A/HRC/18/46 and the capacity of individual Members of Parliament to scrutinize draft laws tabled before Parliament by the Government. 71. Parliament in general and the National Assembly in particular should increase their effectiveness in overseeing the work of the executive and holding the latter to account. The environment should be made conducive for parliamentarians to openly question policies and decisions of their own parties. In this regard, there should be a clear understanding that being a Member of Parliament comes with specific responsibilities that transcend party lines. 72. The Secretary-General of both houses of Parliament should be an independent person and not an active member of any political party. 73. The recruitment of officials of Parliament in general and the National Assembly in particular should be conducted on the basis of merit and through a competitive and transparent process. 74. Draft laws should be published for public consultation and especially in outlets such as the Official Gazette. The Gazette itself should be made accessible to members of the public. 75. Laws should not be enforced until they are published in the Official Gazette. 76. Parliamentary Commissions should review regulations adopted by the Government to ascertain whether they exceed the scope of the original laws. 77. The requirement to be part of a group of 10 Members of Parliament in order to participate in parliamentary debate should be removed, affording all individual Members of Parliament equal opportunity to participate in such debate. 78. The main opposition party should have a constructive role to play in the appointment of members of various constitutional bodies, such as the election commission, to ensure that they are able to operate in an impartial and independent manner. 79. As in many other parliaments around the globe, the ruling party should invite the opposition parties to chair some of the Commissions in Parliament in general and in the National Assembly in particular. This would strengthen parliamentary culture as well as the culture of opposition. This used to be the case in Cambodia, but in recent years the situation has regressed in this regard. 80. Constituents should have easy access to parliamentarians in order for the latter to better represent them in Parliament. 3. Enhancing the effectiveness of the Constitutional Council 81. The Constitutional Council should review not only the laws enacted by Parliament but also the internal rules of Parliament in general and the National Assembly in particular to ascertain whether they are compatible with the Constitution, international human rights standards, and the principles of rule of law, including the principles of natural justice. 82. Any law enacted by Parliament which has direct implications for human rights should automatically be referred to the Constitutional Council for review before it is presented to the King for royal assent. 83. Access to the Constitutional Council should be widened: certain recognized non-State actors, such as professional associations of lawyers and law professors, as well as citizens under narrowly defined conditions and in exceptional cases, should have access to the Council. 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents