Authoritarian Constitutional Borrowing and Convergence in Cambodia

Abstract

Abstract:Although control over Cambodia's legal system has long been central to the perpetuation of the political hegemony of the Cambodian People's Party (CPP), the weaponization of law in Cambodia has intensified in recent years. A feature of this development has been an increased tendency to borrow directly from other illiberal or autocratic jurisdictions. For example, Thailand was explicitly cited as the inspiration for the 2017 amendments to the Law on Political Parties, which precipitated the dissolution of the opposition Cambodian National Rescue Party that same year. The introduction of lèse-majesté offences to the Criminal Code in 2018 appears to be another prominent instance of borrowing from Thai law although it was not explicitly recognized as such. An amendment to Article 49 of the Cambodian Constitution which prohibits actions by all citizens that "affect the interests" of the nation or its citizens appears to be borrowed from China's constitution. Finally, the Supreme Council for Consultation and Recommendation, created under the supervision of the Council of Ministers, resembles China's People's Political Consultative Conference. By analysing legal change and institutional innovation in Cambodia from a comparative perspective, this article demonstrates how Cambodia's hegemonic turn has been reflected in the character of legal changes the CPP has pursued, as well as in the jurisdictions from which it appears to have drawn inspiration.