HH the 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.
Believing in the importance of popular participation in approving the state’s constitution and the keenness to advance the country and its supremacy, in pursuit of better future for the current and future generations, this decree was charted to invite the citizens to vote for the draft constitution. The decree stated that the draft constitution shall be approved if endorsed by the majority of valid opinions as expressed in the referendum.
With broad participation, the referendum was held on April 29, 2003, and the result was in favor of the constitution by 96.64 percent of the votes.
In June 2004, HH the Father Amir issued the permanent constitution and was published on Jun. 8, 2005, and entered into force from the day following its publication. Its provisions came into effect, except the provisions related to the elected Shura Council.
On Oct. 2, 2021, the elections of Qatari Shura Council were held through which all constitution’s articles were activated, especially articles of Chapter three of part four thereof; and this was done in the era of HH the Amir Sheikh Tamim bin Hamad Al-Thani.
In comparing the permanent constitution with the amended temporary statute, it is crystal clear that the permanent constitution had granted the Shura Council a wider legislative jurisdiction, underscoring some of the constitutional tools to monitor the government’s performance such as questioning and interrogation, as well as underscoring the council’s role in approving the general budget, Dr. Al Sayed clarified.
In the same context, articles 137 and 140 outlined the identification of the entities that undertake the adjudication of administrative and constitutional disputes to promote and guarantee the right to litigation.
Assistant Professor of Public Law at the College of Law of Qatar University Dr. Hamad Al Hababi said that the constitutional referendum is one of the democratic techniques through which the constitutions is issued, and paves the way for the people in order to achieve a real popular participation on large scale, in which the enforcement of the constitution is essentially based on “Yes” voting for the constitution.
Dr. Al Hababi added that some constitutional jurists believe that the founding referendum method is not deemed as fourth method of establishing constitutions, but rather a method of the constituent assembly. The referendum is defined as the popular participation with “Yes” or “No” voting to whether approve the state’s constitution or not.
The opinion should be expressed orally for those who cannot read or write, the blind and others, including persons 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, Dr. Al Hababi pointed out.
He indicated 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.
Source: Qatar News Agency
