Constitutional Council Provides No Clarity Over Declaration of ‘State of Emergency’

A Constitutional Council spokesperson said the body did not consider whether an acting head of state can declare a state of emergency based on the draft law, adding that there was no request to clarify this discrepancy.

A host of ruling party officials have rushed to claim that the acting head of state can in fact enact a state of emergency using the new law, even though Hun Sen a few weeks ago said he was of the view only the King can declare an emergency, asking the Constitutional Council to provide a clarification.

The draft law was passed by the Constitutional Council on Monday without any changes. The council said the law was in line with Article 22 of the Constitution that enables the King to declare a state of emergency, after reaching consensus with the Prime Minister and Presidents of the Senate and National Assembly.

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