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Explanatory Note 
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 IN THE NAME OF GOD, THE BENEFICENT, THE MERCIFUL
 EXPLANATORY MEMORANDUM ON AMENDMENTS
TO THE CONSTITUTION OF THE KINGDOM OF BAHRAIN
ISSUED IN THE YEAR 2002 A.D.
 


Bahrain witnessed political and constitutional changes since it adopted a constitution on 6 December 1973. In view of the desire of h. h. the Amir to achieve its political system to realize a sound democratic way of life in keeping with the democratic ethos prevalent in the world today, its general principles were delineated recording the bases of this development from the political, social and economic angles. These principles were endorsed by the national action charter and placed before the people in a referendum on 14 February 2001. The people of Bahrain accorded to it an overwhelming consensus to act as an authority for marching on the road to democracy, which the state wanted to consummate.


 

 

This Charter contained the political philosophy, which should govern the Bahrain society in future guaranteeing its historic personality, and illustrating the infrastructure needed for its society. It is a system of rule, which will be implemented in future and it describes the functioning of representational way of life. The Charter included the fundamentals of economics for the society, the basis of national security, inter-Gulf and foreign relations and the changes, which were to be made to the existing Constitution to activate the basic concepts mentioned in it.


 Whereas the activation of the principles mentioned in this Charter requires that the process of amending the existing Constitution harmonizes with the larger aims contained in it and which will enable Bahrain to continue its march within the frame¬work of the monetization of the State institutions and their constitutional powers; H. H. the Amir entrusted the Technical Daisy Committee by virtue of Decree No 5 of 200 I with the task of preparing draft constitutional amendments in terms described by the National Action Charter as needful. However, it was for this Committee to take into consideration the bases and principles contained in the Charter, which would serve the country's interests. The President of this Committee was to raise the draft changes proposed, to H. H. the Amir enclosing an explanatory memorandum with all studies showing different legal opinions before preparing the draft project so that His Highness could take appropriate steps for issuing the amended Constitution.
The Committee benefited from the opinions of constitutional experts of different countries, discussed different points of view in regard to the procedures to be followed for changing the Constitution and the amendments to be carried out in keeping with the principles contained in the National Action Charter.


In this explanatory memorandum, the Committee has explained the method by which the opinion crystallized over amending the present Constitution, and the changes, which were effected to this Constitution and the justification for them within the framework of legal opinions and studies presented by experts.

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