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 Bahrainportal |
Bahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.
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| Bahrainportal |
Bahrain has had two constitutions 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 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. [1]
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 members. The constitution was enacted by decree in December 1973. [1]
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. [1]
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, 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. 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 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.
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) 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. As of 2010, roughly half of the cabinet ministers have been selected from the Al Khalifa royal family, [2] including the Minister of Defence, Minister of Interior, Minister of Foreign Affairs, Minister of Finance, and Minister of Justice and Islamic Affairs.
| Office | Name | Party | Since |
|---|---|---|---|
| King | Hamad ibn Isa al-Khalifah | March 6, 1999 | |
| Prime Minister | Khalifah ibn Sulman al-Khalifah | 1971 |
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 with the lower house, the Chamber of Deputies, having 40 members elected in single-seat constituencies by universal suffrage for a four-year term. The upper house, the Shura Council, 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 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 parties are illegal in Bahrain, de facto political parties operate and are known as 'political societies'
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. [3]
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. [3]
Many of the high-ranking judges in Bahrain are either members of the ruling family 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. [4]
Bahrain is divided into four governorates for administrative purposes:
Each governorate has an appointed governor and an elected municipal council.
Politics of Bahrain has since 2002 taken place in a framework of a constitutional monarchy where the government is appointed by the King of Bahrain, King Hamad bin Isa Al Khalifa. The head of the government since 2020 is Crown Prince Salman bin Hamad Al Khalifa, who became Prime Minister following the death of Khalifa bin Salman Al Khalifa, and who also serves as Deputy Commander of the Bahrain Defence Force. The parliament is a bi-cameral legislature, with the Council of Representatives elected by universal suffrage, and the Consultative Council appointed directly by the king.
Hamad bin Isa bin Salman Al Khalifa is King of Bahrain since 14 February 2002, after ruling as Emir of Bahrain from 6 March 1999.
Khalifa bin Salman Al Khalifa was a Bahraini royal and politician who served as the Prime Minister of Bahrain from 10 January 1970 until his death in 2020. He took office over a year before Bahrain's independence on 15 August 1971. He was the longest-serving prime minister in the world. Under the 2002 Constitution he lost some of his powers, with the King now having the authority to appoint and dismiss ministers.
Isa bin Salman bin Hamad Al Khalifa was the first emir of Bahrain from 1961 until his death in 1999.
The House of Khalifa is the ruling family of the Kingdom of Bahrain. The Al Khalifas profess Sunni Islam and belong to the Anizah tribe, some members of this tribe joined the Utub alliance which migrated from Central Arabia to Kuwait, then ruled all of Qatar, more specifically Al Zubarah, which they built and ruled over before settling in Bahrain in the early 17th century. The current head of the family is Hamad bin Isa Al Khalifa, who became the Emir of Bahrain in 1999 and proclaimed himself King of Bahrain in 2002, in fact becoming a constitutional monarch.
Women's rights have been a cornerstone of the political reforms initiated by King Hamad, with women gaining the right to vote and stand as candidates in national elections for the first time after the constitution was amended in 2002. The extension of equal political rights has been accompanied by a conscious drive to promote women to positions of authority within government.
Following Bahrain's independence from the British in 1971, the government of Bahrain embarked on an extended period of political suppression under a 1974 State Security Law shortly after the adoption of the country's first formal Constitution in 1973. Overwhelming objections to state authority resulted in the forced dissolution of the National Assembly by Amir Isa bin Salman Al Khalifa and the suspension of the Constitution until 2001. The State Security Law of 1974 was a law used by the government of Bahrain to crush political unrest from 1974 until 2001. It was during this period that the worst human rights violations and torture were said to have taken place. The State Security Law contained measures permitting the government to arrest and imprison individuals without trial for a period of up to three years for crimes relating to state security. A subsequent Decree to the 1974 Act invoked the establishment of State Security Courts, adding to the conditions conducive to the practice of arbitrary arrest and torture. The deteriorating human rights situation in Bahrain is reported to have reached its height in the mid-1990s when thousands of men, women and children were illegally detained, reports of torture and ill-treatment of detainees were documented, and trials fell short of international standards.
In Bahrain, the Prime Minister is the head of government of the country. According to the Constitution of Bahrain, the Prime Minister is appointed directly by the King, and needs not to be an elected member of the Council of Representatives.
The National Assembly is the legislative body of Bahrain. Parliament is bicameral, consisting of the 40 elected members of the Council of Representatives and the 40 royally-appointed members of the Consultative Council. The joint session of the National Assembly is chaired by the Speaker of the Council of Representatives, or by the Speaker of the Consultative Council if the former is absent.
The Council of Representatives, sometimes translated as the "Chamber of Deputies", is the name given to the lower house of the Bahraini National Assembly, the national legislative body of Bahrain.
The 1990s uprising in Bahrain also known as the uprising of dignity was an uprising in Bahrain between 1994 and 1999 in which leftists, liberals and Islamists joined forces to demand democratic reforms. The uprising caused approximately forty deaths and ended after Hamad bin Isa Al Khalifa became the Emir of Bahrain in 1999 and a referendum on 14–15 February 2001 massively supported the National Action Charter. The uprising resulted in the deaths of around 40 civilians and at least one Bahraini soldier.
The State of Bahrain was the name of Bahrain from 1971 to 2002. On 15 August 1971, Bahrain declared independence and signed a new treaty of friendship with the United Kingdom. Bahrain joined the United Nations and the Arab League later in the year. The oil boom of the 1970s benefited Bahrain greatly, although the subsequent downturn hurt the economy. The country had already begun diversification of its economy and benefited further from Lebanese Civil War in the 1970s and 1980s, when Bahrain replaced Beirut as the Middle East's financial hub after Lebanon's large banking sector was driven out of the country by the war.
Sheikh Abdul Amir al-Jamri was one of the most prominent Shia clerics and opposition leaders in Bahrain. He was also a writer and a poet.
In the 2000s in Bahrain the government instituted political reforms and relaxed economic controls.
The following outline is provided as an overview of and topical guide to Bahrain:
Hessa bint Salman Al Khalifa was a member of the Bahraini royal family.
Khalifa Ahmed Al Bin Ali (1936–2006), was one of the leading, principal, and most important men of the Al Bin Ali tribe in Bahrain during the early 1970s throughout the early 2000s.
The Cabinet of Bahrain is the chief executive body of the Kingdom of Bahrain. 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) is appointed directly by the King . Bahrain has had only two Prime Ministers since the country's independence in 1971, Khalifah ibn Sulman al-Khalifah, the uncle of the reigning King Hamad ibn Isa al-Khalifah. Khalifah ibn Sulman al-Khalifah died on 11 November 2020, and was succeeded by the King's son, Crown Prince Salman. As of 2010, roughly half of the cabinet ministers have been selected from the Al Khalifa family, including the Minister of Defence, Minister of Interior, Minister of Foreign Affairs, Minister of Finance, and Minister of Justice and Islamic Affairs.
Khalifa bin Ahmed Al Dhahrani is a Bahraini politician, who served as Speaker of the Council of Representatives of Bahrain.
The background of the Bahraini uprising dates back to the beginning of the twentieth century. The Bahraini people have protested sporadically throughout the last decades demanding social, economic and political rights. Demonstrations were present as early as the 1920s and the first municipal election was held in 1926. Ruled by Al Khalifas since 1783, Bahrain was a British protectorate for most of the twentieth century. The National Union Committee (NUC) formed in 1954 was the earliest serious challenge to the status quo. Two year after its formation, NUC leaders were imprisoned and deported by authorities.
