Qatari academics and experts in constitutional law affirmed that the 20th anniversary of the referendum on the permanent constitution of the State of Qatar is a cherished memory that is a source of pride and an auspicious step by the country’s leadership and people. They said in exclusive statements to Qatar News Agency (QNA) that the high turnout at the ballot boxes for the referendum on the draft permanent constitution of the state on (April 29, 2003) reminds of the extent of citizens’ response to the call of the wise leadership. Constitutional law experts pointed out that the permanent constitution granted the Shura Council broader legislative jurisdiction, and emphasized some constitutional tools to monitor government performance, such as questions and interrogations, in addition to affirming the council’s role in approving the general budget. In the same vein, Articles 137 and 140 affirm the designation of the bodies responsible for adjudicating administrative and constitutional disputes, in order to enhance and guarantee the right to litigation. They explained that the constitutional referendum is one of the democratic methods by which the constitution is promulgated, as it paves the way for the people to achieve real popular participation on a wide spectrum, and the enforcement of the constitution is mainly based on voting yes to the constitution. At the beginning, Dr. Talal Abdullah Al-Emadi, Dean of the College of Law at Qatar University, said in an exclusive statement to Qatar News Agency (QNA) that the high turnout at the ballot boxes for the referendum on the draft permanent constitution of the state, which has passed for twenty years now, resulted in 96.6 percent of the vote. He mentions the extent to which loyal citizens responded to the call of their leaders in Qatar, and at the same time the impact of this referendum in preparing the Qatari people for democracy, with subsequent initiatives in the elected Municipal Council and Shura Council. Dr. Al-Emadi indicated that, in their capacity in the field of law and in a national college of law at Qatar University, and as citizens, this memory is dear to themselves, and they consider it a source of pride and an auspicious step from the country’s leadership and people, which made Qatar a pioneer in the region in this field, citing articles The constitution, as stated in Article 57 of that "Respecting the constitution, complying with the laws issued by the public authority, adhering to public order and public morals, and observing national traditions and stable customs, is the duty of everyone who resides in the State of Qatar or settles in its territory.". The Dean of the College of Law at Qatar University confirmed that the college pays great attention to the field of constitutional law and all related courses at the undergraduate and postgraduate levels, as it is closely related to local developments and our awareness of the local constitution and its ongoing developments, and the college is keen to teach these courses in the original language of the state. We are also proud to have experts in constitutional law among us who represent our house of expertise in this field at the college. He pointed to the increasing interest of students in postgraduate studies who are working on completing their doctoral dissertations in this fertile and vital field in the country, and that it is with good approval that they recently named one of the halls in the college as"Constitution Hall" It will be opened soon.
For his part, Professor of Constitutional Law at the College of Law at Qatar University, Dr. Hassan Al-Buhashem Al-Sayed said in a similar statement to Qatar News Agency (QNA) that the State of Qatar knew the first codified constitutional document in the early seventies of the twentieth century, but before that there were some customary constitutional rules that It settled on the inheritance of power and the exercise of power, and some other legislation related to the organization of the supreme administration of the government, the procedures for issuing legislation, and the Shura Council Law of 1964, with which it can be said that there are constitutional rules, some of which are customary and some are written, but they are not codified in a single constitutional document. He explained that the first codified constitution for the state was in the year 1970, before its independence, when Sheikh Ahmed bin Ali Al Thani, the ruler of the country at the time, issued (the provisional basic system of governance in Qatar), as this system included articles related to the system of government and the fundamental principles guiding the policy of the state, and emphasized Ensuring some rights. He also established the first Council of Ministers in the State of Qatar. The provisional statute also provided for the establishment of an elected Shura Council to discuss laws submitted to it by the government, and emphasized the independence of the judiciary. Dr. Hassan Al-Buhashem Al-Sayed added that with the independence of the State of Qatar on 3/9/1971, there was a need to amend the temporary statute to suit the new conditions represented in the independence of the state and the termination of the 1916 agreement with Britain, so it was issued on 4/19/1972 (the temporary statute Amendment) He saw that this system should be made temporary until some constitutional principles are established after the experience of independence. The amended provisional statute remained in force until His Highness the Father Emir, Sheikh Hamad bin Khalifa Al Thani, saw in the last years of the twentieth century that the time had come to draw up a permanent constitution for the country, and he explained the reasons for that that the country had gone through stages since the issuance of the provisional statute. successively in which the parameters and objectives of the state’s policies and its Gulf, Arab and Islamic affiliations were defined, and the state’s authorities and its various apparatuses gained experiences derived from actual practice at the internal and external levels, and the constitutional conditions that regulate the executive authority and the provisions related to succession of government in the state were completed. Steps were taken towards completing the building of state apparatuses and laying the foundations of a state of institutions and law by issuing the Judicial Authority Law and other laws regulating civil and commercial transactions. Dr. Al-Buhashem added: His Highness also saw that it is necessary, after these issues have been achieved, that the next step is to prepare the permanent constitution for the state, in line with the achievements that Qatar has achieved, and to meet the aspirations and hopes as Qatar is at the gates of the twenty-first century, and to broaden the base of popular participation by establishing a council An elected representative. The professor of constitutional law at Qatar University said that, in order to achieve the above, His Highness issued Emiri Resolution No. (11) of 1999 to form a permanent constitution drafting committee and assign its terms of reference. The committee included 32 members, and Article (3) of the decision required that the draft constitution be prepared within three years. The decision also authorized the committee to invite whomever it wanted from experts and specialists to its meetings, and to establish sub-committees, each of which includes a number of experts and specialists to assist it in performing its tasks. In 2002, the committee completed its work by drafting a constitution within three years, as required by the decision. His Highness, the Father Emir, received the permanent constitution draft document on July 2, 2002, during his reception to members of the Constitution Drafting Committee.
On April 15, 2003, the Emir issued Decree No. (38) of 2003 calling on citizens to hold a referendum on the draft constitution. It was stated in the preamble to this decree that (in compliance with the Almighty’s saying: "And he consulted them about it" And out of our belief in the importance of popular participation in approving the country’s constitution and keenness on advancing the country and working for its elevation and striving for a better future for the present and future generations, we drew this decree to invite citizens to a referendum on the draft constitution). shown in the poll). The referendum was held on April 29, 2003, and witnessed wide participation. The result of the referendum was the approval of the constitution by 96.64 percent of those who voted. In June 2004, the Emir promulgated the permanent constitution, and it was published on 6/8/2005, and from the day following its publication, the constitution entered into force, and its provisions began to work, except for the provisions of the elected Shura Council. And on the second of October of the year 2021, the Qatari Shura Council elections were held, and in it all the articles of the constitution were activated, especially the articles of Chapter Three of Chapter Four of it, which was what happened during the era of His Highness Sheikh Tamim bin Hamad Al Thani, the Emir of Qatar, may God protect him. And Dr. Hassan Al-Buhashem Al-Sayed indicated that by comparing the permanent constitution with the amended temporary basic system (the previous constitution), it is clearly noted that the permanent constitution granted the Shura Council broader legislative competence, and also emphasized some constitutional tools to monitor the government’s performance, such as questions and interpellations, in addition to confirming the Council’s role in approving the budget. the public. In the same vein, Articles 137 and 140 emphasized defining the bodies that are responsible for adjudicating administrative and constitutional disputes, in order to enhance and guarantee the right to litigation. In the same context, Dr. Hamad Al-Hababi, Assistant Professor of Public Law at the College of Law at Qatar University, said that the constitutional referendum is one of the democratic methods by which the constitution is promulgated, as it paves the way for the people to achieve real popular participation on a wide spectrum, and the enforcement of the constitution is mainly based on voting. Yes to the constitution. Dr. Al-Hababi added, in a statement to Qatar News Agency (QNA), that some constitutional jurists believe that the method of the founding referendum is not a fourth method of the establishment of constitutions, but rather it is part of the method. "Constituent Assembly" It is the method that follows the grant and the contract. A referendum is defined as popular participation by voting yes or no in order to approve the state’s constitution or not. The basis of the term “constitutional referendum” may be traced back to the French legislator, according to the constitutions of 1793 AD and 1795 AD. As for the term used by the Qatari legislator, what was stipulated in Article 1 of Decree No. 38 of 2003, where he mentioned "public referendum". He explained that when participating in the referendum, whoever expresses his opinion in the referendum must have reached the age of eighteen Gregorian years on the day of the referendum. The mechanism for expressing an opinion is by direct, secret general ballot, which is stipulated in Article 6, by expressing an opinion once and by marking the form prepared for that and in the polling place, after the person presents his identity card to the chairman of the referendum committee. Dr. Al-Hababi indicated that the opinion should be expressed orally for those who cannot read or write, the blind and others with special needs who cannot prove their opinions themselves on the referendum form, as the head of the referendum committee records the opinion on the form and puts it in the box, explaining that the enforcement of the constitution is based on The approval of the majority of valid votes, as stated in Article Eleven, and the result of the general referendum shall be published in the Official Gazette.
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