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Chapter Nine

                  may prove in practice to be not so supreme as the constitution
                  permits.
                    The position of the President of the Union is defined in Articles 51
                  to 54. His powers are wide-ranging, both legislative and executive; he
                  also has the traditional power to pardon criminals and to confirm or
                  commute a death sentence.132 Since he is also the President of the
                  Supreme Council of Rulers, a great deal of its power reverts to him
                  while the Council is not in session.
                    The President and his Deputy are  elected from among the seven
                  Rulers. Their term of office is five years and both may be re-elected.
                  The eleven-point catalogue of the President’s powers in Article 54
                  describes his role as the ceremonial Head of Stale, appointing
                  members of the cabinet, ambassadors and senior officials, with the
                  exception of the president and judges of the Supreme Court. His
                  function is also to sign “Union laws, decrees and decisions which the
                  Supreme Council has sanctioned,” (Article 54, paragraph 4), to
                  promulgate them and to supervise their implementation through the
                  Union’s ministries, (Article 54, paragraph 8).
                    Further powers which may accrue to or be assumed by the
                  President stem from certain provisions of the constitution which do
                  not deal exclusively with his position. The President, in conjunction
                  with the Supreme Council, may overrule the National Assembly’s
                  amendments to a bill and promulgate the law in the version which
                  the Council of Ministers originally suggested.133 Article 113 gives the
                  President, together with the Council of Ministers, the authority to
                  promulgate urgently-required laws in the form of decrees. “Such
                  decree-laws must be referred to the Supreme Council within a
                  week ... for assent or rejection ... if they are approved they shall
                  have the force of law and the Union National Assembly shall be
                  notified at its next meeting.” The President’s legislative powers are
                  further enhanced by the provision that the Supreme Council may
                  authorise him together with the Council of Ministers to promulgate
                  decrees as long as they do not pertain to international agreements,
                  martial law, a defensive war, or the appointment of judges of the
                  Supreme Court. The constitution does not provide a catalogue of
                  those matters which may only be dealt with by law as opposed to by
                  decree. Legislation by ordinary decree does not involve the National
                 Assembly; it requires agreement between the President and the
                 Council of Ministers only.
                   The Council of Ministers’ functions are dealt with in Articles 55 to
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