The politics of Cambodia are defined within the framework of a constitutional monarchy, in which the king serves as the head of state, and the prime minister is the head of government. In practice, Cambodia is an authoritarian state, as power is centralized in the hands of the Cambodian People's Party (CPP) under leader Hun Manet. Civil society groups, independent media and opposition parties are repressed, and elections are not free and fair.
The collapse of communism set in motion events that led to the withdrawal of the Vietnamese armed forces, which had established their presence in the country since the fall of the Khmer Rouge. The 1993 constitution, which is currently in force, was promulgated as a result of the 1991 Paris Peace Agreements, followed by elections organized under the aegis of the United Nations Transitional Authority in Cambodia. The constitution declares Cambodia to be an "independent, sovereign, peaceful, permanently neutral and non-aligned country." The constitution also proclaims a liberal, multiparty democracy in which powers are devolved to the executive, the judiciary and the legislature. However, there is no effective opposition to the Prime Minister, a position long held by Hun Sen, from 1984 until 2023, and now held by his son. Their Cambodian People's Party won all 125 seats in the National Assembly in 2018 after the banning of opposition party CNRP and KNLF. KNLF became a main opposition exiled in Denmark after CNRP was dissolved. During the communal election in 2022 and the national election in 2023, there were no international observers. The government is considered to be autocratic.
Executive power is exercised by the Royal Government, on behalf of and with the consent of the monarch. The government is constituted of the Council of Ministers, headed by the prime minister. The prime minister is aided in his functions by members of the Council such as deputy prime ministers, senior ministers and other ministers. Legislative power is vested in a bicameral legislature composed of the National Assembly, which has the power to vote on draft law, and the Senate, that has the power of review. Upon passage of legislation through the two chambers, the draft law is presented to the monarch for signing and promulgation. The judiciary is tasked with the protection of rights and liberties of the citizens, and with being an impartial arbiter of disputes. The Supreme Court is the highest court of the country and takes appeals from lower courts on questions of law. A separate body called the Constitutional Council was established to provide interpretations of the constitution and the laws, and also to resolve disputes related to election of members of the legislature.
The Cambodian People's Party has dominated the political landscape since the 1997 coup d'état in Phnom Penh. Other prominent political parties include the royalist FUNCINPEC and the erstwhile Cambodia National Rescue Party that was dissolved by the Supreme Court in 2017. Comparative political scientists Steven Levitsky and Lucan Way have described Cambodia as a "competitive authoritarian regime", a hybrid regime type with important characteristics of both democracy and authoritarianism.
In the July 2023 election, the ruling Cambodian People's Party (CPP) easily won by a landslide in flawed election, after disqualification of Cambodia's most important opposition, Candlelight Party. On 22 August 2023, Hun Manet, son of Hun Sen, was sworn in as the new Cambodian prime minister.
Legal framework Cambodia is a constitutional monarchy with a unitary structure and a parliamentary form of government. The constitution, which prescribes the governing framework, was promulgated in September 1993 by the Constituent Assembly that resulted from the 1993 general election conducted under the auspices of the United Nations Transitional Authority in Cambodia (UNTAC). The assembly adopted the basic principles and measures mandated under the Paris Peace Agreements into the text of the constitution. Assimilated into the governing charter, these provisions place the constitution as the supreme law of the land; declare Cambodia's status as a sovereign, independent and neutral state; enshrine a liberal, multi-party democracy with fair and periodic elections; guarantee respect for human rights; and provide for an independent judiciary.
The brutality of the Democratic Kampuchea regime had especially necessitated the inclusion of provisions concerning human rights in order to prevent a return to the policies and practices of the past. These criteria had been drawn from the Namibian constitution drafting process that took place in 1982. German constitutional law scholar, Jörg Menzel, characterized these benchmarks as the "necessary nucleus of a modern constitutional state."Menzel, Jörg. Cambodia from Civil War to a Constitution to Constitutionalism? Hor Peng et al. Cambodian Constitutional Law pp. 16-17 The constitution further sanctifies the status of international law in the issue of human rights by binding Cambodia to "respect" the provisions of human rights treaties adopted by the UN. The 1993 constitution has been amended eight times since its passage – in 1994, 1999, 2001, 2005, 2006, 2008, 2014Hor Peng. The Constitution of the Kingdom of Cambodia: The Evolution of Constitutional Theories and Interpretation. Hor Peng et al. Cambodian Constitutional Law. p. 47 and 2018.
Separation of powers The powers are devolved to three branches of the state: the legislature, the executive and the judiciary, in recognition of the doctrine of separation of powers. Political sovereignty rests with the Cambodian people, who exercise their power through the three arms of the state. The Royal Government, which wields executive power, is directly responsible to the National Assembly. The judiciary, which is an independent power, is tasked with the protection of citizens' rights and liberties.Hor Peng. The Constitution of the Kingdom of Cambodia: The Evolution of Constitutional Theories and Interpretation. Hor Peng et al. Cambodian Constitutional Law. p. 45 Buddhism is proclaimed as the state religion.Kong Phallack. Freedom of Religion in Cambodia. Hor Peng et al. Cambodian Constitutional Law. p. 393
Influences on legal system The legal system of Cambodia is civil law and has been strongly influenced by the legal heritage of France as a consequence of colonial rule.Menzel, Jörg. Cambodia from Civil War to a Constitution to Constitutionalism? Hor Peng et al. Cambodian Constitutional Law p. 31 The Soviet-Vietnamese system dominated the country from 1981 until 1989, and Sri Lankan jurist Basil Fernando argues that its elements are present in the current system as well. The role of customary law, based on Buddhist beliefs and unwritten law drawn from the Angkorean period, is also prevalent.Kong Phallack. Overview of the Cambodian Legal and Judicial System and Recent Efforts at Legal and Judicial Reform. Hor Peng et al. Introduction to Cambodian Law. pp. 7-8Hor Peng. The Constitution of the Kingdom of Cambodia: The Evolution of Constitutional Theories and Interpretation. Hor Peng et al. Cambodian Constitutional Law. pp. 44-45
Market economy The constitution contains a commitment to the "market economy system", which along with accompanying provisions effects a fundamental change in the role of the state from the past. Security of private property and the right to sell and exchange freely, necessary conditions for the functioning of the market economy, are provided for. The state's powers of expropriation are limited to the extent they serve public interest, to be exercised only when "fair and just" compensation is made in advance.Kuong Teilee. Economic Rights and the National Economic System. Hor Peng et al. Cambodian Constitutional Law. p. 498 Operating under the slogan Le Cambodge s'aide lui-même or "Cambodia will help itself", one of the earliest undertakings of the Royal Government was to implement programs to ensure the economic rehabilitation of Cambodia and its integration in the regional and global economies. On 10 March 1994, the Royal Government declared an "irreversible and irrevocable" move away from a centrally-planned economy towards a market-oriented economy.
Monarchy
Cambodia is a constitutional monarchy. The king is officially the head of state and is the symbol of unity and "perpetuity" of the nation, as defined by Cambodia's constitution.
From September 24, 1993, through October 7, 2004, Norodom Sihanouk reigned as king, after having previously served in a number of offices (including king) since 1941. Under the constitution, the king has no political power, but as Norodom Sihanouk was revered in the country, his word often carried much influence in the government. The king, often irritated over the conflicts in his government, several times threatened to abdicate unless the political factions in the government got along. This put pressure on the government to solve their differences. This influence of the king was often used to help mediate differences in government.
After the abdication of King Norodom Sihanouk in 2004, he was succeeded by his son Norodom Sihamoni. While the retired king was highly revered in his country for dedicating his lifetime to Cambodia, the current king has spent most of his life abroad in France. Thus, it remains to be seen whether the new king's views will be as highly respected as his father's.
Although in the Khmer language there are many words meaning "king", the word officially used in Khmer (as found in the 1993 Cambodian constitution) is preăhmôhaksăt (Khmer regular script: ព្រះមហាក្សត្រ), which literally means: preăh- ("excellent", cognate of the Pali word vara) -môha- (from Sanskrit, meaning "great", cognate with "maha-" in maharaja) -ksăt ("warrior, ruler", cognate of the Sanskrit word kṣatrá).
On the occasion of King Norodom Sihanouk's retirement in September 2004, the Cambodian National Assembly coined a new word for the retired king: preăhmôhavireăkksăt (Khmer regular script: ព្រះមហាវីរក្សត្រ), where vireăk comes from Sanskrit vīra, meaning "brave or eminent man, hero, chief", cognate of Latin vir, viris, English virile. Preăhmôhavireăkksăt is translated in English as "King-Father" (), although the word "father" does not appear in the Khmer noun.
As preăhmôhavireăkksăt, Norodom Sihanouk retained many of the prerogatives he formerly held as preăhmôhaksăt and was a highly respected and listened-to figure. Thus, in effect, Cambodia could be described as a country with two Kings during Sihanouk's lifetime: the one who was the head of state, the preăhmôhaksăt Norodom Sihamoni, and the one who was not the head of state, the preăhmôhavireăkksăt Norodom Sihanouk.
Sihanouk died of a pulmonary infarction on October 15, 2012.
Succession to the throne Unlike most monarchies, Cambodia's monarchy is not necessarily hereditary and the king is not allowed to select his own heir. Instead, a new king is chosen by a Royal Council of the Throne, consisting of the president of the National Assembly, the prime minister, the president of the Senate, the first and second vice presidents of the Senate, the chiefs of the orders of Mohanikay and Thammayut, and the first and second vice-president of the assembly. The Royal Council meets within a week of the king's death or abdication and selects a new king from a pool of candidates with royal blood.
It has been suggested that Cambodia's ability to peacefully appoint a new king shows that Cambodia's government has stabilized incredibly from the situation the country was in during the 1970s (see History of Cambodia).
Executive branch