Bahrain's Constitutional Journey: A Nation's Legal Framework

Bahrain has had two constitutions in its modern history. The first was promulgated in 1973, shortly after Bahrain gained independence from Britain in 1971. The second was enacted in 2002, after the death of the Amir Shaikh Isa bin Salman Al Khalifa in 1999, when his son Shaikh Hamad bin Isa Al Khalifa ascended the throne.

Bahrain's 1973 Constitution

Bahrain has had two constitutions in its modern history. The first, Bahrain's 1973 Constitution, was written shortly after the country gained independence from Britain in 1971. In 1972, the then-ruler Shaikh Isa bin Salman Al Khalifa issued a decree calling for the election of a Constituent Assembly to draft and ratify a constitution. The Constituent Assembly consisted of 22 elected delegates, 12 members of the Council of Ministers, and eight members directly appointed by Shaikh Isa.

The 1973 Constitution provided for a unicameral legislature, the National Assembly, consisting of 44 members. Thirty of these were to be elected by "universal suffrage", though in practice, only male native-born citizens over the age of 20 could vote. The remaining 14 members were government ministers appointed by the ruler. The constitution was enacted by decree in December 1973.

The 1973 Bahraini general election was the only election held under the 1973 Constitution. In 1975, Shaikh Isa abrogated the constitution and disbanded the National Assembly when it attempted to end the rule of the Al Khalifa family. The country was then governed under emergency laws from 1975 until 2002, when a new constitution was promulgated.

The 1973 Constitution established Bahrain as an independent and fully sovereign Arab Islamic State, with Islam as the state religion and Islamic Sharia as the main source of legislation. It affirmed the democratic system of government, with sovereignty lying with the people. The constitution guaranteed certain rights and freedoms, including freedom of conscience, speech, assembly, and the press, and established a system of separation of powers between the legislative, executive, and judicial branches of government.

The 1973 Constitution also outlined the roles and responsibilities of the Amir (ruler), the National Assembly, the Cabinet, and the ministers. It specified the processes for lawmaking, including the initiation, passage, and promulgation of laws, and established the Supreme Civil Court of Appeal as the competent authority to deal with election disputes. Additionally, it addressed various economic, social, and cultural issues, such as property rights, labour rights, education, and healthcare.

Bahrain's 2002 Constitution

Bahrain has had two constitutions in its modern history. The first was established in 1973, and the second in 2002. The 2002 Constitution of the Kingdom of Bahrain was promulgated by Shaikh Hamad bin Isa Al Khalifa, who had become ruler in 1999 following the death of his father, Shaikh Isa bin Salman Al Khalifa.

The 2002 Constitution recognises the country's Islamic faith, placing Islamic Shariah law as its principal source for legislation. It also affirms the goal of advancing the interests of the larger Islamic community and guaranteeing freedom of religion, expression, and the press. The Constitution creates a government with powers divided among the King, the Prime Minister, the Council of Ministers, a bicameral National Assembly, and a Constitutional Court.

The 2002 Constitution was promulgated without any public consultation and gave both the elected and royally-appointed chambers of parliament equal legislative powers. This went back on a previous promise made by Shaikh Hamad, which stated that only the elected lower house of parliament would have legislative power. As a result, the parliamentary elections that same year were boycotted by four political societies.

The National Assembly is bicameral, consisting of the lower house, the Chamber of Deputies, and the upper house, the Shura Council. The Chamber of Deputies has 40 members elected in single-seat constituencies by universal suffrage for a four-year term. The Shura Council has 40 members appointed by the King of Bahrain.

The 2002 Constitution also outlines the system of government, with legislative, executive, and judicial authorities maintaining cooperation while being independent of each other. It further establishes Bahrain as a democratic, sovereign, independent Islamic Arab State, with sovereignty vested in the people as the source of all powers.

The National Assembly

Bahrain has had two constitutions in its modern history. The first was promulgated in 1973, and the second in 2002. The National Assembly is the legislative body of Bahrain, and it is bicameral.

The 2002 Constitution of Bahrain created a lower house, the Council of Representatives, and an upper house, the Consultative Council. The Council of Representatives consists of forty members elected by universal suffrage for four-year terms from single-member constituencies. The Consultative Council is composed of forty royally appointed members who serve four-year terms and can be reappointed.

The joint session of the National Assembly is chaired by the Speaker of the Council of Representatives or, in their absence, by the Speaker of the Consultative Council. All legislation must be passed by a majority in both the Council of Representatives and the Consultative Council and must be ratified by the King.

The King's Powers

Bahrain has had two constitutions in its modern history. The first was promulgated in 1973, and the second in 2002. Here is a detailed overview of the King's powers as outlined in the 2002 Constitution:

The 2002 Constitution of Bahrain establishes a constitutional monarchy, with the King as Head of State. The King maintains broad powers and is responsible for upholding the Constitution and Bahrain's sovereignty. The King has the power to appoint and dismiss the Prime Minister, Ministers, judges, civil and military officials, ambassadors, and the Consultative Council. He acts as the Commander-in-Chief of the Armed Forces and has legislative powers, including the ability to ratify constitutional amendments, propose legislation, and veto laws. The King's veto can only be overridden by a majority vote of the legislature.

The King is also empowered to declare war and a state of emergency and to conclude treaties. He is assisted by a Council of Ministers, chaired by the Prime Minister, who is appointed by the King. The Ministers are appointed based on the Prime Minister's advice, and the Council is responsible for supervising government agencies and implementing national policies. The removal of Ministers and the Prime Minister is conducted by the King, and if the Prime Minister is removed or resigns, the entire Council is considered resigned.

The King's legislative authority is shared with the National Assembly, which consists of two chambers: the Chamber of Deputies and the Shura Council. The Chamber of Deputies has 40 members elected by universal suffrage for four-year terms, while the Shura Council comprises 40 members appointed by the King. All legislation must be passed by a majority in both chambers and ratified by the King.

The King also plays a role in the judiciary, as he chairs the Supreme Judicial Council, which appoints the members of the Constitutional Court. Additionally, the King has the authority to grant pardons and award honours and decorations.

The Judiciary

The Civil Law Courts have jurisdiction over all commercial, civil, and administrative disputes, as well as disputes related to the personal status and domestic relations of non-Muslims. The Sharia Law Courts, which apply Sharia law, have jurisdiction over all aspects of the personal status of Muslims. The Criminal Courts have the jurisdiction to deal with criminal matters.

Each of these three courts has lower and high courts, whose judges are nominated by the Supreme Judicial Council and appointed by decree by the King of Bahrain. The Supreme Judicial Council, chaired by the King, appoints the members of the Constitutional Court.

The first regular court in Bahrain was established in 1922. The judiciary was divided into a civil judiciary and a Shari'at judiciary. The highest courts are:

• Court of Cassation (consists of the chairman and 3 judges)
• Supreme Court of Appeal (consists of the chairman and 3 judges)
• Constitutional Court (consists of the president and 6 members)
• High Sharia Court of Appeal (court sittings include the president and at least one judge)

The Court of Cassation was established in 1989 as a supreme court of appeal. It serves as the final court of appeal for all civil, commercial, and criminal matters. The judges for the court are appointed and removed by royal decree.

The National Safety Court is a special military court that was set up in March 2011 to try protesters, opposition leaders, rights activists, and people who supported or were perceived as supporting the Bahraini uprising. A military judge presides over the court, along with two civilian judges, all appointed by the Bahrain Defence Force commander-in-chief, Marshal Khalifa bin Ahmed Al Khalifa, a cousin of King Hamad and the prime minister, and a member of the Al Khalifa royal family. The cases are prosecuted by the military public prosecutor Colonel Yousef Rashid Flaifel.

The National Safety Court has been criticised by international human rights organisations for trying civilians in a military court and for a lack of transparency and due process. Human Rights Watch has described the court as a "travesty of justice", while Amnesty International has called it "a sham" and "a parody of justice".

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