Bahrain has had two
constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.
1973 Constitution
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 to draft and ratify a 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 Shaikh Isa.
[Bahrain](_blank)
Federal Research Division, 2004, Kessinger Publishing, pp 97 - 98
The draft constitution provided for a
unicameral legislature (the
National Assembly) consisting of 44 members, 30 elected by "universal suffrage" (though franchise was restricted to males), plus 14 royally-appointed government ministers who were
ex officio member
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
s. The constitution was enacted by decree in December 1973.
The
1973 Bahraini general election was the only election held under the 1973 Constitution, before it was abrogated by Shaikh Isa in 1975. The country was governed under emergency laws from 1975 to 2002.
2002 Constitution
After the death of the Amir Shaikh Isa bin Salman Al Khalifa in 1999, his throne was taken over by his son Shaikh
Hamad bin Isa Al Khalifa. Seeking to bring an end to the
1990s uprising in Bahrain
The 1990s uprising in Bahrain ( ar, الانتفاضة التسعينية في البحرين) also known as the uprising of dignity ( ar, انتفاضة الكرامة) was an uprising in Bahrain between 1994 and 1999 in which leftists, libera ...
, he announced a new set of democratic reforms, including a promise to return to constitutional rule.
In 2001 Emir 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
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
. 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 argued this statement to be too ambiguous, and remained opposed to the Charter. Also as part of the new Constitution the country was raised in status from an Emirate to a Kingdom.
Emir Hamad responded by holding a highly publicised meeting with the spiritual leaders of the Shia Islamist opposition. He signed a document clarifying that 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 Emir (now 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
A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
due to be held later that year were boycotted by 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.
Executive branch
According to
Article 32 (b) of the
2002 Constitution, "executive authority is vested in the
King together with the Council of Ministers and Ministers". The Council of Ministers (
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
) is appointed directly by the King (Article 33d).
Bahrain has had only one
Prime Minister since the country's independence in 1971,
Khalifah ibn Sulman al-Khalifah, the uncle of the reigning King
Hamad ibn Isa al-Khalifah
Hamad bin Isa bin Salman Al Khalifa ( ar, حمد بن عيسى بن سلمان آل خليفة '; 28 January 1950) is King of Bahrain since 14 February 2002, after ruling as Emir of Bahrain from 6 March 1999.
He is the son of Isa bin Salman ...
. As of 2010, roughly half of the cabinet ministers have been selected from the
Al Khalifa royal family, including the Minister of Defence, Minister of Interior, Minister of Foreign Affairs, Minister of Finance, and Minister of Justice and Islamic Affairs.
, King
,
Hamad ibn Isa al-Khalifah
Hamad bin Isa bin Salman Al Khalifa ( ar, حمد بن عيسى بن سلمان آل خليفة '; 28 January 1950) is King of Bahrain since 14 February 2002, after ruling as Emir of Bahrain from 6 March 1999.
He is the son of Isa bin Salman ...
,
, March 6, 1999
, -
,
Prime Minister
,
Khalifah ibn Sulman al-Khalifah
,
, 1971
Legislative branch
According to
Article 32 (b) of the
2002 Constitution, "legislative authority is vested in the
King and the
National Assembly.
The National Assembly is
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
with the lower house, the
Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, having 40 members elected in single-seat constituencies by universal suffrage for a four-year term. The upper house, the
Shura Council
In Arab culture, a Majlis-ash-Shura ( ar, مجلس الشورى; Shura Council in English) is an advisory council or consultative council. In Islamic context, the Majlis-ash-Shura is one of two ways that a Caliph, khalifa (Islamic leader) may be s ...
, has 40 members appointed by the
King of Bahrain. Among the members of the current Shura Council are representatives of Bahrain's
Jewish and
Christian
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
communities as well as several women legislators.
The speaker of the National Assembly is from the appointed Shura Council.
All legislation must be passed by a majority in both the Chamber of Deputies and the Shura Council, and must be ratified by the King.
Political societies and elections
Political parties are illegal in Bahrain, de facto political parties operate and are known as 'political societies'
Judicial branch
The Judiciary of Bahrain is divided into two branches: the Civil Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, and criminal cases, as well disputes related to the
personal status of non-Muslims. The Shari’a Law Courts have jurisdiction over all issues related to the personal status of Muslims.
Judges of the middle and lower courts are nominated by the Ministry of Justice and appointed by decree by the
prime minister. The Supreme Judicial Council, chaired by the
King, appoints the members of the Constitutional Court.
Many of the high-ranking judges in Bahrain are either members of the
ruling family
A dynasty is a sequence of rulers from the same family,''Oxford English Dictionary'', "dynasty, ''n''." Oxford University Press (Oxford), 1897. usually in the context of a monarchical system, but sometimes also appearing in republics. A d ...
or non-Bahrainis (mainly Egyptians) with 2-year renewable contracts. To secure renewal of these contracts, judges may be prone to consider it necessary to take decisions not unfavourable to the wishes or interests of the Government.
Administrative divisions
Bahrain is divided into four governorates for administrative purposes:
*
Capital Governorate
*
Muharraq Governorate
*
Northern Governorate
*
Southern Governorate
Each governorate has an appointed governor and an elected
municipal council.
See also
*
National Action Charter of Bahrain
The National Action Charter of Bahrain is a document put forward by King Hamad ibn Isa Al Khalifah of Bahrain in 2001 in order to end the popular 1990s Uprising and return the country to constitutional rule. It was approved in a national referend ...
References
External links
*
Full text of the 1973 constitution
*
Full text of the 2002 constitution
{{Asia topic, Constitution of, title=Constitutions of Asia, IR=Constitution of the Islamic Republic of Iran
Politics of Bahrain
Law of Bahrain
Bahrain