Constitution of Bahrain
Encyclopedia
Bahrain
has had two constitution
s in its modern history. The first one was promulgated in 1973, and the second one in 2002.
The constitution of 1973 was written shortly after Bahrain's independence from Britain
in 1971. In 1972, the then ruler Shaikh Isa bin Salman Al Khalifa issued a decree providing for the election of a Constituent Assembly that would be responsible for drafting and ratifying the constitution. The electorate of the constituent assembly was native-born male citizens aged twenty years or older. The constituent assembly consisted of twenty-two elected delegates, plus the twelve members of the Council of Ministers and eight members directly appointed by the emir Shaikh Isa.
The constitution drawn up provided for a unicameral legislature (the National Assembly
) consisting of 30 members elected through "universal suffrage" (though franchise was restricted to males), plus fourteen royally-appointed government ministers who are ex officio members. The constitution was enacted by amiri decree in December 1973.
Only one parliamentary election was ever held under the 1973 Constitution (see: Bahraini parliamentary election, 1973
) before it was abrogated by the emir Shaikh Isa in 1975. The country was governed under emergency laws from 1975 to 2002.
After the death of the Amir Shaikh Isa Al Khalifa in 1999, his throne was taken over by his son Shaikh Hamad ibn Isa Al Khalifa. Seeking to bring an end to the 1990s uprising in Bahrain
, he announced a new set of democratic reforms, including a promise to return to constitutional rule.
In 2001 His Majesty King Hamad put forward the National Action Charter which would return the country to constitutional rule. However the opposition was opposed to the Charter's call for an amendment to the 1973 Constitution, changing the legislature from unicameral to bicameral. The Charter stated that "the legislature will consist of two chambers, namely one that is constituted through free, direct elections whose mandate will be to enact laws, and a second one that would have people with experience and expertise who would give advice as necessary." The opposition groups deemed this statement to be too ambiguous, and remained opposed to the Charter.
His Majesty King Hamad responded by holding a highly publicized meeting with the spiritual leaders of the Shia Islamist opposition. He signed a document clarifying that the only the elected lower house of the parliament would have legislative power, while the appointed upper house would have a strictly advisory role. Upon this assurance, the main opposition groups accepted the Charter and called for a 'Yes' vote in the national referendum. The Charter was accepted in the 2001 referendum with 98.4% voting 'Yes' for it.
However, in 2002 His Majesty King Hamad promulgated the 2002 Constitution, without any public consultation, in which both the elected and the royally-appointed chambers of parliament were given equal legislative powers, going back on his public promise of 2001. As a result, the parliamentary elections
due to be held later that year were boycotted by a group of four political societies; Al Wefaq
, a Shia Islamist group, thought to be the most popular political society in the country, National Democratic Action
, the largest Leftist political society, Islamic Action Society
, a marginal Shia Islamist society, and the Nationalist Democratic Rally Society
, a marginal Arab Nationalist society.
Bahrain
' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
has had two constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s in its modern history. The first one was promulgated in 1973, and the second one in 2002.
Constitution of 1973
- Full text of the 1973 constitution
The constitution of 1973 was written shortly after Bahrain's independence from Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1971. In 1972, the then ruler Shaikh Isa bin Salman Al Khalifa issued a decree providing for the election of a Constituent Assembly that would be responsible for drafting and ratifying the constitution. The electorate of the constituent assembly was native-born male citizens aged twenty years or older. The constituent assembly consisted of twenty-two elected delegates, plus the twelve members of the Council of Ministers and eight members directly appointed by the emir Shaikh Isa.
The constitution drawn up provided for a unicameral legislature (the National Assembly
National Assembly of Bahrain
The National Assembly is the name of both chambers of the Bahraini parliament when sitting in joint session, as laid out in the Constitution of 2002....
) consisting of 30 members elected through "universal suffrage" (though franchise was restricted to males), plus fourteen royally-appointed government ministers who are ex officio members. The constitution was enacted by amiri decree in December 1973.
Only one parliamentary election was ever held under the 1973 Constitution (see: Bahraini parliamentary election, 1973
Bahraini parliamentary election, 1973
Parliamentary elections were held for the first time in Bahrain on 12 December 1973, under the Constitution of 1973. Thirty members were elected to the National Assembly of Bahrain, by a franchise restricted to male citizens. An additional 14 ministers of the royally-appointed government became...
) before it was abrogated by the emir Shaikh Isa in 1975. The country was governed under emergency laws from 1975 to 2002.
Constitution of 2002
- Full text of the 2002 constitution
After the death of the Amir Shaikh Isa Al Khalifa in 1999, his throne was taken over by his son Shaikh Hamad ibn Isa Al Khalifa. Seeking to bring an end to the 1990s uprising in Bahrain
1990s Uprising in Bahrain
The 1990s Uprising in Bahrain or 1990s Intifada was an uprising in Bahrain between 1994 and 2000 in which leftists, liberals and Islamists joined forces...
, he announced a new set of democratic reforms, including a promise to return to constitutional rule.
In 2001 His Majesty King Hamad put forward the National Action Charter which would return the country to constitutional rule. However the opposition was opposed to the Charter's call for an amendment to the 1973 Constitution, changing the legislature from unicameral to bicameral. The Charter stated that "the legislature will consist of two chambers, namely one that is constituted through free, direct elections whose mandate will be to enact laws, and a second one that would have people with experience and expertise who would give advice as necessary." The opposition groups deemed this statement to be too ambiguous, and remained opposed to the Charter.
His Majesty King Hamad responded by holding a highly publicized meeting with the spiritual leaders of the Shia Islamist opposition. He signed a document clarifying that the only the elected lower house of the parliament would have legislative power, while the appointed upper house would have a strictly advisory role. Upon this assurance, the main opposition groups accepted the Charter and called for a 'Yes' vote in the national referendum. The Charter was accepted in the 2001 referendum with 98.4% voting 'Yes' for it.
However, in 2002 His Majesty King Hamad promulgated the 2002 Constitution, without any public consultation, in which both the elected and the royally-appointed chambers of parliament were given equal legislative powers, going back on his public promise of 2001. As a result, the parliamentary elections
Bahraini parliamentary election, 2002
The 2002 parliamentary elections in Bahrain were the second parliamentary elections in the country's history, and the first legislative elections since the dissolution of the 1973 National Assembly...
due to be held later that year were boycotted by a group of four political societies; Al Wefaq
Al Wefaq
Al Wefaq National Islamic Society , also known as the Islamic National Accord Association, is a Bahraini political society, and the largest party in the Bahrain, both in terms of its membership and its results at the polls...
, a Shia Islamist group, thought to be the most popular political society in the country, National Democratic Action
National Democratic Action
The National Democratic Action Society - Wa'ad is Bahrain's largest leftist political party. It emerged out of the Popular Front, a radical clandestine opposition movement of Maoist, socialist and Arab nationalist orientation...
, the largest Leftist political society, Islamic Action Society
Islamic Action Society
The Islamic Action Society is one of the main Islamist political parties in Bahrain, and mainly appeals to Shīʻa followers of the Najaf-based Āyatu l-Lāh, Hādī al-Mudarrisī, who are known as "the Shirāzī faction"....
, a marginal Shia Islamist society, and the Nationalist Democratic Rally Society
Nationalist Democratic Rally Society
Nationalist Democratic Assembly , a political group attached to the Baghdad-based Ba'ath Party in Bahrain. The organization is led by Rasul al-Jishi....
, a marginal Arab Nationalist society.