Bahrain's Lawmaking Process: Understanding The Kingdom's Legislation

The Kingdom of Bahrain is a constitutional monarchy ruled by the Al Khalifa family. The country gained full independence from Britain in 1971, and its legal system has since followed a similar pattern to other Arab states' legislation, with Islam as the religion of the Kingdom and the legal system based on Islamic Shari'a, codified systems, and English common law.

The Bahraini Constitution, which entered into force on December 6, 1973, was suspended in 1975 but reinstated in 2002 following a national referendum. The Constitution guarantees the right to vote for every mature citizen regardless of sex, equality between men and women, freedom of worship, the right to education, and equality of citizens towards the rule of law regardless of sex, race, language, religion, or ideology.

The King of Bahrain, currently Hamad Ibn Isa Al Khalifa, enjoys broad legislative and executive powers. He assumes the Executive Power with the Council of Ministers and the Legislative Power with the National Council. The King appoints the Prime Minister, Ministers, and members of the Executive Power. He is also the Supreme Commander of the Armed Forces and defines the Kingdom's foreign policy.

The King can propose constitutional amendments, initiate laws, and ratify and promulgate laws. A bill is considered ratified and promulgated by the King if a period of six months has passed from the date of its submission from the Advisory Council and Parliament without the King returning it for reconsideration.

The Bahraini legal system includes civil law courts, Shari'a law courts, and military courts. The Civil Law Courts have the power to settle commercial, civil, and criminal cases, as well as all other cases related to the personal status law (family law) of non-Muslims. The Shari'a Law Courts have jurisdiction over all cases related to the personal status of Muslims, whether Bahraini citizens or foreigners.

The Legislative Power is vested in the King and the National Council, consisting of an elected Parliament and an Advisory Council. The Executive Power is assumed by the King along with the Council of Ministers, composed of the Prime Minister and the Ministers.

The Bahraini Constitution explicitly provides that its application shall not affect treaties and conventions previously concluded with other states and international organizations.

The Bahrain Constitution

The Kingdom of Bahrain has had two constitutions in its modern history. The first was written shortly after Bahrain gained independence from Britain in 1971 and was enacted by decree in December 1973. However, it was abrogated in 1975 and the country was governed under emergency laws until 2002, when the second constitution was promulgated.

The 2002 Constitution establishes Bahrain as a constitutional monarchy with a democratic system of rule and a separation of legislative, executive, and judicial authorities. It outlines the rights and responsibilities of citizens, the structure and powers of the government, and the fundamental principles that guide the nation.

The State

The Kingdom of Bahrain is an independent Arab Islamic Kingdom with full sovereignty. Its people are part of the Arab Nation, and its territory is part of the greater Arab entity. The rule over the Kingdom is a constitutional hereditary monarchy, passed down through the Al Khalifa family. The current king, Hamad Bin Isa Al Khalifa, is the head of state and its highest representative.

Basic Ingredients of Society

Justice is the basis of rule, and the pillars of society are cooperation, compassion, trust, liberty, equality, security, social solidarity, and equality of opportunity. The family is the base of society, and the state will reconcile the duties and obligations of women towards their families and their work in society. Islam is the state religion, and the Islamic Shari’a is the main source of legislation.

Powers and General Rules

The legislative authority is vested in the King and the National Council, which consists of two chambers: the Shura Council (the upper house) and the Chamber of Deputies (the lower house). The executive authority is exercised by the King, along with the Council of Ministers and Ministers. The judicial authority falls under the Supreme Council of the Judiciary, which is chaired by the King and oversees the efficient functioning of the judiciary.

Rights and Public Obligations

Bahraini citizens have the right to participate in public affairs and enjoy political rights, including the right to election and nomination. Personal freedom, equality, and freedom of conscience are guaranteed by law. The Constitution also outlines the rights to litigation, freedom of opinion, scientific research, press, assembly, and more.

Financial Matters

The Constitution outlines the financial year, budgetary processes, taxation, and economic principles. It establishes a Dewan for Financial Supervision to assist in managing state finances. It also addresses natural resources, public utilities, and economic commitments.

General Rules and Final Provisions

The Constitution can be amended with a two-thirds majority vote in both the Shura Council and the Chamber of Deputies, followed by ratification from the King. Certain core principles, such as the system of monarchy and the principles of liberty and equality, cannot be changed under any circumstances. The Constitution also outlines the validity and implementation of legal provisions.

The Bahraini Legal System

The Bahraini Constitution guarantees several rights, including:

• The right of vote for every mature citizen regardless of sex (Article 1)
• Equality between men and women without violating the rules of Islamic Shari'a (Article 5)
• Freedom of worship, private work, movement of capitals and the respect of private properties (Article 9 and 22)
• Equality of citizens towards the rule of law regardless of sex, race, language, religion or ideology (Article 18)
• Prohibition of torture, arbitrary detention, and protection of personal freedom (Article 19)
• Nullum crimen sine lege (Article 20) and trias politica (Article 32)

The King of Bahrain has broad legislative and executive powers. He assumes the Executive Power with the Council of Ministers and the Legislative Power with the National Council. The King appoints the Prime Minister, the Ministers, and members of the Executive Power. He is also the Supreme Commander of the Armed Forces and defines the Kingdom's foreign policy.

• Civil Law Courts: These courts have the power to settle commercial, civil, and criminal cases, as well as all other cases related to the personal status law (family law) of non-Muslims.
• Shari'a Law Courts: These courts have jurisdiction over all cases related to the personal status of Muslims, whether Bahraini citizens or foreigners. They are divided into Sunni and Shi'i sections, with jurisdiction over disputes relating to Muslim personal status.
• Military Courts: These courts have jurisdiction over military crimes committed by members of the armed and security forces.

The Bahraini Judiciary

The Supreme Council of the Judiciary, established in 2000, has the main mission of supervising the Judiciary. According to the 2002 Constitution, the King of Bahrain chairs the SCJ. The President of the Court of Cassation and judges from the highest Courts of Appeal, applying civil and Shari'a law, constitute the members of the SCJ.

The Constitutional Court, established under the Constitution, examines the conformity of laws with the constitutional provisions. The Court is composed of a President and six members appointed by the King, following the SCJ's recommendation.

The Bahraini Constitution emphasizes the honor, integrity, and impartiality of judges as the basis of rule and a guarantee of rights and liberties. Judges are not subject to any authority in the administration of justice, and no interference is allowed in the conduct of justice. The law guarantees the independence of the judiciary and provides for the security of judges.

The Bahraini Legislative Process

The Kingdom of Bahrain is a constitutional monarchy ruled by the Al Khalifa family, with the current king being Hamad Ibn Isa Al Khalifa. The Bahraini legislative process is governed by the country's constitution, which outlines the powers and responsibilities of the different branches of government.

The Legislative Branch

The Bahraini legislative branch consists of two chambers: the elected Parliament and the appointed Advisory Council. The Parliament is responsible for proposing and ratifying laws, while the Advisory Council reviews and amends legislation before it is presented to the king for final approval.

The Executive Branch

The executive branch is led by the king, who holds extensive legislative and executive powers. The king appoints the prime minister, ministers, and members of the executive branch. He is also the supreme commander of the armed forces and responsible for foreign policy.

The Judicial Branch

The Bahraini judicial system includes civil and Sharia law courts, with the Supreme Council of the Judiciary overseeing the judiciary's independence. The Constitutional Court interprets the constitution and ensures that laws comply with its provisions.

Law-Making Process

The law-making process in Bahrain typically involves the following steps:

• Initiation: The king, as the head of state, has the power to propose and initiate laws. He can also propose constitutional amendments.
• Deliberation: The proposed laws are then deliberated and discussed by the Parliament and the Advisory Council. This includes reviewing, amending, and voting on the legislation.
• Ratification: Once a bill is passed by both chambers, it is sent to the king for ratification and promulgation. The king has the power to approve or reject the legislation.
• Promulgation: If the king approves the bill, it is promulgated and becomes law. The law is then published in the official gazette and takes effect.

The Bahraini Executive Power

The King enjoys wide executive authorities, which include commanding the army, chairing the Higher Judicial Council, appointing the parliament's upper half, and dissolving its elected lower half. The King is also the Supreme Commander of the Armed Forces and defines the Kingdom's foreign policy.

The Council of Ministers formulates the general policy of the Government, supervises the execution of this policy, and oversees the functioning of the Government's departments. The King presides over the meetings of the Council of Ministers. The Prime Minister supervises the functions of the Council of Ministers, implements its decisions, and coordinates the activities of the various ministries to ensure their functions are integrated.

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