زیر مجموعه ها
قانون اساسی کشور قطر (انگلیسی)
اطلاعات بیشتر قانون | |||
---|---|---|---|
تصویب شده | قانون اساسی کشور ها | ||
تاریخ تصویب | 1357/11/22 | ||
شناسه | 3900C934-7790-4DC5-9906-706CFD0DED45 | ||
وضعیت | منسوخ نشده |
Qatar Constitution
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{ Approved by public referendum on: 29 April 2003 }
{ Official long name: Permanent Constitution of the State of Qatar }
{ In force: [day after promulgation by the Emir] }
{ ICL Document Status: 29 April 2003 }
{ Editor''s Note:
The ICL-edition is based on the english translation officially published by the
Ministry of Foreign Affairs. There is no definite information yet (Feb
2004) about the actual promulgation of the constitution. }
Part One The State and the Bases of the Rule
Article 1 []
Qatar is an independent sovereign Arab State. Its religion is Islam and
Shari''a law shall be a main source of its legislations. Its political system
is democratic. The Arabic Language shall be its official language. The people
of Qatar are a part of the Arab nation.
Article 2 []
The capital of the State is Doha City; and it may be transferred to any
other place by a law. The State shall exercise its sovereignty on its territory
and it may not relinquish its sovereignty neither may it cede any part of its
territory.
Article 3 []
The law shall specify the flag of the State٫ the emblem٫ decorations٫ badges٫
and the National Anthem.
Article 4 []
The law shall determine the financial and banking system of the State٫ and
specify its official currency.
Article 5 []
The State shall preserve its independence٫ sovereignty٫ territorial safety and
integrity٫ security and stability٫ and defend itself against aggression.
Article 6 []
The State shall respect the international charrrters and conventions٫ and
strive to implement all international agreements٫ charrrters٫ and conventions
it is party thereof.
Article 7 []
The foreign policy of the State is based on the principle of strengthening
international peace and security by means of encouraging peaceful resolution of
international disputes; and shall support the right of peoples to
self-determination; and shall not interfere in the domestic affairs of
states; and shall cooperate with peace-loving nations.
Article 8 []
The rule of the State is hereditary in the family of Al Thani and in the line
of the male descendants of Hamad Bin Khalifa Bin Hamad Bin Abdullah Bin Jassim.
The rule shall be inherited by the son named as Heir Apparent by the Emir. In
the case that there is no such son٫ the prerogatives of rule shall pass to the
member of the family named by the Emir as Heir Apparent. In this case٫ his male
descendants shall inherit the rule. The provisions of the rule of the State and
accession shall be determined by a special law that shall be issued within a
year commencing as from the date of coming into force of this Constitution.
This law shall have the power of the Constitution.
Article 9 []
The Emir shall٫ by an Emiri Order٫ appoint an Heir Apparent after consultation
with the members of the Ruling Family and the people of wisdom (Ahal Alhal wal
agd) in the State. The Heir Apparent must be a Muslim of a Qatari Muslim
Mother.
Article 10 []
The Heir Apparent٫ on his appointment٫ shall take the following of oath:
( I swear by Almighty God to respect Sharia law٫ the Constitution and the law٫
maintain the independence of the State and safeguard its territorial integrity٫
defend the freedom and interests of its people٫ and be loyal to the State and
the Emir).
Article 11 []
The Heir Apparent shall assume the powers and discharrrge the functions of the
Emir on his behalf during his absence outside the country٫ or in the event of
temporary compelling circumstances).
Article 12 []
The Emir may٫ by an Emiri Order٫ confer upon the Heir Apparent the exercise of
some of his powers and the discharrrge of some of his functions. The Heir
Apparent shall preside over the sessions of the Council of Ministers whenever
he is in attendance.
Article 13 []
Without prejudice to the provisions of the two preceding articles٫ and where it
is not possible to delegate powers to the Heir Apparent٫ the Emir may٫ by an
Emiri Order٫ designate a deputy from the Ruling Family to discharrrge some of
his powers and functions; and where the person who has been so designated
holds a post or performs a function in any institution٫ the same person shall
cease to discharrrge the duties of that post or function during his deputation
of the Emir; and the Deputy Emir shall٫ as soon as he is so designated٫
take٫ before the Emir٫ the same oath as taken by the Heir Apparent.
Article 14 []
There shall be established a Council by an Emiri Resolution named "The Council
of the Ruling Family". The Emir shall appoint the Members of such Council from
amongst the members of the Ruling Family.
Article 15 []
The Council of the Ruling Family shall determine the vacancy of the position of
the Emir in the event of his demise or when he becomes totally incapacitated to
discharrrge his functions. Following this٫ the Council of Ministers and
Al-Shoura Council shall after a secret joint session announce the vacancy and
declare the Heir Apparent as the Emir of the State.
Article 16 []
Where the Heir Apparent٫ at the time he is named Emir of the State٫ is less
than 18 years of age according to the Gregorian calendar٫ the reins of
Government shall be conferred upon a Regency Council to be appointed by the
Council of the Ruling Family. The Regency Council shall be composed of a
Chairman and not less than three or more than five Members; and the Chairman
and the majority of Members shall be from amongst the Ruling Family.
Article 17 []
The financial emoluments of the Emir as well as the funds allocated for gifts
and assistance shall be determined by a resolution issued annually by the Emir.
Part Two The Guiding Principles of the Society
Article 18 []
The Qatari society is based on the values of justice٫ benevolence٫ freedom٫
equality٫ and high morals.
Article 19 []
The State shall maintain the pillars of the society and ensure security٫
stability٫ and equal opportunities for all citizens.
Article 20 []
The State shall strive to strengthen the spirit of national unity٫ cooperation٫
and fraternity among all citizens.
Article 21 []
The family is the basis of the society. A Qatari family is founded on religion٫
ethics٫ and patriotism. The law shall regulate adequate means to protect the
family٫ support its structure٫ strengthen its ties٫ and protect maternity٫
childhood٫ and old age.
Article 22 []
The State shall provide care for the young٫ and protect the same from
corruption٫ exploitation٫ evils of physical٫ mental and spiritual neglect. The
State shall also createee conducive circumstances for developing their
capabilities in all fields based on sound education.
Article 23 []
The State shall foster public health; provide means of prevention from
diseases and epidemics and their cure in accordance with the law.
Article 24 []
The State shall foster٫ preserve and help disseminate sciences٫ arts٫ cultural
and national heritage٫ and encourage scientific research.
Article 25 []
Education is one of the basic pillars of social progress. The state shall
ensure٫ foster٫ and endeavor to spread it.
Article 26 []
Ownership٫ capital and labour constitute the foundation of the social structure
of the State; and the same are individual rights with a social function and
which shall be regulated by the law.
Article 27 []
Private property is inviolable; and no one shall be deprived of his property
save by reason of public benefit and in the cases prescribed by the law and in
the manner stated therein provided that the person concerned is fairly
compensated.
Article 28 []
The State shall guarantee freedom of economic enterprise on the basis of social
justice and balanced cooperation between private and public activity in order
to achieve socio-economic development٫ increase in production٫ achieve public
welfare٫ raise standard of living٫ and provide job opportunities in accordance
with the provisions of the law.
Article 29 []
Natural wealth and its resources are the property of the State; and the
State shall preserve and exploit the same in the best manner in accordance with
the provisions of the law.
Article 30 []
The employee- employer relationship shall be based on the ideals of social
justice and shall be regulated by law.
Article 31 []
The State shall encourage investment and shall provide the necessary guarantees
and facilities for it.
Article 32 []
The law shall regulate State loans.
Article 33 []
The State shall preserve the environment and its natural balance in order to
achieve comprehensive and sustainable development for all generations.
Part Three Public Rights and Duties
Article 34 []
The Citizens of Qatar shall be equal in public rights and duties.
Article 35 []
All persons are equal before the law and there shall be no discrimination
whatsoever on grounds of sex٫ race٫ language٫ or religion.
Article 36 []
Personal freedom shall be guaranteed and no person may be arrested٫ detained٫
searched٫ neither may his freedom of residence and mobility be restricted save
under the provisions of the law; and no person may be subjected to torture٫
or any degrading treatment; and torture shall be considered a crime
punishable by law.
Article 37 []
The sanctity of human privacy shall be inviolable٫ and therefore interference
into privacy of a person٫ family affairs٫ home of residence٫ correspondence٫ or
any other act of interference that may demean or defame a person may not be
allowed save as limited by the provisions of the law stipulated therein.
Article 38 []
No citizen shall be banished neither shall he be denied re-entry to his
country.
Article 39 []
An accused person is presumed innocent until his conviction is proved before a
count of law wherein the necessary guarantees of the right of self-defense are
secured.
Article 40 []
No crime and no punishment save as prescribed by the law and no penalty save on
the acts committed subsequent to the enforcement of that law; and punishment
is personal. The provisions of the laws shall have no effect save on the acts
committed from the date of the enforcement of the said laws. These provisions
shall have no effect on the acts which occurred prior to the enforcement of the
said laws; however٫ it may be stipulated otherwise by a majority of two-
thirds of Al-Shoura Council in case of non-criminal provisions.
Article 41 []
The Qatari nationality and the rules governing it shall be prescribed by law٫
and the same shall have the similar power as that of the constitution.
Article 42 []
The State shall ensure the right of citizens to elect and be elected in
accordance with the law.
Article 43 []
Taxes shall be founded on social justice and henceforth may not be levied save
by a law.
Article 44 []
The right of the citizens to assemble is guaranteed in accordance with the
provisions of the law.
Article 45 []
The right of citizens to establish association is guaranteed in accordance with
the conditions and circumstances set forth in the law.
Article 46 []
Individuals have the right to address public authorities.
Article 47 []
Freedom of expression of opinion and scientific research is guaranteed in
accordance with the conditions and circumstances set forth in the law.
Article 48 []
Freedom of press٫ printing and publication shall be guaranteed in accordance
with law.
Article 49 []
All citizens have the right to education; and the State shall endeavor to
make general education compulsory and free of charrrge in accordance with the
applicable laws and regulations of the State.
Article 50 []
Freedom to practice religious rites shall be guaranteed to all persons in
accordance with the law and the requirements of the maintenance of public order
and morality.
Article 51 []
The right of inheritance shall be maintained and governed by Shari''a law.
Article 52 []
Every person who is a legal resident of the State shall enjoy protection to his
person and property in accordance with the provisions of the law.
Article 53 []
Defending the country is a duty of every citizen.
Article 54 []
The public post is a national service; and a public employee shall make
public interest his only objectttive when performing the duties of his post.
Article 55 []
Public funds are inviolable and its protection is a duty of everyone in
accordance with the law.
Article 56 []
General confiscation of property is prohibited. The penalty of confiscation of
private property shall only be imposed by a court judgment and in cases
specified by the law.
Article 57 []
The respect of the Constitution٫ compliance with the laws issued by Public
Authority٫ abiding by public order and morality٫ observing national traditions
and established customs is a duty of all who reside in the State of Qatar or
enter its territory.
Article 58 []
Extradition of political refugees is prohibited; and the law shall determine
conditions of granting political asylum.
Part Four Organization of Powers
Chapter One General Provisions
Article 59 []
The people are the source of power٫ and they shall exercise the same in
accordance with the provisions of this Constitution.
Article 60 []
The system of Government is based on the separation of powers and shall be
exercised in collaboration with the manner specified in this Constitution.
Article 61 []
The Legislative Authority shall be vested in Al-Shoura Council as prescribed in
this Constitution.
Article 62 []
The execccutive Authority shall be vested in the Emir and he shall be assisted
by the Council of Ministers as specified in this Constitution.
Article 63 []
The Judicial Authority shall be vested in courts of law as prescribed in this
Constitution; and court judgments shall be pronounced in the name of the
Emir.
Chapter Two The Emir
Article 64 []
The Emir is the head of State. His person shall be inviolable and he must be
respected by all.
Article 65 []
The Emir is the Commander-in- Chief of the armed forces. He shall supervise the
same with the assistance of Defence Council under his direct authority. The
said Council shall be constituted by an Emiri Resolution٫ which will also
determine the functions thereof.
Article 66 []
The Emir shall represent the State internally and externally and in all
international relations.
Article 67 []
The Emir shall discharrrge the following functions:
1. Drawing up the general policy of the State with the assistance of the
Council of Ministers;
2. Ratification and promulgation of laws; and no such law may be issued
unless it is ratified by the Emir;
3. Summoning the Council of Ministers to convene at any time deemed necessary
for public interest; and the Emir shall preside over the meetings of the
Council of Ministers that he attends;
4. Appointment of civil servants and military personnel and terminating their
service in accordance with the law;
5. Accrediting diplomatic and consular missions;
6. Granting pardon or commuting penalty in accordance with the law;
7. Conferring civilian and military orders and badges of honour in accordance
with the law;
8. Establishment and organization of ministries and other Government bodies and
specifying their functions;
9. Establishment and organization of such consultative bodies to assist him in
directing٫ supervising٫ and specifying the functions of the high policies of
the State;
10. Any other functions vested upon him by this Constitution or the law.
Article 68 []
The Emir shall conclude treaties and agreements by a decree and refer them to
Al-Shoura Council accompanied with appropriate explanatory notes. The treaty or
agreement shall have the power of law after ratification and publication in the
official Gazette; however٫ reconciliation treaties and treaties pertaining
to the territory of the State or those relating to the right of sovereignty or
public or private rights of the citizens٫ or those that involve an amendment of
the laws of the State shall come into force when the same are issued as a law.
Under no case may a treaty include secret conditions contradicting its
publicized conditions.
Article 69 []
The Emir may٫ be a decree٫ declare Martial Laws in the country in the event of
exceptional cases specified by the law; and in such cases٫ he may take all
urgent necessary measures to counter any threat that undermine the safety of
the State٫ the integrity of its territories or the security of its people and
interests or obstruct the organs of the State from performing their duties.
However٫ the decree must specify the nature of such exceptional cases for which
the martial laws have been declared and clarify the measures taken to address
this situation. Al-Shoura Council shall be notified of this decree within the
fifteen days following its issue; and in the event that the Council is not
in session for any reason whatsoever٫ the Council shall be notified of the
decree at its first convening. Martial laws shall be declared for a limited
period and the same shall not be extended unless approved by Al-Shoura Council.
Article 70 []
The Emir may٫ in the event of exceptional cases that require measures of utmost
urgency which necessitate the issue of special laws and in case that Al-Shoura
Council is not in session٫ issue pertinent decrees that have the power of law.
Such decree-laws shall be submitted to Al-Shoura Council at its first meeting;
and the Council may within a maximum period of forty days from the date of
submission and with a two-thirds majority of its Members reject any of these
decree-laws or request amendment thereof to be effected within a specified
period of time; such decree-laws shall cease to have the power of law from
the date of their rejection by the Council or where the period for effecting
the amendments have expired.
Article 71 []
Defensive war shall be declared by an Emiri decree and aggressive war is
prohibited.
Article 72 []
The Emir shall appoint the Prime Minister٫ accept his resignation and remove
him from office by an Emiri order; and the resignation of the Prime Minister
or his removal from office shall entail all Ministers. In the event of
acceptance or resignation or removal from the office٫ the same Council shall
continue to run urgent matters until such time the new Council is appointed.
Article 73 []
The Emir shall appoint Ministers by an Emiri Order upon nomination by the Prime
Minister; and he shall accept resignations of Ministers and relieve them
from office in a like manner. Where a resignation of a minister has been
accepted٫ the Minister may be entrusted with running urgent matters until his
successor is appointed.
Article 74 []
The Emir shall take the following oath prior to the discharrrge of his
functions in a special session convened by Al-Shoura Council:
The Emir shall take the following oath prior to the discharrrge of his
functions in a special session convened by Al-Shoura Council:
(I swear by Almighty God to respect Sharia law٫ the Constitution and the law٫
protect the independence of the State٫ safeguard its territorial integrity٫ and
defend the freedom and interests of its people).
Article 75 []
The Emir shall seek public opinion on important issues pertaining to the
interests of the State in a referendum. The subject of such referendum shall be
deemed acceptable if acknowledged by the majority of voters; and the results
of the referendum shall be binding and effective from the date of its
announcement. The results shall be published in the official Gazette.
Chapter Three The Legislative Authority
Article 76 []
Al-Shoura Council shall assume the legislative authority٫ approve the general
policy of the Government٫ the budget٫ and it shall exercise control over the
execccutive authority as specified in this Constitution.
Article 77 []
Al-Shoura Council shall consist of forty-five Members thirty of whom shall be
elected by direct٫ general secret ballot; and the Emir shall appoint the
remaining fifteen Members from amongst the Ministers or any other persons. The
term of service of the appointed Members in Al-Shoura Council shall expire when
these Members resign their seats or are relieved from their posts.
Article 78 []
The system of election shall be determined by law in which the conditions and
procedure of nomination and election are specified.
Article 79 []
The electoral constituencies into which the State is divided and the districts
thereof shall be determined by a decree.
Article 80 []
The member of Al-Shoura council should fulfill the following conditions:
1. To be a holder of an original Qatari nationality;
2. His age shall not be less than thirty calendar years at the closing date of
nomination;
3. To be good in reading and writing Arabic;
4. Not to have been convicted by a competent court of law for an offense
involving moral turpitude or dishonesty unless rehabilitated in accordance with
the law; and
5. Eligible to vote as determined in the elections law.
Article 81 []
The term of Al-Shoura Council shall be four calendar years commencing from the
date of the first meeting; and the elections of the new Council shall be
conducted during the last ninety days of the aforementioned term. The Member
whose term of service expires may be re-elected; and where the elections are
not held at the expiry of the term of the Council or delayed for any reason
whatsoever٫ the term of the Council shall remain intact until a new Council is
elected. The legislative term shall not be extended save for necessity and by
decree provided that the said extension shall not exceed the period of one
legislative term.
Article 82 []
The law shall determine the competent Judicial Authority that shall decide on
the validity of the Members'' election of Al-Shoura Council.
Article 83 []
Where for any reason a seat of one of the elected Members of Al-Shoura Council
falls vacant at least six months before the term of the Council expires٫ a
successor shall be elected within two months from the date of notification of
such vacancy. Where٫ on the other hand٫ a seat of an appointed Member falls
vacant٫ a new Member shall be appointed to fill the vacancy. In both cases٫ the
new Member shall complete the term of his predecessor.
Article 84 []
The annual term of session of the Council shall at least be eight months and
the Council may not be allowed to adjourn the session until the budget of the
State is approved.
Article 85 []
Al-Shoura Council shall commence its annual ordinary session upon convocation
by the Emir within the month of October every year.
Article 86 []
Notwithstanding the preceding two articles٫ the Emir shall call the Council for
the first meeting following the general elections of the Council within one
month of the end of election. Where the convening of the Council is delayed
during this term from the date prescribed by the preceding article٫ then the
duration of the term of the Council shall be reduced by the time difference
between the two fore-mentioned dates.
Article 87 []
The Emir or his nominated representative shall open the annual term of the
session of Al-Shoura Council and give a comprehensive speech in which he
addresses the affairs of the State.
Article 88 []
In the case of necessity٫ the Emir shall٫ by a decree٫ or upon a request by a
majority of the Members of the Council call Al-Shoura Council to an
extraordinary meeting. In case of an extraordinary session٫ the Council shall
not look into matters other than those for which the Council is convoked.
Article 89 []
Summoning and adjourning the ordinary and extraordinary sessions of the Council
shall be by decree.
Article 90 []
The Emir may by a decree postpone the meeting of Al-Shoura Council for a period
of time not exceeding one month; and the postponement of the meeting of
Al-Shoura Council shall not be repeated during one term save by the approval of
the Council and for one period and such period shall not be considered as part
of the term of the session.
Article 91 []
The Council shall hold its meetings in its seat in Doha City; however٫ the
Emir may call the Council to convene in any other place.
Article 92 []
Prior to the discharrrge of their duties before Al-Shoura Council and in an
open session٫ the Members shall take the following oath:
(I swear by the Almighty God to be loyal to the country and to the Emir٫
respect Sharia law٫ the Constitution and the law٫ and safeguard the interests
of the people and perform my duties with honesty and integrity).
Article 93 []
The Council shall in its first convening and for the duration of its term of
session elect a Speaker and Deputy Speaker from amongst the Members. In the
event of vacancy of office of either of them٫ the Council shall elect to
replace either of them for the rest of the duration of the term of Council. The
election shall be by secret ballot and by absolute majority of the votes of
attending Members; and should such majority not be attained on the first
vote٫ a second vote shall be taken between the two Members who obtained the
highest number of votes of attending Members. Where there is a tie between the
second of the two who obtained the most votes and another candidate٫ this other
candidate shall run for the second voting and in such case the election shall
be determined by relative majority. In the event that more than one candidate
obtains equal votes٫ a lot is cast.The session shall be chaired by the most
senior Member until the Speaker is elected.
Article 94 []
The Council shall set up from amongst its Members٫ within two weeks from the
commencement of its annual term of session٫ committees as may be necessary for
the performance of its functions. Such committees may discharrrge their
functions during the recess of the Council in preparation for submission of the
outcomes of their work to the Council at the beginning of the following term of
session.
Article 95 []
The Council shall have a bureau consisting of the Speaker٫ his deputy and
chairs of committees٫ and it shall have a general secretariat to assist the
Council in the discharrrge of its functions.
Article 96 []
Maintaining order in the Council shall be the function of the Speaker.
Article 97 []
Al-Shoura Council shall make its internal regulations comprising its internal
order and the conduct of its business٫ the work of committees٫ organization of
sessions٫ rules of proceedings٫ voting and all functions stipulated in this
Constitution. The regulations shall determine the disciplinary penalties for
the Members'' violation of order or failure to attend sessions of the Council
or committees without acceptable reason; and the aforementioned regulations
shall be issued by law.
Article 98 []
Sittings of the Council shall be public٫ and they may also be held in camera
upon a request of one third of the Members of the Council or upon a request
from the Council of Ministers.
Article 99 []
For the sessions of the Council to be quorum٫ the majority of the Members must
be present provided that the Speaker or his Deputy is present. In the event
that quorum is not attained٫ the session shall be adjourned to the next
sitting.
Article 100 []
The resolutions of the Council shall be passed by absolute majority of the
attending Members save in cases that require special majority; and in case
the votes are equal٫ the Speaker shall have casting vote.
Article 101 []
The membership of the Council expires by reason of:
1. Death or total disability;
2. Expiration of term of membership;
3. Resignation;
4. Removal from office;
5. Dissolution of the Council.
Article 102 []
The resignation of a Member shall be made in writing to the Speaker. The
Speaker shall submit the resignation to the Council to decide its acceptance or
refusal. The internal regulations shall specify the rules pertaining to this
matter.
Article 103 []
No member may be removed from the Council unless he loses confidence and
esteem٫ or becomes disqualified for lacking one of conditions of the membership
on the basis of which he was elected٫ or is in breach of the duties of
membership. The resolution of removal from the Council shall be taken by a
two-thirds majority of the Members of the Council.
Article 104 []
The Emir may dissolve the Council by a decree in which the reasons for the
dissolution shall be stated; however٫ the Council shall not be dissolved
twice for the same reasons. Where the Council is dissolved٫ the elections of
the new Council shall take place within a period not exceeding six months as of
the date of dissolution.
Until a new Council is elected٫ the Emir with the assistance of the Council of
Ministers shall assume the power of legislation.
Article 105 []
1. Every Member of the Council shall have the right to propose bills; and
every proposal shall be referred to the relevant committee in the Council for
study٫ making recommendation and submission to the Council. If the Council
accepts the proposal٫ the same shall be referred in draft form to the
Government for study and opinion. Such a draft shall be returned to the Council
during the same or the following term of session.
2. Any bill rejected by the Council may not be re-introduced during the same
term of session.
Article 106 []
1. Any draft law passed by the Council shall be referred to the Emir for
ratification.
2. If the Emir٫ declines to approve the draft law٫ he shall return it a long
with the reasons for such declination to the Council within a period of three
months from the date of referral.
3. In the event that a draft law is returned to the Council within the period
specified in the preceding paragraph and the Council passes the same once more
with a two-thirds majority of all its Members٫ the Emir shall ratify and
promulgate it. The Emir may in compelling circumstances order the suspension of
this law for the period that he deems necessary to serve the higher interests
of the country. If٫ however٫ the draft law is not passed by a two-thirds
majority٫ it shall not be reconsidered within the same term of session.
Article 107 []
The general draft budget shall be submitted to Al-Shoura Council at least two
months from the commencement of the fiscal year and it shall not be in force
unless the Council approves it. Al-Shoura Council may with the approval of the
Government make amendments to the draft budget; and in case that the draft
budget is not passed before the start of fiscal year٫ the previous budget
continues to be effective until the new budget is passed. The law shall define
the method of preparing the budget is prepared and specify the fiscal year.
Article 108 []
Al-Shoura Council shall have the right to express to the Government its
interest in public matters. If the Government is unable to comply with such
interest٫ it must give to the Council the reasons for that. The Council may
comment but once on the statement of the Government.
Article 109 []
Every Member of Al-Shoura Council may address a point of clarification to the
Prime Minister and to any of the Ministers pertaining to matters within their
jurisdiction; and only the person who raised the question has the right to
comment but once on the response.
Article 110 []
Every Member of Al-Shoura Council may address an interpellation to Ministers on
matters within their jurisdiction. An interpellation may not be made unless it
is agreed on by one third of the Members of the Council. Such interpellation
may not be discussed before a period of at least ten days from the date of
submission save in urgent circumstances and provided the Minister agrees to
reduce such period.
Article 111 []
Every Minister is responsible before Al-Shoura Council for the performance of
his ministry; and the Minister may not be subjected to a vote of confidence
save after an interpellation addressed to him. The vote of confidence shall be
discussed if the Minister so desires or upon a request signed by fifteen
Members. The Council may not take a resolution in this respect before at least
ten days from the date of the submission of the request or expression of
desire; and the vote of no confidence on the Minister shall be a majority of
two thirds of the Members of the council. The minister shall be considered to
have relinquished his office as of the date of the no confidence resolution.
Article 112 []
The Minister of the Council shall in no circumstances be accountable for
opinions or statements he makes in respect of matters within the jurisdiction
of the Council.
Article 113 []
1. Save when a Member of Al-Shoura Council is found flagrante delicto٫ he shall
not be arrested٫ detained٫ searched or subject to investigation without prior
permission from the Council. Where the Council has not issued a resolution on
the request for permission within a period of one month from the date of
receipt of the said request٫ this shall be virtually considered a permission.
The permission shall be issued by the Speaker of the Council when the latter is
not in session.
2. In case of flagrante delicto٫ the Council must be notified of the measures
taken against the offending Member; and where the Council is not in session٫
such notification should be made at the first subsequent session.
Article 114 []
Combination of membership of the Council and the assumption of public posts
shall not be permissible save in cases where combination is permissible in
accordance with the Constitution.
Article 115 []
The Members of Al-Shoura Council shall aim in their conduct to serve the
interests of the country and shall not٫ in any way٫ use their official
positions for their own interests٫ nor for the interests of their own
acquaintances. The law shall determine the acts that are restricted for the
Member of Al-Shoura Council.
Article 116 []
The Speaker of the Council٫ his Deputy and the Members shall be granted a
remuneration to be determined by law. Such remuneration shall be due as of the
date of taking oath before the Council.
Chapter Four The execccutive Authority
Article 117 []
No one shall assume a Ministerial Post save a person of an original Qatari
nationality.
Article 118 []
The formation of the Council of Ministers shall be by an Emiri Order on a
proposal by the Prime Minister. The Emir may entrust the Prime Minister or any
other Minister with the functions of one or more ministries; and the law
shall specify the powers of Ministers.
Article 119 []
Prior to assuming office٫ the Prime Minister and the Ministers shall take
before the Emir the following oath:
( I swear by Almighty God to be loyal to the country and to the Emir ٫ respect
Shari''a Law٫ the Constitution and the law٫ fully safeguard the interests of
the people٫ perform my duties faithfully٫ conscientiously٫ and with honour٫ and
fully safeguard the territorial integrity and safety of the State).
Article 120 []
The Council Of Ministers shall assist the Emir in discharrrging his functions
and exercising his powers in accordance with this Constitution and the
provisions of the law.
Article 121 []
It shall be conferred upon the Council of Ministers٫ in its capacity as the
highest execccutive organ٫ to administer all the internal and external affairs
falling within its jurisdiction as determined in this Constitution and the
provisions of the law. The Council of Ministers shall specifically perform the
following functions:
1. Proposal of draft laws and decrees and submission of the same to Al-Shoura
Council for debates. If such proposed laws are approved by the Advisory
Council٫ they shall be referred to the Emir for ratification and promulgation
in accordance with the provisions of this Constitution;
2. Approval of the regulations and decisions prepared by the Ministries and
other Government organs relevant to their respective jurisdiction for the
implementation of the laws in accordance with their provisions;
3. Supervision of the implementation of laws٫ decrees٫ regulations٫ and
resolutions;
4. Proposals of establishing and organizing of the Government departments٫
public authorities and corporate bodies according to the law;
5. High control of the financial and administrative system of the Government;
6. Appointment and dismissal of civil servants in the cases where such
appointment and dismissal do not fall within the jurisdiction of the Emir or
the power of the Ministers as specified by the law;
7. Drawing up the general regulations that adequately ensure the maintenance of
internal security and public order in all parts of the State in accordance with
the law;
8. Administration of the finance of the State and preparation of its draft
budget as determined by this Constitution and the provisions of the law;
9. Approval of economic project and methods of their implementation;
10. Supervision of the means for preserving the interests of the State abroad
and maintenance of its international relations and foreign affairs;
11. Preparation of a report at the beginning of every fiscal year including a
detailed survey of the tasks accomplished internally and abroad. The report
shall be accompanied with a plan drawing up the most adequate ways for
achieving comprehensive development of the State٫ providing the necessary
conditions for its development and prosperity٫ and consolidating its security
and stability in accordance with the basic guiding principles of the policy of
the State as stated in this Constitution. The said report shall be submitted to
the Emir for approval;
12. Any other functions vested upon it by this Constitution or the law.
Article 122 []
The Ministers shall implement the general Government policy٫ each within the
limits of his jurisdiction .The Emir may request the Prime Minister and the
Ministers to submit reports on any matter of the State that fall within the
scope of their functions.
Article 123 []
The Prime Minister and the Ministers are collectively responsible before the
Emir for the implementation of the general Government policy; and each one
of them is individually responsible before the Emir for the manner in which he
carries out his duties and exercises his function.
Article 124 []
The law shall determine remunerations for the Prime Minister and the Ministers;
and all provisions pertaining to the Ministers shall apply to the Prime
Minister unless otherwise stipulated.
Article 125 []
The Prime Minister shall٫ preside over the sessions of the Council٫ organize
its proceedings and supervise coordination of work among the various Ministries
in order to achieve unity and harmony among the Governmental organs of the
State. The Prime Minister shall sign٫ in the name and on behalf of the Council
of Ministers٫ decisions made by the Council.
He shall also submit to the Emir the decisions of the Council on matters
requiring an Emiri Resolution for approval and issuance in accordance with the
provisions of this Constitution.
Article 126 []
The meetings of the Council of Ministers shall be quorum if a majority of its
Members are present٫ provided that the Prime Minister or his Deputy are
present. The discussions of the Council shall be secret; and its decisions
shall be made by a majority of the present Members. When the votes are equal٫
the Prime Minister shall have casting vote. The minority shall abide by the
opinion of the majority.
Article 127 []
The Council of Ministers shall set up its internal regulations and it shall
have a general secretariat to assist in the discharrrge of its functions.
Article 128 []
When assuming their positions٫ the Ministers shall aim to serve the interests
of the country and shall not٫ in any way٫ misuse their official positions for
their own interests٫ or for the interests of their own acquaintances. The law
shall determine the acts that are restricted for Ministers and the acts
committed during their term of office that entail accountability; and the
said law shall specify the manner of accountability.
Chapter Five The Judicial Authority
Article 129 []
The supremacy of law is the base of rule in the State. The honour of the
judiciary٫ its integrity٫ and impartiality of judges are a safeguard of rights
and liberties.
Article 130 []
The judicial authority shall be independent and it shall be vested in courts of
different types and grades. The courts shall make their judgments according to
the law.
Article 131 []
Judges are independent and they shall not be subject to any power in the
exercise of their judicial functions as provided by the law and no interference
whatsoever shall be permitted with court proceedings and the course of justice.
Article 132 []
The law shall regulate the categories and divisions of courts and define their
jurisdiction and powers. The jurisdiction of Military tribunals is restricted٫
save when martial law is in force٫ to military crimes committed by staff of the
armed and the security forces within the limitations specified by the law.
Article 133 []
Court sessions shall be public save when a court decides٫ for the interest of
public order or morality٫ to hold them in camera. In all cases٫ the
pronouncement of judgments shall be made in an open session.
Article 134 []
Judges shall not be subject to removal from office save in cases specified by
the law. The said law shall also specify the rules and disciplinary matters
applicable to Judges.
Article 135 []
The right of litigation is inviolable and it shall be guaranteed to all people.
The law shall specify the procedures and manner of exercising this right.
Article 136 []
Public prosecution shall conduct public actions in the name of the people٫
supervise the law enforcement٫ and ensure the enforcement of criminal laws. The
law shall regulate the functions of this body٫ specify the condition and
guarantees pertaining to the staff discharrrging the functions of the same.
Article 137 []
The judiciary shall have a Supreme Council to supervise the proper functioning
of courts of law and their auxiliary organs. The law shall determine the
composition٫ powers and functions of the said Council.
Article 138 []
The law shall determine the competent body entrusted with the settlement of
administrative disputes and define its structure and manner of discharrrging
its functions.
Article 139 []
The law shall regulate the method of settling conflicts of jurisdiction and
also judgments among the judicial bodies.
Article 140 []
The law shall specify the competent judicial body for settling of disputes
pertaining to the constitutionality of laws and regulations٫ define its powers
and method of challenging and procedures to be followed before the said body.
It shall also specify the consequences of judgment regarding
unconstitutionality.
Part Five Final Provisions
Article 141 []
The Emir shall promulgate this Constitution and it shall come into force as of
the day immediately following the date of its publication in the official
Gazette.
Article 142 []
The laws shall be published in the official Gazette after ratification and
promulgation within two weeks of their issue٫ and unless otherwise stated in
the laws themselves٫ such laws shall come into force a month as of the date of
their publication.
Article 143 []
All provisions embodied in laws and regulations in force upon the entering of
this Constitution into force shall continue to be valid and effective unless
they are amended in accordance with it. The enforcement of this Constitution
shall not affect the provisions of the treaties and international agreements to
which the State of Qatar is a party.
Article 144 []
The Emir or one third of the Members of Al-Shoura Council each shall have the
prerogative to apply for the amendment of one or more of the articles of this
Constitution. If the majority Members of the Council accept the amendment in
principle٫ the Council may discuss it article by article. The amendment shall
be passed by a two-thirds majority of the Members of the Council. The said
amendment shall not be into force before the approval of the Emir and its
publication in the official Gazette. If٫ on the other hand٫ the proposal for
amendment is rejected in principle or in subject٫ it may not be re-introduced
before the lapse of one year from the date of its rejection.
Article 145 []
Provisions pertaining to the rule of the State and its inheritance thereof may
not be subject to application for amendment.
Article 146 []
Provisions pertaining to rights and public liberties may not be subject to
amendment save for the purpose of granting more rights and guarantees for the
interest of the citizen.
Article 147 []
The functions of the Emir set forth in this Constitution may not be subject to
an application for amendment during the term of his deputation.
Article 148 []
No article of this Constitution may be proposed for amendment before the lapse
of a period of ten years from the date of its coming into force.
Article 149 []
No provision of this Constitution may be suspended save where martial laws are
in force and within the limits specified by the law; however٫ the convening
of the session of Al-Shoura Council may not be suspended neither may the
immunity of its Members be violated during this period.
Article 150 []
The Amended Provisional Constitution٫ issued on 19th April٫ 1972٫ in force in
the State٫ shall be repealed. The provisions pertaining to the current
Al-Shoura Council shall remain in force until the new Council is elected.
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© 1994 - 16. Feb. 2004 / For corrections please contact A. Tschentscher.