Doha: Qatari academics and experts in constitutional law have asserted that marking the 20th anniversary of the referendum on the permanent constitution of the State of Qatar is a cherished memory, a source of pride and a promising step by the state’s leadership and people.
They said that the high turnout at the ballot boxes for the referendum on the draft permanent constitution of the state on April 29, 2003, is reminiscent of the extent to which citizens responded to the call of the wise leadership. Constitutional law experts noted that the permanent constitution granted the Shura Council wide legislative jurisdiction. They outlined some constitutional tools to monitor the government’s performance, such as questioning and interrogation, and underscored the council’s role in approving the general budget.
In the same context, articles 137 and 140 affirmed the designation of the entities responsible for adjudicating administrative and constitutional disputes to promote and guarantee the right to litigation. They outlined that the constitutional referendum is one of the democratic techniques through which the constitution is issued and paves the way for the people to widely achieve actual popular participation.
In a statement to QNA, Dean of the College of Law at Qatar University Dr. Talal Abdullah Al Emadi, said that the high turnout of people to vote for the referendum on the draft permanent constitution of Qatar was 96.6 percent.
Dr. Al Emadi indicated that citizens cherish such an anniversary. It is a source of pride and an auspicious step by the state’s leadership and people, making Qatar a pioneer country in the region in this field. He quoted article 57 of the constitution, which states that respect for the constitution, compliance with laws issued by the public authority, adherence to public order and public morals, and observance of national traditions and established customs are incumbent on all those who live in the State of Qatar or settle in its territory.
According to Dr. Al Emadi, the College of Law prioritises constitutional law, including all relevant courses at both undergraduate and postgraduate levels, since they are closely related to local developments and awareness of the local constitution and its constant development. He said the college teaches these courses in the original language of Qatar.
He outlined the increasing interest of postgraduate students who primarily embark on completing PhD thesis in this field. He added that they have recently named one of the college’s halls “The constitution hall” and it will be open soon.
Professor of law at Qatar University Hassan Abdulrahim Al Buhashim Al Sayed said Qatar knew the first codified constitutional document at the beginning of the seventies of the twentieth century. Before that, some customary constitutional rules settled the inheritance of power and the exercise of power, including some other legislations regarding organising 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 others are written, but they are not codified in a single constitutional document.
The first codified constitution in Qatar was in 1970, before independence, when Sheikh Ahmad bin Ali Al Thani the ruler of the country at the time, issued the temporary statute of governance in Qatar, Prof Al Sayed outlined, adding that the temporary constitution also called for the establishment of an elected Shura Council to discuss laws submitted by the government, emphasising the independence of the judiciary.
He noted that with Qatar’s independence on September 3, 1971, it was imperative to amend the provisional statute to best suit the new conditions and the termination of the 1916 agreement with Britain, so it was issued on April 19, 1972 (the amended provisional statute). It makes this system temporary until some constitutional principles take hold after the independence experience.
In addition, the amended provisional statute remained in force until Father Amir H H Sheikh Hamad bin Khalifa Al Thani realised in the last years of the twentieth century that the time had come to create a permanent constitution for the country. He outlined the reasons that had prompted the government to develop this constitution.
On April 15, 2003, Father Amir (then the Amir) issued the decree No. 38 of 2003, in which he called on the citizens to vote on the draft constitution in compliance with Allah, the Almighty, saying: ‘’Counsel with them in the matter” as stated in the preamble of this decree. With broad participation, the referendum was held on April 29, 2003, and the result was in favour of the constitution by 96.64 percent of the votes.
In June 2004, Father Amir issued the permanent constitution published on June 8, 2005, and entered into force from the day following its publication. Its provisions came into effect except those related to the elected Shura Council.
On October 2, 2021, the elections of the Qatari Shura Council were held through which all constitution’s articles were activated, especially articles of Chapter Three of part four, done in the era of Amir H H Sheikh Tamim bin Hamad Al Thani.
