| The Role of the National Assembly in Bahrain’s Constitutional Experiments |
| Fascicolo 2004-1 |
| Scritto da Parolin Gianluca Paolo |
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Summary 1. Introduction. – 2. Political background. – 3. Constitutional framework. – 4. Legislative activity. – 5. The 1973 Myth. – 6. Conclusions.
Abstract Comparing the two «constitutional experiments» of Bahrain (1973-1975 and 2002-present), the paper focuses on the fundamental role of the National Assembly (al-majlis al-watanī). In the first post-independence experience, the National Assembly was the centerpiece of the constitutional architecture, following the path of the Kuwaiti adaptation of western models (1962). The promulgation of a western Constitution in a different «legal environment», though, soon proved to be an insufficient measure to instate a western constitutional system. Even before the dissolution of the National Assembly, its activity gave evidence of its distance from the functions of parliaments in the West. In the 2002 Constitution the elected Chamber (majlis al-nuwwāb), now the lower house of the National Assembly, ceases to be the heart of the constitutional design. The new bicameral system, the interaction between the appointed and the elected Chamber, the opposition’s role as outsider, and the limited liberalization of political activity are all elements to be taken into consideration one year after the first parliamentary elections in nearly 30 years (24-31 october 2002). Special attention is paid to the effects of the boycott of the parliamentary elections by the opposition. In this context, the system of legal sources and the way legislation is enacted (between Government and Assembly) is a major litmus test to assess the new parliamentary experience of Bahrain. |