Constitution of Bahrain

Bahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.

The constitution of 1973 was written shortly after Bahrain's independence from Britain in 1971. In 1972, the then ruler Shaikh Isa bin Salman Al Khalifa issued a decree providing for the election of a Constituent Assembly that would be responsible for drafting and ratifying the constitution. The electorate of the constituent assembly was native-born male citizens aged twenty years or older. The constituent assembly consisted of twenty-two elected delegates, plus the twelve members of the Council of Ministers and eight members directly appointed by the emir Shaikh Isa.

The constitution drawn up provided for a unicameral legislature (the National Assembly) consisting of 30 members elected through "universal suffrage" (though franchise was restricted to males), plus fourteen royally-appointed government ministers who are ex officio members. The constitution was enacted by amiri decree in December 1973.

Only one parliamentary election was ever held under the 1973 Constitution (see: Bahraini parliamentary election, 1973) before it was abrogated by the emir Shaikh Isa in 1975. The country was governed under emergency laws from 1975 to 2002.

After the death of the Amir Shaikh Isa Al Khalifa in 1999, his throne was taken over by his son Shaikh Hamad bin Isa Al Khalifa. Seeking to bring an end to the 1990s uprising in Bahrain, he announced a new set of democratic reforms, including a promise to return to constitutional rule.

In 2001 His Majesty King Hamad put forward the National Action Charter which would return the country to constitutional rule. However the opposition was opposed to the Charter's call for an amendment to the 1973 Constitution, changing the legislature from unicameral to bicameral. The Charter stated that "the legislature will consist of two chambers, namely one that is constituted through free, direct elections whose mandate will be to enact laws, and a second one that would have people with experience and expertise who would give advice as necessary." The opposition groups deemed this statement to be too ambiguous, and remained opposed to the Charter.

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