Constituent Assembly of Cambodia

The Cambodian Constituent Assembly (Khmer: សភារដ្ឋធម្មនុញ្ញកម្ពុជា) was a body elected in 1993 to draft a constitution for Cambodia as provided in the 1991 Paris Peace Agreements. The writing of the Cambodian Constitution took place between June and September 1993 and it resulted in the transformation of the political situation of Cambodia from civil-war-marred, autocratic oligarchy to a constitutional monarchy. Achieved under the guidance, auspices and funding of the United Nations Transitional Authority in Cambodia (UNTAC), the drafting of the constitution was the culmination of a larger, $1.6 billion effort to end the decades-old country's civil wars and bring the warring parties into political, rather than military competition. The result of the process was the creation of a constitution for Cambodia that, at least on paper, guarantees free political competition, regular elections, equal rights and representation and universal suffrage.

Background

Cambodia, like many of its neighbours, had no pre-colonial history of conception of constitution and rule of law. The balance of power between rulers and their subjects was such that a king and his central state in Cambodia ruled largely through influence and unofficial channels. David P. Chandler, the premier Cambodia historian, explains, "a Cambodian king, like most Chinese emperors, could rule only by extending networks of patronage and mutual obligations outward from his palace, at first through close associates and family members but becoming diffuse--and more dependent on local power-holders--at the edges of the kingdom." Into the 19th century, most of the rural population had only a rough conception of their king. According to Chandler, rural people generally believed the king to have power over the weather, to "dispense true justice" and to be "the only political source of hope among peasants." That said, his legitimacy came much more from charisma, genealogy and cosmology than from his fairly enforcing a system of laws.

The notion of regimented legal and judicial systems was only really introduced to Cambodia with the advent of French colonialism in the 19th century. With such concepts came the notion of defining and restricting state power in formal law.