Akhatov U.A.
candidate of jurisprudence,
professor of chair of sate
and law theory and history,
constitutional and administrative law
Serikbaikyzy M.
Modern
features of the monarchic form of government in Southeast Asia
The countries of Southeast Asia have been developed from the different
parties in a form of government. Among these countries there are countries with
the monarchic form of government. Malaysia, Thailand and Japan treat them.
Japan being the unitary state, has strengthened system of the parliamentary
monarchic form of government. About it
is told in one famous reference book: "The constitution of 1946 (I
have come into force in 1947) I have established the constitutional
parliamentary monarchy, having proclaimed the emperor "a symbol of the
state and unity of the nation". However the real power of the emperor is
almost brought to naught as he is discharged of the independent solution of questions
of a state policy (Art. 4). All actions of the emperor relating to public
affairs have to is carried out by council and from approval of the Cabinet
(Art. 3). Among such actions are the most important: appointment of the prime
minister (on representation of parliament) and the chief judge of the Supreme
Court (on representation of the government): promulgation of amendments to the
Constitution, laws, decrees of the government; convocation of parliament and
dissolution of the House of Representatives; appointment and discharge from a
position of ministers. The constitution left for the emperor, in essence, only
ceremonial functions which are traditionally carried out in monarchy by the
head of state: the appeal to parliament with the speech at opening of regular
session, adoption of credentials from ambassadors of the foreign states,
signing of official documents" [1, page 815].
Today the constitutional and parliamentary monarchy exerts special
impact on development of Japan. Because in the United Arab Emirates the federal
government institution in the United Arab Emirates is only one Federal Supreme
Council. He carries out a task of the supreme political body as the institute
watching from above the states. For example, in Sharjah 1972 the sheikh Khalid
bin Mohammed Al Qasimi ruling since
1965 has been killed, the Federal Supreme Council of the United Arab
Emirates without waiting for consent of
council of sheikhs Sharjah ruling a family dynasty have chosen the new governor
of the country and have approved his candidacy. When to all by the United Arab
Emirates it has been declared that Sultan bin Mohammed has been recognized as
the heir-at-law of the killed governor, in Al Qasimi ruling a seed dynasty two other candidacies still were
considered.
And on November 3, 2004 the president of the United Arab Emirates sheikh
Zayed bin Sultan Al Nahyan has died to the 86th year of life and the Federal
Supreme Council of the United Arab Emirates in same has held day the emergency
meeting and Zaid's son the successor of a throne of the United Arab Emirates,
at that time the governor of Abu Dhabi are Khalifa bin Zayed Al Nahyan has been
elected to country's presidential post. The fact which it should be noted it
speed of process of transfer of the highest of the government power of the
state, namely, execution of it within several hours after a funeral of
deceased. And under the constitution before election of the new governor on the
president's post the first 30 days the vice-president or prime minister of the
United Arab Emirates, and also the territorial subject of the federation, the
second for degree, the governor Dubai the sheikh Maktoum Bin Rashid Al Maktoum
could fulfill his duties.
It is also difficult to tell in a question of inheritance that the
secret institute of council plays the first role. Because, recently the
governor of the Arab monarchy at will only increases. Thus, in such cases each
governor usually without noise and problems, responsibly delegates the power to
the son or the brother (assessing each situation). According to many experts
preservation thus only strengthens the authoritie. For example, "Governors
the Emirate of Ajman and Umm al-Quwain already have managed to report to the
sons – hereditary princes many used unlimited rights, including participation
in work of the Federal Supreme Council of the United Arab Emirates is right.
The current governor of Qatar sheikh Hamad Bin Khalifa has arrived also. In
1995 during revolution he has dethroned the father and later Dzhasim Bin Hamada
appointed the successor the average son.
However, the general hereditary principle of a throne it is defined in
the constitution of the Arab monarchy and officially established. For example,
according to 4 articles of the constitution of Kuwait the state is the Emirate
kept hereditary tradition. The government has to be in dynasty Mubarak
As-Sabah. In this place there is an uncertain, unclear case. Uncertainty who
exactly of two sons Mubarak As-Sabah will rule the state. For now in Kuwait
there is a historical agreement between these representatives of two branches.
These branches originate from two sons Mubarak As-Sabah, namely the eldest son
of Jaber Al-Mubarak and the generation of the second son of Mubarak Salim
ruling in 1917-1921 ruling in 1915-1917 (Great Britain has dethroned Jaber
cooperating with Turks, instead of him on a throne have put Salim. In 1921
after Salim's death between successors of these two branches the agreement
about division of the power in turn has been made). The current governor of Kuwait
sheikh Jaber Al-Mubarak Al-Hamad Al-Sabah is the thirteenth governor of the
family, he is the third son in 1921-1950 Ahmad Al-Jaber Al-Sabah. And the first
son of the sheikh elected in 1978 Saad Abdalla Ac-Salim As-Sabakh and the
representative of a sort Salim - Abdalla Ac-Salim As-Sabakh has been appointed
the hereditary prince [1, 105 page].
The principle of delivery of the power has found the special
representation in Qatar. In 8 and 9 articles of the modern constitution adopted
in 2003 it is noted that only blood native men Hamad Bin Khalifa Bin Hamad Bin
Abdullah Bin Jassim have the rights of possession of the power of a hereditary
way. The applicant has to be the son of the real governor and own a title of
his hereditary prince. If there is no such applicant, then his competences
boards are transferred to the member of a ruling family At-Thani having a title
of the prince or other family member with the official status of the crown
prince. The crown prince is appointed by the special resolution after
coordination, meeting of members ruling a family dynasty and influential people
of the state. Besides the successor has to be the son of the Muslim woman from
an old Qatar family.
In the constitution of Oman of the introduction accepted in 1996 the
principle on a throne I was absolutely another. In this monarchy in difference
from other monarchy the institute of heritage hasn't been lawfully noted by a
hereditary way of a throne. In other words, in Oman there is no crown prince.
In the 5th article of the Constitution it is written: "The form of
government - the monarchy in the form of the sultanate descended to Turki bin
Faisal Al Saud descendants of bin Sultan Al Sayda on the man's line. The
electee for inheritance of the power has to be the full age, capable Muslim,
the legitimate son of the citizens of Oman practising Islam. Article 6 of the
Constitution defines the following: Within 3 days from the moment of release of
a sultan throne Council of a ruling family approves the successor of the power.
In case Council of a ruling family doesn't come to the uniform decision on new
Sultan's candidacy, Council of defense approves that applicant who will be
recommended by Sultan in the message for Council of a ruling family.
In conclusion it is possible to draw the following conclusions. Usually
political elite of the Arab monarchy consists of close brothers of the governor
of the state, and also many representatives of a ruling family dynasty. After
that the aristocracy which have appeared on the basis of historically local
patrimonial - the tribes formed in close connection with representatives of
this ruling family dynasty follows. All this together takes the place in the
top part of structure of political elite. They from the social status stand
incomparably above in comparison with other segments of the Arab society.
However of representatives of large business groups in public administration is
noticeable recently. Business of group owning a huge number of financially
economic resources in many situations influenced adoptions of important
government decisions. Gradually the executive role of representatives the
administrative managing director of group increases. Especially it should be
noted special increase in a role of a young technocracy among them. Technocrats
it is young specialists narrow and in too high-class time, qualifications. The
majority of them valuable and authoritative, received knowledge on the example
of the West. Because of it they hold the direction on the western states, in
questions of development of future political system and improvement of life of
society try to get rid about involving of old traditions and religious
ideologies. Today the gained knowledge and skills as it is correct to work in
the western countries hold positions as a part of the government and in the
state work. However, at representatives of a technocracy prospects in work of
public administration are limited. Because they are considered as people
capable to solve the important decisions made by the monarch and the highest
political leaders as a part of his close people.
Though the general principle of transfer of the government is officially
designated in constitutions of the Arab monarchy, but as hereditary transfer of
a throne is regulated is definitely not shown. as it is known all this
generates many difficulties. First, it is unknown an exact order of transfer of
the government, secondly, the possibility of interpretation of the principle
about receiving a throne is kept in the hereditary way. Indeed here to recognize
one thing. In modern time in the world the monarchic type of board can work
only in a circle of a constitutional right, that is in the form of
constitutional monarchy. For example, in modern European constitutional
monarchies monarch are only a governor, don't interfere with public
administration. Even official the constitution is absent. In Great Britain the
executive branch of the government enters competence of parliament.
References:
1. The contemporary history of the Arab countries of Asia (1917-1985). –
M, Science. – 1988. – 638 pages.