Discussion Paper No.21
THE CONSTITUTIONAL COUNCIL OF THE
KINGDOM OF CAMBODIA IN PROMOTING ITSCORE VALUES: RESPECT RULE OF LAW, PROTECTINDEPENDENCE, FULFILL NEUTRALITY
TAING Ratana
February, 2022

Nagoya University
Center for Asian Legal ExchangeCenter for Asian Legal Exchange (CALE)

Nagoya University, JapanTHE CONSTITUTIONAL COUNCIL OF THE KINGDOM OF CAMBODIA IN PROMOTING ITS CORE VALUES: RESPECT RULE OF LAW, PROTECT INDEPENDENCE, FULFILL NEUTRALITY

TAING Ratana

Contents
Abstract
ACKNOWLEDGEMENT ....................................................................................................... 1
INTRODUCTION.................................................................................................................... 3
Part I: Research Overview, Literature Review, Methodology ........................................... 5
Chapter 1: RESEARCH OVERVIEW ...................................................................... 5
1.1 Background .............................................................................................................. 5
1.2 Problem Statement ................................................................................................... 5
1.3 Research Objectives ................................................................................................. 7
1.4 Research Questions .................................................................................................. 7
Chapter 2: LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK .... 8
2.1 Literature Review of Concepts Definition ............................................................... 8
2.2 Conceptual Framework .......................................................................................... 11
2.3 Research Methodology .......................................................................................... 11Part II: Research Finding ..................................................................................................... 12
Chapter 1: THE MISSION OF THE CONSTITUTIONAL COUNCIL IN PROMOTING THE CORE VALUES ....................................................... 12
1.1 Introduction ............................................................................................................ 12
1.2 The Reason Beyond The Creation of The Core Values ......................................... 16
Chapter2: THE CONSTITUTIONAL COUNCIL IN DETERMINING
THE CONCEPTIONS TO BE IMPLEMENTED ............................. 18
2.1 CONCEPTION 1: To Promote Perfectionism in Fulfillment of the Constitutional
Council’s Mandate........................................................................................................ 18
2.2 CONCEPTION 2: To Strengthen Trust and Confidence in Public....................... 19
2.3 CONCEPTION 3: To Generate the Principles of Constitutionalism and Constitutionalization into Public Awareness ...................................................................... 20
Chapter 3: THE CONSTITUTIONAL COUNCIL IN DEVELOPING
THE CONCEPTIONS TO BE IMPLEMENTED ............................ .20
3.1 Developing the Conception 1 ........................................................................................ 23
3.2 Developing the Conception 2 ........................................................................................ 28
3.3 Developing the Conception 3 ........................................................................................ 31iCONCLUSION ...................................................................................................................... 34
REFERENCES ....................................................................................................................... 34ii

THE CONSTITUTIONAL COUNCIL OF THE KINGDOM OF
CAMBODIA IN PROMOTING ITS CORE VALUES: RESPECT
RULE OF LAW, PROTECT INDEPENDENCE, FULFILL NEUTRALITY
TAING Ratana
Abstract:
This paper produced aims at sharing the understanding of the important core values for an
organization, particularly the Constitutional Council of the Kingdom of Cambodia. The development of the core values into action plans can be a means to promote public trust and confidence. The readers of this paper will briefly earn knowledge about the Constitutional Councilof the Kingdom of Cambodia with a focus on some related issues (i) The Constitutional Council
in promoting the core values (ii) The Constitutional Council in determining the conceptions to
be implemented, and (iii) The Constitutional Council in developing the conceptions to be implemented.

I am thankful to the Center of Asian Legal Exchange (CALE) of Nagoya University for theForeign Visiting Scholar Fellowship which gave me opportunity to conduct research in Japanbetween January and February 2020 on a topic related to the Constitutional Council, where I
am working in position as the Secretary General.
My most grateful thanks go to H.E. Mr. IM Chhun Lim, the President of the Constitutional
Council of the Kingdom of Cambodia, for allowing and supporting me to participate in thisprogram and also providing me all facilitations. And my sincere thanks go to H.E. Mr. PROM
Vichet Akara, deputy Secretary General of the Constitutional Council, for being responsible
for my tasks during my participation in whole program.
My deepest gratitude goes to Professor Akira FUJIMOTO, my supervisor and the Director of
CALE, who has provided me good comments and advice for my research topic. I am very
grateful to Assistant Professor Yushi KASAYA, who has motivated and inspired me to participate this program and provided me a warm treatment during my stay in Nagoya. My heartfelt
1

gratitude goes to Professor Yoshiharu MATSUURA for providing me priceless advice in writing a good research proposal, to Professor OKUDA Saori, and to Professor Hidenori MOTO,
for providing me a good advice.
My sincere thanks go to Assistant Professor Aziz ISMATOV, Assistant Professor Emi
MAKINO, and other CALE’s staffs; who provided me warm welcome and friendly consultation. My special thanks to Matsumoto YURIKA, Sumie TSUGE, for their kind administrative
assistance; and to all CALE’ staffs and respectful Japanese Sensei, who have directly or indirectly helped me during my research at CALE.
My thanks go to Miss MEAN Pichdabina, PhD Candidate; Miss KHIM Khemry, Master student, and to all Cambodian students at GSL, for facilitating and taking good care of me and myfamily during our stay with the program.
Last but not least, my love and great thanks goes to two lovely ladies; my wife NORNG Panhasovatei, and my 9 years olds daughter VANTHEN Abhijinineath, for accompanying me to
Japan and spending joyful time with me during my fellowship at CALE.

2

INTRODUCTION
The Constitutional Council is a supreme, neutral, and independent institution created by the
1993 Cambodian constitution. This institution has been effectively functioning since June 15,
1998; which is noticed the first time in Cambodian legal history. The Constitutional Council
consists one President and 8 Members. The President is elected by 9 Members of the Council
at the absolute majority vote. The election of the President shall be conducted every 3 years
after the 3 new members come into office. The President has rank and prerogatives equal tothose of the President of the National Assembly. Members have rank and prerogatives equal tothose of the Vice-President of the National Assembly.
The normal term of the members of the Council shall be 9 years. Every 3 years, 3 members of
this Council shall be replaced. Exceptionally, for the first mandate, some members are appointed and elected for a term of 3, 6, and 9 years. His Majesty the King appoints 3 members,
while the National Assembly and the Supreme Council of Magistracy elect 3 members each.
According to the constitution and the law on the organization and the functioning of the Constitutional Council, this Council shall have 3 noticed competences (i) To guarantee the respectof the constitution. By this means, the Constitutional Council interprets the constitution andthe laws adopted by the National Assembly and completely reviewed by the Senate, and to
examine the constitutionally of laws1. (ii) To examine and rule on electoral litigations: thoseelections are the election of the Members of the National Assembly and the election of the
Senators2. (iii) To notify His Majesty the King: the King consults the Constitutional Council
on all proposals to amend the Constitution.
The initiative to review or to amend the constitution shall be the prerogative of the King, thePrime Minister, and the President of the National Assembly, at the proposal of one fourth of
all its members3. This Constitutional Council shall be assisted by the general secretariat, whichis responsible for all administrative work of the Council.

1

Article 136 (new) of the constitution
Article 136 (new) of the constitution
3
Article 143 new (former Article 124) of the constitution
2

3

The general secretariat of the Council shall be under the directives of the President of the Constitutional Council. It is administered by one secretary-general, assisted in his activities by acertain number of deputy secretaries-general. The secretary-general and deputy secretariesgeneral shall have the rank of secretary of state and undersecretary of state respectively. The
secretary-general manages the administrative works of the Constitutional Council under the
instruction of the President of the Constitutional Council. The secretary-general could be authorized by the President of the Constitutional Council to sign the administrative letter or decision.
The general secretariat of the Constitutional Council shall play important roles as following (i)preparing all cases submitted to the Council (ii) taking note minute during the sessions of theCouncil (iii) being responsible for administrative work of the Council by guaranteeing the continuity of work, official’s management, and good cooperation with other inter-departments (iv)keeping cases, minutes, and other documents by not making leaks to outsider without permission from the President, and (v) providing technical assistance to the Council’s members, andalso fulfilling other works given by the President.

4

PART I
Research Overview, Literature Review, Research Methodology
CHAPTER 1
RESEARCH OVERVIEW
1.1. Background
The Constitutional Council of the Kingdom of Cambodia is the constitutional review body inthis country. It has very important roles in guaranteeing the respect for the constitution, whichis to be said a holly text for keeping peace, sustainability, and development in Cambodiansociety. Thus, this institution shall be well known and respected by concerned stakeholders.
Promoting its supremacy among the public awareness is one of the first steps for this institution.
The Constitutional Council has accomplished many appreciated works, but there have beenfurther tasks to be done in coming future, hence the Constitutional Council is calling for aneffective promotion of its institution. To strengthen one institution shall be in form of (i) structural strengthening and (ii) human resources strengthening. These two forms of strengthening
should be under a policy, which could be found in the core values of the Constitutional Council.
These core values need many steps of its concepts to be implemented, hence doing research on
how to promote the core values of the Council is now among crucial work for the generalsecretariat of the Constitutional Council.
1.2 Problem Statement
The Constitutional Council has fulfilled its functions in conformity with the constitution andexisting laws of the Kingdom. The Constitutional Council has committed to move upwards tothe space of international recognition at larger scale; especially getting trust and confidence
from the public. In reaching this purpose, the core values for the Council has been introduced
as followed: Respect Rule of Law, Protect Independence, and Fulfill Neutrality.
The aforesaid core values were introduced the first time for the Constitutional Council by H.E.
Mr. IM Chhun Lim, current President of the Council. It was heard in his speech delivered at
19th anniversary of the Constitutional Council held on 15 June 2017. This initiative core values
were then unanimously adopted by all members of the Council and staffs of the general secretariat. They all welcomed and recognized this core values as the common sense of the5Constitutional Council. The creation of this core values aims at promoting public awarenessand trust in the Constitutional Council. The aforesaid core values for the Constitutional Council
will become an important means to promote supremacy of the Council.
In his speech delivered on 15 June 2018 during 20th anniversary of the Constitutional Council,
H.E. Mr. IM Chhun Lim advised the general secretariat of the Constitutional Council to workon the development of this core values. He does suggest the secretary-general and other key
staffs to develop this core values into real practice by using the conceptions to be implemented
and the action plans. Thus, it is a good opportunity for the secretary-general for working on
this proposed plan in research fellowship program at Center for Asian Legal Exchange (CALE)
of Nagoya University. The development of this core values shall be beneficial for the Constitutional Council in fulfilling its function, particularly for the general secretariat, which is an
important administrative body of this Council.
Moreover, the President of the Council is seeking way on how to strengthen the supremacy of
the Constitutional Council and to extend the jurisdiction of this Council in accordance with theconstitution and legal frame. He does believe that today Council’s jurisdiction has remainedlarger space to be extended in favor the rule of law in Cambodia. He has advised the secretary
general to learn more possible way by starting with the development of the aforesaid core values. The president of the Council also seeks for the further experiences from other similar
institutions of different countries on this context. He has two main concerns (i) How could theCouncil extend its jurisdiction? (ii) How could the Council be widely recognized among all
stakeholders?
From the aforementioned concerns, this research topic is good for this research fellowship. The
intention of the Constitutional Council of the Kingdom of Cambodia is to build ‘a Potential
Constitutional Council in Cambodian Legal System’ that stands on three main pillars (i) Ruleof Law (ii) Independence and (iii) Neutrality.

61.3 Research Objectives
In this research, we want to achieve the following 3 objectives:

Objectives

Objective 1: To explain the mission of the Council in promoting
the core values
Objective 2: To determine the conceptions to-be-implemented
for this core values

Objective 3: To develop conceptions to be implemented into
action plans(figure1)
1.4 Research Questions
Objective 1: To explain the mission of the Council in promoting the core values
1.1 What are the main reasons in establishing this core values?
1.2 What are main concepts of this core values?
Objective 2: To determine the conceptions to be implemented for this core values
2.1 What are the conceptions to be implemented with this core values?
2.2 What are the proposed ideas in in reaching those conceptions?
Objective 3: To develop the conceptions to be implemented into action plans
3.1 How could the Constitutional Council develop this core values?
3.2 What are expected results and challenges?
Beyond the above objectives and questions, I also have my personal objective, which is todevelop a scholarly understanding of the real situation of the Constitutional Council.

7

CHAPTER 2
LITERATURE REVIEW, CONCEPTUAL FRAMEWORK,RESEARCH METHODOLOGY
2.1 Literature Review of Concepts Definition
The core values were adopted by the Constitutional Council of Cambodia. This term is broadin their meaning and interpretation. Thus, there are some terms that need to be defined andunderstood in this context.
2.1.1 Core Values
There are many definitions of core values provided by different dictionaries. Among them, thecore values refer to the principle that guides an organization's internal conduct as well as its
relationship with the external world. The core values are usually summarized in the mission
statement or in a statement of the core values. There are many concepts for the core values
differ from each institution.
In another sense, the core values are the fundamental beliefs of a person or institution.
These guiding principles dictate behavior and can help people understand the difference between right and wrong. The core values also help one institution to determine if they are on theright path and fulfilling their goals by creating an unwavering guide. There are many different
examples of the core values in the world, depending upon the context.
As result, an institution might expressly share their core values; often the best way to identify
these core values is to watch how they perform. In this sense, the core values play an importantrole in making concept of right and wrong in way of performance of one institution. The concept of right and wrong shall base on the majority of that particular group in their own way of
performance. Thus, respect of one’s core values is quite important in the sense of respect forthe principle.
2.1.2 Rule of Law
Anthony Valcke, Senior Rule of Law Advisor, American Bar Association Rule of Law Initiative Solicitor (England & Wales), who wrote an article on the rule of law, briefly explains thatthe rule of law is a concept that describes the supreme authority of the law over governmental
action and individual behavior. It corresponds to a situation where both the government and8individuals are bound by the law and comply with it. It is the antithesis of tyrannical or arbitrary
rule. He provides that the phrase “rule of law” only entered common parlance in the nineteenth
century thanks to the writings of British constitutionalist Albert V. Dicey. The introduction ofAlbert V. Dicey is to study of the laws of the constitution (1885) provides the first major explanation of what the rule of law entails in a liberal democracy. According to Dicey, the ruleof law consisted of three inter-connected elements.

Firstly, the rule of law demands that no person should be subject to punishment except
for a breach of a pre-established law, and it is the ordinary courts that are the proper
venue for determining whether such a breach of law has occurred. The rule of law istherefore incompatible with the “exercise of wide, arbitrary or discretionary powers ofconstraint” by government officials. Secondly, under the rule of law everyone is equalin the eyes of the law. This implies that government officials should not enjoy special
immunities (save for the monarch) and should be held accountable for their actions
before the ordinary courts. Thirdly, at least in the United Kingdom where there is nocomprehensive written constitution, the rule of law flows from the judicial recognitionof individuals’ rights. This aspect of the rule of law consists in the array of legal safeguards that protect individuals from arbitrary action taken by government, with thecourts empowered to act as the custodians of those safeguards.4

To sum up, according to the aforesaid that quote, the rule of law consisted of 3 inter connected
elements as follows (i) the rule of law demands that no person should be subject to punishment
except for a breach of a law (ii) the rule of law everyone is equal in the eyes of the law and (iii)the rule of law flows from the judicial recognition of individuals’ rights.
Another scholar, Kate E. Bloch, Professor of Law, University of California Hastings Collegeof the Law, discussed in his work on Bridging Rule of Law Theory and Implementation: The
Role of Professional Ethical Integrity by raising that definitions of the term "rule of law" vary.
But a meaningful discussion involving rule of law must begin somewhere. To launch that discussion, we begin by highlighting the definition given by the United Nations:

4

Anthony Valcke, The Rule of Law: Its Origins and Meanings (A short guide for practitioners) (March, 2012),
available at SSRN, http://ssrn.com/abstract=2042336

9

For the United Nations, the rule of law refers to a principle of governance in which all
persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently
adjudicated, and which are consistent with international human rights norms andstandards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.5

2.1.3 Independence
The common definition of independence is freedom from the control or influence of others. On
another hand, Diego M. Papayannis, associate professor at the University of Girona, provided
that Independence, under the influence of positive state law, is usually associated with certain
institutional guarantees or safeguards that allow adjudicators to free themselves to some extent
from external pressures when making their decisions. Such safeguards include, among manyothers, the neutrality of the appointment procedure (i.e., an absence of political intervention),
the stability of the position, autonomy from other branches of government, a reasonable sphereof immunity, and the inviolability of their salary6.
2.1.4 Neutrality
Neutrality is a state of not taking side. There are different ideas on the definition of neutrality.
The first idea is a general principle of neutrality. On that principle, institution may not playfavorites; it must be impartial. It may not, for example, take resources or opportunities fromone person solely for the benefit of another. Nor may it make social outcomes depend entirelyon the exercise of political influence. The second idea refines this principle by distinguishing
between neutrality and partisanship. It does so by treating existing distributions of wealth, opportunities, preferences, and natural endowments as the baseline against which assessments ofneutrality and partisanship will be made. On this view, government decisions that disturb existing distributions raise the specter of constitutionally questionable partisanship. Decisions
that respect existing distributions are neutral and constitutionally unobjectionable. A close

5Kate E. Bloch, Bridging Rule of Law Theory and Implementation: The Role of Professional Ethical Integrity,
39 Hastings Int'l & Comp. L. Rev. 81 (2016)
6
Diego M. Papayannis, Independence, Impartiality and Neutrality in Legal Adjudication, 28 Revus: J. Const.
Theory & Phil. Law 33 (2016)10

examination of those distributions or of what may be the same thing, the context and historyof the practice in question is thought likely to produce impermissible partiality.
2.2 Conceptual Framework
This research will study how to promote the core values of the Constitutional Council by developing it into the pragmatism. The development of the concepts in the core values with afocus on three terms, which are rule of law, independence, and neutrality; shall be only donein the framework of the Constitutional Council’s jurisdiction. Thus, this research will go to anunderstanding how could this institution perform its function in order to respect the principles
of rule of law, to protect its independence, and to fulfill its duty as a neutral institution. This
work will conceptualize the action of (i) the Constitutional Council, and (ii) the general secretariat.
2.3 Research Methodology
This research study has chosen a qualitative approach due to the complex nature of the corevalues and its development. Thus, the data collections for this research shall be (i) primarydata collection, which was collected in form of in-depth- interviews. Those interviewees are
the members of the Constitutional Council and senior officials of the general secretariat, who
are potential in providing experiences to be beneficial for this research, and (ii) Secondary
data collection, which was collected from others documents related to core values, rule of law,
independence, and neutrality. Moreover, this secondary data was collected from the laws, thespeech of the president, the annual reports, and other concerned documents of the Constitutional Council.

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PART II
Research Findings
CHAPTER 1
THE MISSION OF THE CONSTITUTIONAL COUNCIL IN PROMOTINGTHE CORE VALUESThe overall objective of this chapter is to describe the main reasons of the Constitutional Council of the Kingdom of Cambodia in interesting to promote the core values and to explain themain concepts of these core values. Before going to see the main reason of this establishment,
one should have a quick look at different steps of development of the Constitutional Council
in brief as followed.
1.1 Introduction
The Constitutional Council of the Kingdom of Cambodia was established on 15 June 1998 andhas been functioning its roles in consistent with the Constitution and laws. Since the establishment of this institution, the Constitutional Council has been led by 4 presidents and 4 secretarygenerals. Those 4 presidents of the Council are(i) H.E. Mr. CHAN Sok7 from 1998 to 2001(ii) H.E. Mr. BIN Chhin8 from 2001 to 2007 (iii) H.E. Mr. EK Sam Ol9 from 2007 to 2016, and(iv) H.E. Mr. IM Chhun Lim10 from 2016 onwards until present day. The Constitutional Council under each president has different development.
1.1.1 The Presidentship of H.E. Mr. CHAN Sok
The Constitutional Council under the presidentship of H.E. CHAN Sok (1998-2001) was considered as the period of starting point for this institution.
Other 8 members of the Constitutional Council for the first 3 years tenure during that periodare (i) Samdach Chausen Cosal CHHUM (ii) H.E. BIN Chhin (iii) H.E. THOR Peng Leath (iv)7

H.E. CHAN Sok was passed away
H.E. BIN Chhin is currently Deputy Prime Minister in charge of Minister of the Council of Minister
9
H.E. EK Sam Ol is currently the Chairman of Khmer-Chinese Association
10
H.E. IM Chhun Lim was the former Senior Minister of Ministry of Land Management, Urban Planning andConstruction
812

H.E. SAY Borey (v) H.E. SON Sobert (vi) H.E. YANG Sem (vii) H.E. PRAK Sok, and (viii)
H.E. TOB Sam.
There were only 35 officials in 1998 and 40 staffs in 2001 working for the general secretariat11,
who were selected from different cards with no taking entrance examination. White Building12
of Chamcar Mon State Palace13 was given to the Constitutional Council for its headquarter. It
was an old building by that time, which was needed to be renovated. The foundation of legal
instruments such as law on the organization and the functioning of the Constitutional Council,
internal rule of procedure, and other important legal documents were established during thisperiod. The Kingdom of Cambodia became the member of ACCPUF14 in 1998. In short, theConstitutional Council in that period of time was in the state of preparation.


The General Secretariat: led by H.E. Mr. PIT Taingsan, the secretary-general, and

H.E. Mr. MENG Kimly, deputy secretary-general.

1.1.2 The Presidentship of H.E. Mr. BIN Chhin
The Constitutional Council under presidentship of H.E. BIN Chhin from 2001 to 2004 for second 3 years tenure, and from 2004 to 2007 for third 3 years tenure.
Other 8 Members of the Council for second 3 years tenure are (i) Samdach Chausen Cosal
CHHUM (ii) H.E. CHAN Sok (iii) H.E. THOR Peng Leath (iv) H.E. SAY Borey (v) H.E. SON
Sobert (vi) H.E. YANG Sem (vii) H.E. PRAK Sok, and (viii) H.E. TOB Sam.
Other 8 Members of the Council for third 3 years tenure are (i) Samdach Chausen Cosal
CHHUM (ii) H.E. SON Sobert (iii) H.E. PRAK Sok (iv) H.E. TOB Sam (v) H.E. PEN Thol(vi) H.E. Mrs. SUM Nipha (vii) H.E. CHHOUR Leanghout, and (viii) H.E. PRUM Nheanvichet.

11

Number provided by Department of Personnel and Human Resource Development of the Secretariat Generalof the Constitutional Council.
12
Before 1970, it was reserved for the Queen Norodom Monineath Sihanouk, Royal Consort of His Majesty theKing Norodom Sihanouk.
13
It was the former Royal Residence of King Norodom Sihanouk before 1970.
14
ACCPUF: Association des Cours Constitutionnelles ayant en Partage l’Usage du Français. It is currently
changed the name to Association des Cours Constitutionelles Francophones (ACCF)

13

There are 65 officials in 2007 working in the secretariat general of the Constitutional Council.
There were 2 national entrance examinations for recruiting the new officials. In 2005, there
were 4 officials recruited for the bureau of legal affairs and other 2 officials recruited for thebureau of foreign language translation. In 2006, there were 4 officials recruited, in second national examination, for the bureau of IT.


The General Secretariat: led by H.E. Mr. PIT Taingsan, the secretary-general, and

H.E. Mr. MENG Kimly, deputy secretary-general.

1.1.3 The Presidentship of H.E. Mr. EK Sam Ol
The Constitutional Council under presidentship of H.E. EK Sam Ol from 2007 to 2010 for
fourth 3 years tenure, from 2010 to 2013 for fifth 3 years tenure, and from 2013 to 2016 forsixth 3 years tenure.
Other 8 Members of the Council for fourth 3 years tenure are (i) SON Sobert (ii) H.E. PRAK
Sok (iii) H.E. TOB Sam (iv) H.E. PEN Thol (v) H.E. Ms SUM Nipha (vi) H.E. CHHOUR
Leanghout (vii) H.E. PROM Nheanvichet, and (viii) H.H. prince SISOWATH Phandaravong.
Other 8 Members of the Council for fifth 3 years tenure are (i) H.E. Mrs SUM Nipha (ii) H.E.
PEN Thol (iii) H.E. CHHOUR Leanghout (iv) H.E. PRUM Nheanvichet (v) H.H. prince SISOWATH Phandaravong (vi) H.R.H. Samdach NORODOM Sirivudh (vii) H.E. MIN Sean, and(viii) H.E. Mrs CHEM Veyrith.
Other 8 Members of the Council for sixth 3 years tenure are (i) H.E. PRUM Nheanvichet (ii)
H.H. prince SISOWATH Phandaravong (iii) H.R.H. Samdach NORODOM Sirivudh (iv) H.E.
MIN Sean (v) H.E. Mrs CHEM Veyrith (vi) H.R.H. Samdach NORODOM Chakrapong (vii)
H.E. PIT Taingsan, and (viii) H.E. UTH Chhorn.
Moreover, there were 11 officials recruited in 2009 for working in bureau of foreign languagetranslation and the bureau of finance.

14



The General Secretariat: led by H.E. Mr. PIT Taingsan, the secretary-general (until2009) and H.E. Mr. MENG Kimly, deputy secretary-general (until 2013). H.E. Mr. CHAN
Rasy became the secretary-general in 2009, and H.E. Mr. CHAN Sovannareth became deputy
secretary-general in 2013.

1.1.4 The Presidentship of H.E. Mr. IM Chhun Lim
The Constitutional Council under presidentship of H.E. IM Chhun Lim from 2016 to 2019 forseventh 3 years tenure, and from 2019 to 2022 for eighth 3 years tenure.
Other 8 Members of the Council for seventh 3 years tenure are (i) H.R.H. Samdach NORODOM Sirivudh (ii) H.E. MIN Sean (iii) H.E. Mrs CHEM Veyrith (iv) H.R.H. Samdach
NORODOM Chakrapong (v) H.E. PIT Taingsan (vi) H.E. UTH Chhorn (vii) H.R.H. Samdach
NORODOM Bophadevi, and (viii) H.E. SAM Promnea.
During seventh 3 years tenure, there were one member deceased and one member resigned,
hence H.E IM Soursdey took office on May 25,2017 in replacement of H.E Mr. PIT TAINGSAN (Deceased) H.E HY Sophea took office on July 03, 2017 in replacement of H.E Mrs.
CHEM Veyrith (Resigned).
Other 8 Members of the Council for eighth 3 years tenure are (i) H.E. UTH Chhorn (ii) H.R.H.
Samdach NORODOM Chakrapong (iii) H.R.H. Samdach NORODOM Bophadevi (iv) H.E IM
Soursdey (v) H.E. SAM Promnea (vi) H.E HY Sophea (vii) H.E. Mrs LY Vouchleng , and(viii) H.E. KEO Puth Reasmey.
During eighth 3 years tenure, there was one member deceased, hence H.R.H. Samdach SISOWATH Pongneary Monipong took office on December 19, 2019 in replacement of H.R.H.
Samdach NORODOM Bophadevi (Deceased).


The General Secretariat: led by H.E. Mr. MENG Kimly, the secretary-general (until

December 2017) accompanied by two deputy secretaries-general, H.E. Mr. CHAN Sovannareth and H.E. Mr. PROM Vichet Akara. H.E. Mr. TAING Ratana became the secretarygeneral in December 2017 onwards.

15

1.2 The Reason Beyond the Creation of The Core Values
The president of the Constitutional Council of seventh 3 years tenure, H.E. Mr. IM Chhun Lim
came to office in June 2016. He is among Cambodian prominent dignitaries, who has committed and hard worked in promoting national interest and institutional developments. In this term,
he interests to develop the Constitutional Council in the forms of (i) institutional development,and (ii) human resource development. Other interesting achievements of him could be foundduring his working in the royal government.
In May 2017, he established a cabinet of the president of the Council in aiming at assembles
competent and knowledgeable persons to work in his office. This creation is considered thefirst time since the establishment of the Constitutional Council in 1998. By that time there were
12 compositions in the cabinet.
In early of June 2017, the president called his cabinet for a meeting, before organizing the eventof 19th anniversary of the Constitutional Council, which will be held on 15 June 2017. During
this meeting, the President said:
We are very grateful to the previous 3 presidents of the Council, who had committed in promoting our institution. They all had produced different legacies intheir mandate. But, there are a lot of works remained for us to accomplish today
and onwards. Thus, I myself think that it is very crucial for us to do bigger development in our institution, but at first, we need to create our vision in which iscalled the core values, since I have noticed it has yet established since the Constitutional Council entered into function […] According to the real practice of
our Council, we fulfills our function in consistent with the constitution and laws,
hence I could not find any core values better than 3 terms, which are (i) Rule ofLaw (ii) Independence, and (iii) Neutrality. These 3 terms characterize our institution as an independent institution, which is invested the power to guarantee therespect for the constitution. Thus, I would like to propose a core values for theConstitutional Council as followed: Respect Rule of Law, Protect Independence,and Fulfill Neutrality. I will put these core values in the session of the16Constitutional Council during the 19th anniversary for getting more point of view
from other 8 members of the Council [...]15
These aforementioned core values were put for discussion during 19th anniversary of the Constitutional Council held on 15 June 2017. Thus, this 19th anniversary of the Constitutional
Council was considered as another big step for the Council in paving the way to develop theConstitutional Council. After sharing point of view on these aforementioned core values, allother 8 members of the Council expressed their strong supporting for this initiative of the President, hence the Constitutional Council adopted these core values officially on that day.
The President of the Council provided 3 main reasons to the Constitutional Council for supporting this establishment. Those reasons are:(i)

These core values shall be used for promoting supremacy of the Constitutional
Council.

(ii)

These core values shall be considered as the spirit of institution and it shall bebound with all the activities of the Constitutional Council.

(iii) These core values shall be used as long-term vision for the Constitutional Council,
and for the general secretariat.
In November 2017, the President of the Constitutional Council, accompanied by H.E. Mr.
MENG Kimly, the secretary-general; and H.E. Mr. TAING Ratana, director of cabinet of the
President; participated in the 20th anniversary of ACCPUF held at the head quarter of the Constitutional Council, Paris of France. During this mission, the President of the Council advised
the director of cabinet to take one-day mission to visit the general secretariat of French Constitutional Council. This time of visiting, the director of cabinet, visited 2 services (i) Law serviceand (ii) Research service. The main goals of the president were to seek more experiences fromthe Constitutional Council of France. In Paris, the President told his director of cabinet:
It is a right time for the Constitutional Council of Cambodia to promote our supremacy by learning experiences from other councils and courts. We alreadyadopted core values in June 2017, hence what we have to do next is to developthese core values into action plans. I do believe that this development of the core

15

Personal note of the author, who was then the Director of Cabinet of the President of the Council

17

values will be in favor for our Constitutional Council in promoting our supremacy and jurisdiction […]16
After this aforesaid mission to Paris, the President of the Council provided the conceptions to
be implemented in order to widen the ideas for the general secretariat to work on the development of these core values.

CHAPTER 2
THE CONSTITUTIONAL COUNCIL IN DETERMINING
THE CONCEPTIONS TO BE IMPLEMENTED
The overall objective of this chapter is to describe the conceptions to be implemented for thecore values, which comes with 2 main points (i) What are the conceptions to be implemented
with these core values (ii) What are the proposed ideas in reaching those conceptions. According to the guidance from the President of the Constitutional Council, there are 3 main conceptions to be implemented within these core values. Those conceptions to be implemented shallbe used as the roadmap for building other action plans. Understanding well of these conceptions shall be very crucial for all members of the Council and also the officials, who are working at the general secretariat of the Constitutional Council.
2.1 CONCEPTION 1: To Promote Perfectionism in Fulfillment of the Constitutional Council’s mandate
Like other Constitutional Councils and Constitutional Courts of various countries, the Constitutional Council of the Kingdom of Cambodia has challenged with what is called ‘perfection’.
Even though, we know that, by philosophy, nothing is perfect in its fulfillment; but better commitment with good will to reach perfection must be very crucial for each concerned actors.
Based on this concept, the Constitutional Council of the kingdom of Cambodia has strong
commitment to promote the perfectionism in its fulfillment of its mandate. Thus, this conception shall come with 3 main ideas: (i) to promote quality of investigation in cases concerning
electoral litigations (ii) to promote quality of decision making, and (iii) to promote the capacity
building of officials.

16

From personal note of author

18

To Promote perfectionism

Idea 1: To promote quality of investigation in cases
concerning electoral litigations

Idea 2: To promote quality of decision making

Idea 3: To promote the capacity building of officials(Figure 2)

2.2 CONCEPTION 2: To Strengthen Trust and Confidence in Public
The strengthening of trust and confidence are among central points for promoting the jurisdiction of the Constitutional Council of the Kingdom of Cambodia. They help to increase theinvestment of trust from all the stakeholders concerning to the cases coming to the Constitutional Council. Thus, this conception shall come with other 2 main ideas (i) to strengthen the

To Strengthen Trust andConfidence in Public

independence of the Council (ii) to strengthen neutrality in functioning mandates.

Idea 1: To strengthen the independence of
the Council
Idea 2: To strengthen neutrality infunctioning mandates.

(Figure 3)

19

2.3 CONCEPTION 3: To Generate the Principles of Constitutionalism and Constitutionalization into Public AwarenessThe awareness of constitutionalism is important knowledge for promoting the rule of law inCambodia that is walking on the path of democracy. The spiritual motivation for Cambodian
citizen can be found in the 1993 Cambodian constitution. This constitution was established by
the common will of all Cambodian parties. Thus, those constitutional motivations shall beaware by Cambodian citizen in today time and in the future time. The Constitutional Council,
the core organ in promoting this awareness, is seeking all possible ways to promote the understanding of the constitutional concepts via means of constitutionalization. Thus, this conception
shall come with 2 main ideas (i) to generate those principles into publication, and (ii) to gen-

To Generate the Principles ofConstitutionalism andConstitutionalization into Public
Awareness

erate those principles into the youths’ awareness.

Idea 1: To generate those principles into publication

Idea2: To generate those principles into the youths’
awareness(Figure 4)

CHAPTER 3
THE CONSTITUTIONAL COUNCIL IN DEVELOPING
THE CONCEPTIONS TO BE IMPLEMENTED
The overall objective of this chapter is to seeking way on how to develop conceptions to be
implemented by making it into clear action plans. Thus, it shall come with 2 main issues (i)How could the Constitutional Council develop these core values, and (ii) What are expected
results and challenges. This chapter is the central part of this research as the author need todevelop aforesaid core values and conceptions to be implemented. It could be a proposed actionplans for the Council in considering for soon future institutional development.
20 Structure for Developing those Conceptions:Concept

Idea

Action• There are 3 main concepts to be implemented• There are 7 ideas to be developed• There are various action plans to be accomplised

 Understanding of Terms:
Idea and Concept17 are two words that are often confused due to the appearing similarity in their
meanings, even though there is a difference between the two words. When paying attention to thedefinitions of each term, one can comprehend the differences that exist between the two terms. An
idea refers to a plan formed by mental effort. On the other hand, concept refers to a procedure. Thisis the main difference between idea and concept.
An Action Plan or Action Programme18 is a detailed plan with specified actions that are neededto achieve a goal. An Action Plan can also consist of a series of steps that must be taken to successfully complete a certain strategy. Furthermore, an action programme determines which resources
are required to achieve the (SMART) goal and how and when these must be used. That means thatan Action Plan leads to a more concrete vision or objective for an organization. The advantage isthat the various parties working on a strategy are on the same page. An Action Plan is an expansionof the well-known ‘to-do list’. It is generally acknowledged that these lists can be useful; many

1718

https://www.differencebetween.com/difference-between-idea-and-vs-concept/
https://www.toolshero.com/personal-development/action-plan/21

people use them in their daily lives. However, the disadvantage of such lists consisting entirely oftasks is that these are often considered to be overwhelming when a person, such as a project manager, bears multiple responsibilities. An Action Plan is a stronger version of such a to-do list, which
includes objectives for the short, medium and long term. This makes it easier to delegate certain
tasks and helps to save time. Additionally, an action programme encourages prioritizing and focusing on the important matters. This too can help to save valuable time, which increases the effectiveness and productivity of a company or individual employee. What was previously experienced
as overwhelming now becomes insightful and controlled.
According this this aforementioned definition, action plan shall come with various steps as followed:

Step 1

Step 2

Step 3

Step4

Step 5
Step 6
Step7• Define what we want to achieve• Gather, analyse and organise data
• Shorten the list
• Organise and prioritize• Define who will do what, with wich means and what
• Carry out the action plan
• Monitor and evaluate

223.1 Developing the Conception 1

Conception
1

To promote Perfectonism in Fulfillment of theConstitutional Council's mandates

The Conception 1 is about to promote perfectionism in fulfillment of the Constitutional Council’s
mandate as prescribed in chapter 2 that come with 3 main ideas: (i) to promote quality of investigation in cases concerning electoral litigations (ii) to promote quality of decision making, and(iii) to promote the capacity building of officials.

3.1.1 Developing idea 1 into action plan

Idea 1

To promote quality of investigation in cases
concerning electoral litigation

The idea 1 for conception 1 is about to promote quality of investigation in cases concerning
electoral litigations. The Constitutional Council is invested the jurisdiction to rule on the electoral litigation concerning the election of the members of the national assembly and the electionof the senators. The electoral litigations occurred for these two elections shall be solved at the
National Election Committee (NEC)’s level and at the Constitutional Council level, which isfinal step. Thus, the Constitutional Council shall play very important role in providing justicefor all concerned political parties in electoral litigation. It rules on the cases in consistent withthe constitution and existing laws. Like the court procedure, in this case, the Constitutional
Council shall play role as jurisdictional council, which will use court’s procedure 19 . The.

19

Find more information in Taing Ratana, ‘Constitutional Council: Election, structure, procedure, and competencies’, in Hor Peng, Kong Phallack and Jörg Menzel (eds.), Cambodian Constitutional Law, (Phnom Penh: Konrad-23

following part is concerning the developed idea 1 on how to promote quality of investigationin cases concerning the electoral litigations. Ruling process shall come with 3 main steps (i)pre-trial process (ii) trial process, and (iii) post-trial process. Idea 1 intends to focus on the
improvement of pre-trial process concerning the quality of investigation. In order to develop
this idea, one should briefly understand the pre-trial process as prescribed bellow:
Pre-Trial Process: After receiving a complaint, the chief of the Bureau of Legal Affairs andLitigation shall notify the President of the Council through the director of the Department andthe Secretary-General. The President of the Council shall appoint one of the Council’s Members to be the Rapporteur. This Rapporteur, with assistance from the expert officials, shallcollect all the important data concerned to the case. The investigation can be also done by groupof expert officials under supervision from the Rapporteur. They can come to investigate at thesite of the conflict in order to collect all data and information. This process shall be done within
the time frame provided by law. Besides the investigation, the Rapporteur can also invite theparties to the case or others concerned person for inquiry. In practice, the inquiry session shallbe made separately between the plaintiff and defendant. This session shall be chaired by the
Rapporteur and other 2 members of the Council who are in the same group with the Rapporteur,assisted by at least 2 expert officials. A minute shall be conducted and shall be thump sealedby the plaintiff or by the defendant. After getting full data, the Rapporteur shall conduct areport and submit it to the Group Session, which composes of 3 members before the submission
to Preliminary Trial of the Council. The Preliminary Trial is made for the internal discussion
on the Report made by the Rapporteur.
Pre-trial process normally comes with various steps and it shall paly very crucial part for the
making decision of the Constitutional Council. Thus, to promote the quality of investigation,
there are action plans as followed:

Adenauer-Stiftung, 2016) 189–218.

24

Action1
Action2
Action3
Action4
Action5
Action6
Action7• Study seriously the litigation by understanding its (i) problems and(ii) Issues• Gather and organise data concerning to the litigation• Shorten the list of problems and issues in this litigation• Organise tools and teams to do investigation• Carry out investigation at both (i) inquiry or (ii) observation• Analyse the data collected from inquiry or observation• Apply holdings for drafting a report

Note: In practice, the Constitutional Council has challenged with time limited. Case concerning to (i) Appeal contesting the decision of N.E.C., which shall be made by parties during 5days or 72 hours depending on each case. In this case, the Constitutional Council has 10 days
for ruling on it. (ii) Direct complaints to the Constitutional Council contesting the provisional
results of the elections proclaimed by N.E.C., which shall be made within 72 hours by individual or concerned political parties. In this case, the Constitutional Council has 10 to 20 days forworking on it. This remained big challenge for the Constitutional Council in promoting its
quality of investigation due to this aforementioned time constraint.
3.1.2 Developing Idea 2 into Action Plan

Idea 2

To promote quality of decision making

25

The judgment of the Constitutional Council shall be made in form of ‘Sechkdei Samrach’,
which is ‘Decision’. The decision of the Constitutional Council, since 1998, has kept its norm
for writing. In real practice, the Constitutional Council has strictly followed the rules and normin decision-making process that provided by the constitution and laws. Thus, there is no any
criticism on its procedure. The Constitutional Council has fully been aware that its decision
shall be final without recourse; hence the Council has been strictly concerning even a smallterm in writing its decision.
The Constitutional Council of Cambodia adopted French style in writing its decision, so its
decision generally looked not very long as what has been found in German style of writing.
Relating to this concerned issue, there is a debate on ‘Short writing’ and ‘Long writing’ ofdecision. Practically, the decision of the Constitutional Council is made within 3 main parts(i) Visa, which is part refers constitution, laws concerning the Constitutional Council, laws
concerning to the cases/complaints submitted, and cases/ complaints submitted to the Council(ii) Motive, which is a part that collects all legal opinions leading to holding the issues foundin cases/complaints submitted, and (iii) Disposition, which is a part that decides on cases/complaints submitted. Generally, this part comes with 2 Articles for cases concerning the interpretation or examination of the Constitutionality of law. While complaints concerning electoral
litigation, this part shall come with 3 Articles. Thus, to promote the quality of decision making,there are action plans as followed:

26

Action1
Action2
Action3
Action4
Action5
Action6• Gather the information concerning issues• Shorten the list of problems and issues in this questions• Organise idea for decision drafting• Carry out holding• Provide clear and detail reasonings• Come with policy or jurisprudence

3.1.3 Developing Idea 3 into Action Plan

Idea 3

To promote capacity building for officials

To build the official’s capacity first, then one institution is strengthened. This is the philosophyof H.E. Mr. IM Chhun Lim, the president of the Council. Thus, capacity building for officials
who are working in the general secretariat of the Constitutional Council is quite crucial inpromoting the supremacy of this institution. According to the structure of 2020, the generalsecretariat of the Constitutional Council composes of two general departments and one center
for legal research, which are (i) general department of administration and finance (ii) general
department of legal and technical services, and (iii) center of legal research. There are 88 officials in total in the cace of the general secretariat of the Constitutional Council20. In order to20

Number provided by Department of Personnel and Human Resource Development

27

promote the capacity building for the officials of the general secretariat, some actions should
be carried out as followed:

Action1
Action2
Action3
Action4
Action5
Action6• Define the job decription for all officials• Idenfify the qualification of each official• Map group of those qualifications• Allocate those officials into right positions and responsibilities• Provide all possible forms of capacity building• Motivation provided

3.2 Developing the Conception 2

Conception
2

To Strenghten Trust and Confidence in Public

The Conception 2 is about to strengthen trust and confidence in public as prescribed in chapter 2that come with 2 main ideas: (i) to strengthen the independence of the Council (ii) to strengthen
neutrality in functioning mandates.

28

3.2.1 Developing Idea 4 into Action Plan

Idea 4

To Strengthen independence of the Council

Strengthening independence of the Constitutional Council is core principle for this Council, whichis in line with the provisions stated in the constitution and law on the organization and the functioning of the Constitutional Council. The Constitutional Council is committing to fulfill its functions in consistent with this principle. Thus, to strengthen independence of the Council, there areaction plans as followed:

Action1
Action2
Action3

Action4• Adhere the constitution and existing laws
• Follow tranperent process• Conduct fair process for fullfiling its mendates• Enforce rules of procedure and other internal rules• Conduct fair and expeditious system for investigation of requests
or complaints.
Action5
Action6• Fullfil its function impartially and transparently as stated in theconstitution and concered laws29

3.2.2 Developing Idea 5 into Action Plan

Idea 5

To Strengthen neutrality in functioning
mandatesStrengthening neutrality in functioning the Council’s mandates is core principle for this Council,
which is in line with the provisions stated in the constitution and law on the organization and thefunctioning of the Constitutional Council. The Constitutional Council is committing to fulfill its
functions in consistent with this principle. Thus, to strengthen neutrality of the Council, there areaction plans as followed:• Enjoy confidence for all
Action 1• No taking part in hostilities.
Action 2

Action 3• No engaging in controversies of a political, racial, religious, or
ideological nature.

30

3.3 Developing the Conception 3

Conception
3

To Generate the Principles of Constitutionalism
and Constitutionalisation into public Awareness

The Conception 3 is about to generate the principles of Constitutionalism and Constitutionalisaton
into public awareness as prescribed in chapter 2 that come with 2 main ideas: (i) to generate thoseprinciples into publication, and (ii) to generate those principles into the youth’s awareness.
3.3.1 Developing idea 6 into action plan

Idea 6

To Generate those principles into publication

Generating the principles of the constitutionalism into the society is very crucial for the mission
to promote the constitutionalism in Cambodia. The Constitutional Council is a core institution
in fulfilling this mission. The following actions that the Council should do promotion in orderto generate those principles into publication:31• Publish the constitution for free distribution
Action 1

Action 2• Promote the research activities concerning constitutionalism
topic

Action 3• Generate the core principles in Cambodian constitution into
publication and research topics

Action4• Cooperate with educational institutions in promoting researchand publication

3.3.2 Developing Idea 7 into Action Plan

Idea 7

To generate those principles into the youth's
awareness

Youth’s awareness of constitutional principles is important for promoting the constitutionalism
in Cambodia. Thus, generating those principles into the youth’s awareness is crucial for today
Cambodian society. In order to do so, the Constitutional Council should take actions as follow:

32

Action 1

Action 2

Action 3

• Generate constitutional priciples into national curiculum at
all levels of education• Promote youth's activities concerning the constitutional
principles• Motivate social networking of the youths in generating theconstitutional principles.

Some Possible Challenges for Fulfilling Action PlansThose aforesaid developments of the conceptions, during its implementation of action plans,
may meet some challenges such as (i) resources (both institutional and human resource) and(ii) timing (some core values need long time to be promoted).
The core values is noted with some characteristics:
1- Short but Long: core values normally come with few words or sentences, but it needlong time to be understood and accomplished.
2- Easy but Complicated: core values at first sight looks very easy in its creating, but itin fact could be very complicated in term of its implementation.
3- Simple but Noble: Key words or sentences of core values seem very simple, but it isnoble in term of its value.
In short, the core values shall show dignity, integrity, and sovereignty of the Constitutional
Council of the Kingdom of Cambodia.

33

CONCLUSION
The core values of the Constitutional Council of the Kingdom of Cambodia shall play very
crucial roles in showing the first image of this Council’s performance. It shows the commitment and responsibility of the Council at first hand and also shall be the policy of this Council
on anther hand. Thus, the Constitutional Council could decide what should do or what should
not do by looking at what are set in their conceptual framework, which closely related to thecreation of this aforesaid core values. The core values are also a symbol of unity and consistency of the Council’s action.
The Constitutional Council of the Kingdom of Cambodia has committed to fulfill its functionsin accordance with the constitution and laws. The core values formed for this Council shall bevery crucial principles in showing the public about its respective mission. The respect for thiscore values and making its result happened are considered as important means to promote thetrust and confidence among society.
The general secretariat of the Constitutional Council, which is an administrative body of thissupreme institution, will also take crucial parts in supporting the Constitutional Council to develop this core values into a real pragmatism. Thus, this development of the core values will
become a tool in promoting the Council to fulfill its mandates in consistent with the constitution
and existing laws.
In short, the Constitutional Council of the Kingdom of Cambodia, under present leadership ofH.E. Mr. IM Chhun Lim, current president of the Council; will move upwards to next notablestep of strengthening its supremacy. This development of the core values of the Council will
pave the way for this Council in looking at possible way to extend the Council’s jurisdiction insoon future, which is believed an effective means to promote the constitutionalism in Cambodia.

REFERENCES- Anthony Valcke, The Rule of Law: Its Origins and Meanings (A short guide for practitioners) (March, 2012), available at SSRN, http://ssrn.com/abstract=2042336
34

- Constitution of Cambodia (CC’s publication, 2016)- Diego M. Papayannis, Independence, Impartiality and Neutrality in Legal Adjudication, 28
Revus: J. Const. Theory & Phil. Law 33 (2016)- H.E. Mr. Im Chhun Lim’s speech on 15 June 2017 at 19th Anniversary of the Constitutional
Council- https://www.differencebetween.com/difference-between-idea-and-vs-concept/- https://www.toolshero.com/personal-development/action-plan/- Kate E. Bloch, Bridging Rule of Law Theory and Implementation: The Role of Professional Ethical Integrity, 39 Hastings Int'l & Comp. L. Rev. 81 (2016)- Law on the Organization and the Functioning of the Constitutional Council (CC’s publication, 1998)- Law on the Amendment of the Law on the Organization and the Functioning of the Constitutional Council (CC’s publication, 2007)- Rules of Procedure of the Constitutional Council (CC’s publication, 1998)- Taing Ratana, The Influence of the Constitutional Law on the Administrative Law,

(KAS’s publication: The Development of Cambodian Administrative Law, 2014)35

TAING Ratana
Taing Ratana is currently the Secretary General of the Constitutional
Council of Cambodia. He has worked for the Constitutional Council fornearly 17 years. Since 2005 he was promoted to various positions: Directorof Cabinet of the President of the Constitutional Council (July-December2017), Advisor to the President in (February-July) 2017, Legal officer of
Bureau of Litigation (2005-2009), Deputy Chief of Legal Affairs (2009),
and Chief of Bureau III (2009-2014). In 2014, he was appointed to be Under
Secretary General of the National Committee for Organizing National andInternational Festival (NCONIF); Legal advisor to the Theravada Buddhist
Order of the Kingdom of Cambodia; Professor of Law, Paññāsāstra
University of Cambodia (PUC). He is also an alumnus of International
Visitor Leadership Program (IVLP), the U.S State Department, ofIntellectual Property Rights for Least Developed Countries (LDCs), WIPOSida; and a member of Konrad Adenauer Stiftung (KAS) Research Groupon Constitutionalism in Asia. Ratana is an author of various articles
concerning the constitutional law in both English and Cambodian
Language, and he is also a panelist/ speaker/ moderator of numerous
international conferences and international symposiums. He is a holder ofvarious degrees: Executive Master of Advanced Studies in Development
Studies from the Graduate Institute of International and Development
Studies (IHEID), Geneva, Switzerland; LL.B and LL.M from Royal
University of Law and Economics, Phnom Penh, Cambodia; B-Ed from
Build Bright University (BBU); and DDS from University of Health Sciences(UHS), Phnom Penh.
He was an invited CALE Foreign Visiting Research Fellow from January
to February 2020. Today, Ratana is studying his LL.D (Comparative Law)
Program in Law and Political Sciences, Transnational Doctoral Programsfor Leading Professionals in Asian Countries, for academic year 2021-2023, atNagoya University, JAPAN.

C A LE D iscussion Pa p e r No . 2 1
THE CONSTITUTIONAL COUNCIL OF THE KINGDOM OF CAMBODIAIN PROMOTING ITS CORE VALUES: RESPECT RULE OF LAW,PROTECT INDEPENDENCE, FULFILL NEUTRALITY
AuthorTAING Ratana

Published byCenter for Asian Legal Exchange (CALE)
Nagoya University464-8601 Furo-cho, Chikusa-ku, Nagoya, JAPAN
Tel: +81 (0)52-789-2325
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Issue dateFebruary, 2022

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