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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 State, 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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