03 June 2020
11 Shawwaal 1441
عربي
The Emir is the head of state. His person shall be inviolable and he must be respected by all.
The Emir is the Commander-in-Chief of the armed forces. He shall supervise the same with the assistance of the Defence Council under his direct authority. The said Council shall be constituted by an Emiri Resolution, which will also determine the functions thereof.
The Emir shall represent the State internally and externally, and in all international relations.
The Emir shall discharge 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; no law may be issued unless ratified by the Emir.
3. Summoning the Council of Ministers to convene at any time deemed necessary in the public interest; the Emir shall preside over the meetings of the Council of Ministers, which he attends.
4. Appointment of civil servants and military personnel and termination of their service in accordance with the Law.
5. Accreditation of diplomatic and consular missions.
6. Granting pardons or commuting penalties in accordance with the Law.
7. Conferring civilian and military orders and badges of honour in accordance with the Law.
8. Establishment and regulation of ministries and other government bodies and setting their functions.
9. Establishment and regulation of such consultative bodies as are required to assist him in conducting State affairs.
10. Any other functions vested in him by this Constitution or the Law.
The Emir shall conclude treaties and agreements by decree and refer them to the Shura Council, accompanied by appropriate explanatory memos. The treaty or agreement shall have the power of law after ratification and publication in the Official Gazette. However, reconciliation treaties and those that pertain to the territory of the State, relate to the right of sovereignty or to the public or private rights of the citizen, or involve an amendment to the laws of the State, shall come into force when the same are issued as a law.
All treaty terms shall be expressed on their face and no terms shall be implied.
The Emir may issue a decree declaring martial law in the country in exceptional cases specified by the Law, and in such cases the Emir may take all urgent requisite measures to counter any threat that undermines the safety of the State, the integrity of its territories or the security of its people and interests, or that prevents the organs of the State from performing their duties. However, the decree must specify the nature of such exceptional cases where martial law can be declared and specify measures which should be taken to return to the Rule of Law. The Shura 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 meeting. Martial law shall be declared for a limited period and the same shall not be extended unless approved by the Shura Council.
In cases of extreme urgency, or force majeure that require measures of utmost urgency by issuing special decree-laws, and in such cases when the Shura Council is not in session, the Emir may issue pertinent decrees that have the power of law. Such decree-laws shall be submitted to the Shura Council at its first meeting, and the Council may, within a maximum 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 when the period for effecting the amendments has expired.
Defensive war shall be declared by an Emiri Decree and aggressive war is prohibited.
The Emir shall appoint the Prime Minister, accept his resignation and remove the Prime Minister from office by an Emiri Order, and the resignation of the Prime Minister or his removal from office shall include all other ministers. In the event of acceptance of resignation or removal from office, the outgoing Council shall continue to conduct urgent business on a temporary emergency basis until such time as a new Council is appointed.
The Emir shall appoint ministers by an Emiri Order on nomination by the Prime Minister, and he shall accept resignations of ministers and relieve them from office in the same way. Where the resignation of a minister has been accepted, the minister may be entrusted to continue the conduct of urgent business in his role as former minister until his successor is appointed.
The Emir shall, in a special session convened by the Shura Council prior to the discharge of his functions, take the following solemn oath: “I, …, do solemnly swear by Almighty Allah to respect Shari'a 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”.
The Emir shall seek public opinion on important issues pertaining to the interests of the State in a referendum. The question to be decided by such a referendum shall be deemed to be accepted if approved by the majority of voters, and the result of the referendum shall be binding and effective from the date of its announcement. The results shall be published in the Official Gazette.