The Kingdom of Cambodia has a long history with royalism until now, and it appears to have sealed the fate of Cambodia with the monarchy. Even though there were rapid political changes after the independence, the monarchy still remains at last in Cambodia.
The important note is that the current monarchy is not absolute but based on the constitution.[1] A constitutional monarchy regime is a state headed by a sovereign who rules within the limits of a written or unwritten constitution.[2] Basically, the rulers are not by reference to divine rules but to human rules (to a constitution). The King reigns but does not govern[3] is the central concept of Constitutional Monarchy.
It implies that the constitution limits the power of the rulers. This concept in the context of Cambodia is protected by Article 17 of the 1993 Cambodian Constitution (“1993 Constitution”). The protection here refers to the unamendable clause. “The King reigns but does not govern” shall never be amended. It will no longer be a constitutional monarchy if it can be amended. This fact indicates that the power of the King shall be under the constitution. No one is above the constitution; unlike in the past, the King was above all.
Whether the Constitutional Monarchy regime in Cambodia is robust or not when the King has no political authority stipulated in the Constitution. There are two correlated justifications to consider on this legal question: (1) the King is a symbol of the nation, and (2) the King is inviolable.
The King is a symbol of the nation
The King of Cambodia is a symbol of the unity and eternity of the nation. It has a similar notion to Constitutional Imperialism in Japan that the emperor shall be the symbol of the state and the unity of the people.[4] In 2012, thousands of Khmer citizens from everywhere voluntarily gathered to mourn and attend King Sihanouk’s funeral in the heart of Cambodia — Phnom Penh City. This situation indicates the love of all Khmer citizens to the King. His Majesty, King Norodom Sihanouk, fought for Cambodian independence through royal crusade at national and international levels. That is why the King is the guarantor of national independence, sovereignty and territorial integrity, the rights, and freedom of all citizens.[5] He played an important role in unifying the fragmentation of political parties and solving the political crisis in Cambodia. The King shall assume the leading role to ensure the regular execution of public powers.[6] At the same time, the current King, Norodom Sihamoni, has contributed tremendously to social and humanitarian work. Besides, in his capacity as head of state, the king also performs various functions not specified explicitly in the constitution, such as presiding over national events, religious rites, and traditions, and representing Cambodia abroad during official visits.
The King is inviolable
The King shall be inviolable pursuant to Article 7(2) of the 1993 Constitution. Thereby, several articles mention the offenses against the King in the Cambodian Criminal Code. It includes regicide,[7] acts of torture or cruelty against the king,[8] and violence against the king.[9] The perpetrator can be jailed for up to 20 years and other additional penalties. Regarding the insulation, whether it is made by speeches, writing, sketches, of any kind whatsoever in a public place or any public meeting or exposed to the sights of the public, they are punishable by one year to five years without considering the aggravated circumstances. They can be fined up to around USD 2500.[10] According to Dr. Kin Phea, Director General of International Relations Institute of Cambodia, any person who insults the King shall face four consequences. They will have to deal with :
- The historical, cultural, and civilizational aspects: insulting the King is equivalent to trampling on history and the roots of Khmer culture and civilization.
- Legal implications: anyone who insults King commits a major violation of the constitution, penal code, and national motto (Nation, Religious, King).[11]
- The social aspect: anyone who insults the King is trampling on the Khmer citizens, as they respect the King and regard him as a “comfortable umbrella or cool shade” for the Khmer nation.
- The political aspect: anyone who insults the King is prohibited from participating in politics in Cambodia and is considered a persona non grata.
In conclusion, the King of Cambodia has no actual strength in the political realm but His Majesty is inviolable. His Majesty is the symbol of the Khmer nation and has a love of all Cambodian citizens which is rooted in every citizen’s soul. The Constitutional Monarchy is the achievement of the modern world. (Hegel political philosopher).[12] Therefore, the Monarchy Constitution in Cambodia is unbreakable in National Motto, and the King is respectfully considered as “a cool shade” for the entire nation.
[1] Article 1 of the 1993 Constitution.
[2] VERNON BOGDANOR, The Monarchy and the Constitution, Parliamentary Affairs, Volume 49, Issue 3, July 1996, Pages 407, https://doi.org/10.1093/pa/49.3.407. See Robert Longley. “Constitutional Monarchy Definition and Examples.” Thoughtco. 31 December 2020, https://www.thoughtco.com/constitutional-monarchy-definition-examples-4582648.
[3] Article 7(1) of the 1993 Constitution.
[4] Article 1 of the 1947 Constitution of Japan.
[5] Article 8(2) of the 1993 Constitution.
[6] Article 9 of the 1993 Constitution.
[7] Article 433 of Cambodian Criminal Code (“CCC”).
[8] Article 434 of CCC.
[9] Article 435 of CCC.
[10] Article 437 bis, Law on the amendment on Criminal Code 2018.
[11] Article 4 of the 1993 Constitution.
[12] Brudner, Alan. “Constitutional Monarchy as the divine regime: Hegel’s theory of the just state.” History of Political Thought 2, no. 1 (1981): 120. http://www.jstor.org/stable/26211769.
