Judiciary Of Cambodia
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Judiciary Of Cambodia
The Judiciary of Cambodia is independent from the rest of the government of Cambodia, as specified by the Cambodian Constitution. The judiciary follows civil law tradition, the instruction being entrusted to a judge and the prosecutors contenting themselves with requesting the application of the law. Courts and tribunals in Cambodia regularly face a lack of resources, both financial and human, a ferment of corruption and clientelism that eat away at the whole of society. The difficulty of access for the poorest also favors the resistance of traditional methods of conflict resolution, based on the intermediary of a person whose moral authority, unlike that of the judge, is not contested by neither of the two parties (village, district, pagoda chiefs, etc.), ''de facto'' creating a two-tier system, one, official, reserved for foreigners and urban elites, the other, informal, for the most part population. History Funan: a rudimentary system of Indian influence Before the establi ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ...
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French Indochina
French Indochina (previously spelled as French Indo-China),; vi, Đông Dương thuộc Pháp, , lit. 'East Ocean under French Control; km, ឥណ្ឌូចិនបារាំង, ; th, อินโดจีนฝรั่งเศส, officially known as the Indochinese Union; vi, Liên bang Đông Dương, , lit. 'East Ocean Federation'; km, សហភាពឥណ្ឌូចិន; lo, ສະຫະພາບອິນໂດຈີນ and after 1947 as the Indochinese Federation,; vi, Liên đoàn Đông Dương; km, សហព័ន្ធឥណ្ឌូចិន; lo, ສະຫະພັນອິນດູຈີນ was a grouping of French colonial territories in Southeast Asia until its demise in 1954. It comprised Cambodia, Laos (from 1899), the Chinese territory of Guangzhouwan (from 1898 until 1945), and the Vietnamese regions of Tonkin (French protectorate), Tonkin in the north, Annam (French protectorate), Annam in the centre, and French Cochinchina, Cochinchin ...
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Constitution Of Cambodia
The Cambodian Constituent Assembly ( km, 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 suffr ...
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Military Justice
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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United Nations Transitional Authority In Cambodia
The United Nations Transitional Authority in Cambodia (UNTAC) ar, سلطة الأمم المتحدة الانتقالية في كمبوديا, italics=off zh, , italics=offfrench: Autorité provisoire des Nations unies au Cambodgerussian: Организация Объединенных Наций Временный орган в Камбодже, italics=off es, Autoridad Provisional de las Naciones Unidas en Camboya was a United Nations peacekeeping operation in Cambodia in 1992–93 formed following the 1991 Paris Peace Accords. This was the first occasion in which the UN directly assumed responsibility for the administration of an outright independent state (the UN did the administration of the former Dutch territory of Netherlands New Guinea between 1962–1963 prior), rather than simply monitoring or supervising the area. The UN transitional authority organised and ran elections, had its own radio station and jail, and was responsible for promoting and safeguarding hum ...
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Decree-law
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special ...
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National Assembly (Cambodia)
The National Assembly ( km, រដ្ឋសភា, ) is one of the two houses (chambers) of the Parliament of Cambodia. It is referred to as the lower house, with the Senate being referred to as the upper house. The National Assembly is an elected body consisting of 125 members known as Members of Parliament (MPs). Members are elected for five-year terms by party-list proportional representation, using provinces as constituencies of 1 to 18 members, and the D'Hondt method of seat distribution. A political party must secure 63 seats to obtain and preserve a majority. The National Assembly is headed by the President, currently Heng Samrin. The sixth National Assembly was inaugurated on 6 September 2018, and presided by King Norodom Sihamoni. History The current National Assembly originated as the Constituent Assembly, a legislative body elected during the United Nations Transitional Authority in Cambodia (UNTAC). After the 1993 election, the Assembly met and adopted a ...
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Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ...
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Socialist Republic Of Viet Nam
Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making it the world's sixteenth-most populous country. Vietnam borders China to the north, and Laos and Cambodia to the west. It shares maritime borders with Thailand through the Gulf of Thailand, and the Philippines, Indonesia, and Malaysia through the South China Sea. Its capital is Hanoi and its largest city is Ho Chi Minh City (commonly known as Saigon). Vietnam was inhabited by the Paleolithic age, with states established in the first millennium BC on the Red River Delta in modern-day northern Vietnam. The Han dynasty annexed Northern and Central Vietnam under Chinese rule from 111 BC, until the first dynasty emerged in 939. Successive monarchical dynasties absorbed Chinese influences through Confucianism and Buddhism, and expanded sout ...
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Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national republics; in practice, both its government and its economy were highly centralized until its final years. It was a one-party state governed by the Communist Party of the Soviet Union, with the city of Moscow serving as its capital as well as that of its largest and most populous republic: the Russian SFSR. Other major cities included Leningrad (Russian SFSR), Kiev (Ukrainian SSR), Minsk ( Byelorussian SSR), Tashkent (Uzbek SSR), Alma-Ata (Kazakh SSR), and Novosibirsk (Russian SFSR). It was the largest country in the world, covering over and spanning eleven time zones. The country's roots lay in the October Revolution of 1917, when the Bolsheviks, under the leadership of Vladimir Lenin, overthrew the Russian Provisional Government ...
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Democratic Kampuchea
Kampuchea ( km, កម្ពុជា ), officially known as Democratic Kampuchea (DK; km, កម្ពុជាប្រជាធិបតេយ្យ ) from 5 January 1976, was a one-party totalitarian state which encompassed modern-day Cambodia and existed from 1975 to 1979. It was controlled by the Khmer Rouge (KR), the name popularly given to the followers of the Communist Party of Kampuchea (CPK), and was founded when KR forces defeated the Khmer Republic of Lon Nol in 1975. Between 1975 and 1979, the state and its ruling Khmer Rouge regime were responsible for the deaths of millions of Cambodians through forced labour and genocide. The KR lost control of most Cambodian territory to the Vietnamese occupation. From 1979 to 1982, Democratic Kampuchea survived as a rump state. In June 1982, the Khmer Rouge formed the Coalition Government of Democratic Kampuchea (CGDK) with two non-communist guerrilla factions, which retained international recognition. The state was rename ...
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