Yemen after unification: constitutional comparisons

YAR, 1971	PDRY, 1970	Unified state, 1990
Yemen is an Arab Islamic state, independent and enjoying complete sovereignty. It is a consultative, parliamentary republic, and the people of Yemen are a part of the Arab Nation. (1)	The PDRY is a democratic, popular, sovereign republic which gives voice to the interests of the workers, peasants, intellectuals, and all the labourers, and strives to achieve a united democratic Yemen and total completion of the tasks of the national democratic revolutionary stage preparatory to the transition to building socialism. (1)	The Republic of Yemen is an independent sovereign state, an inviolable unit, no part of which may be relinquished. The people of Yemen are part of the Arab Nation and the Islamic World. (1)

Table 2: Religion and the state

YAR, 1971	PDRY, 1970	Unified state, 1990
Islam is the religion of the State, and Arabic is its official language. (2)	The Arabic language is the official language. (4) Islam is the religion of the state. Freedom of belief in other religions is guaranteed … (47)	Islam is the religion of the state, and Arabic is its official language. (2)
The Islamic Sharia is the source of all laws. (3)		Islamic Law is the principal source of legislation. (3)

Table 3: The constitutional oath

YAR, 1971

Unified state, 1990

I swear in the name of Almighty God to adhere to the Book of God and to the law of His Prophet, to be faithful to my religion, my homeland and my people, to guard the republican system and the objectives of the revolution, to respect the Nation’s constitution and laws, to covet the freedoms of the people, their interests, their properties and their dignity, to do all within my means and power to preserve the Nation’s sovereignty and independence and to defend the safety of its lands, and to perform my duties as a deputy honourably, trustfully and sincerely, and God witnesseth my words. (55)

I swear by Almighty God to faithfully protect the republican system, to respect the constitution and the law, to safeguard the interests and freedom of the people fully, and to preserve the unity and independence of the nation, and the safety of its lands. (131)

Table 4: Status of parliament

YAR, 1971	Unified state, 1990
The Majlis al-Shura is the supreme legislative body of the State (44) The Majlis al-Shura is responsible for supervising the business of the executive authority. (45)	The House of Representatives is the legislative authority of the state … It shall direct and control the activities of the Executive Authority as stipulated in the constitution. (40)
The Majlis al-Shura may convey its recommendations on public affairs to the Government. If the Government is unable to accept such recommendations, it should explain to the Majlis its reason for not accepting them. (62)	The House of Representatives has the right to direct government on matters of general concern. If the government is unable to comply with such directives, it has to justify them to the House. (68)
The Prime Minister may submit to the Majlis al-Shura a request for confidence in the Government on the occasion of adopting a new policy or defending it. (66)	Within a maximum of twenty five days of the formation of the new government, the prime minister must present to the House of Representatives his government’s programme in order to obtain a vote of confidence … The inability of the government to win a majority vote means withholding of confidence … (72)

Table 5: Status of prime minister

YAR, 1971	Unified state, 1990
The Prime Minister nominates the members of his Cabinet with the approval of the Republican Council and seeks the confidence of the Majlis al-Shura after the presentation of his Government’s political programme. (97)	In consultation with the Presidential Council, the Prime Minister chooses the members of his cabinet, and seeks the confidence of the House of Representatives on the basis of a programme he submits for this purpose. (104)

Table 6: Powers of the Presidential Council's chairman

YAR, 1971	Unified state, 1990
All resolutions issued by the Republican Council, in order to be executed, shall be signed jointly by the Prime Minister and the Minister concerned, with the exception of the resolution appointing the Prime Minister or accepting his resignation. (92)	The Chairman of the Presidential Council shall manage the affairs of the Council, and sign its decisions. (98)
The Chairman of the Republican Council concludes treaties which shall have the force of law after being approved by the Republican Council and Council of Ministers and ratified by the Majlis al-Shura and published in accordance with established procedures. (89)	The Chairman of the Presidential Council shall represent the Republic in its foreign relations. (99)
The Chairman of the Republican Council has the right to summon the Republican Council and the Council of ministers to a joint meeting whenever this is necessary and to preside at such meetings. (86)	The Chairman of the Presidential Council has the right to demand reports from the Prime Minister concerning the implementation of the duties of the House of Representatives. (100)

Table 7: Powers of the Presidential Council

PDRY, 1970	Unified state, 1990
1. To represent the Republic at home and abroad.	1. To represent the Republic at home and abroad.
2. To call elections.	2. To call elections and referendums.
3. To nominate the prime minister and cabinet.	3. To nominate the prime minister and issue a decree naming the cabinet.
	4. To lay down the general policy of the state jointly with the government, and oversee its implementation.
	5. To call the cabinet to a joint meeting with the Presidential Council, as the need arises.
4. To appoint members of the Supreme Council for National Defence.	6. To name members of the National Defence Council according to the law.
5. To propose draft legislation and promulgate laws passed by parliament.	7. To promulgate the laws passed by parliament and the Presidential Council, and to issue regulations for their implementation.
6. To appoint and dismiss senior state officials, military officers, Supreme Court judges and the Attorney-General.	8. To appoint and dismiss senior state officials and military or police officers according to the law.
	9. To establish military ranks according to the law.
7. To award decorations.	10. To award decorations.
8. To approve treaties not requiring ratification by parliament.	11. To issue decrees endorsing agreements and treaties approved by parliament, or to ratify agreements not requiring parliamentary approval if approved by the Cabinet.
9. To appoint or recall the Republic’s diplomatic representatives.	12. To establish diplomatic delegations abroad and to appoint or recall ambassadors according to the law.
10. To accredit diplomatic representatives of foreign countries.	13. To accredit diplomatic representatives of foreign countries and organisations.
11. To grant amnesty or asylum.	14. To grant political asylum.
12. To declare a state of emergency and general mobilisation or a state of national defence. (92)	15. To declare a state of emergency and general mobilisation according to the law.
	16. Any other functions stipulated in the constitution. (94)

Table 8: State of emergency

PDRY, 1970

Unified state, 1990

The Chairman of the Republican Council declares war or a state of emergency, accepts an armistice or peace following the approval of the Republican Council and the Council of Ministers and the Majlis al-Shura. (90)

The Presidential Council declares a state of emergency by a republican decree according to the law. The House of Representatives shall be called to session within one week and be presented with the declaration of emergency. If the House of Representatives is dissolved, then the old House of Representatives is called to session. If the House is not called to session, or the declaration of emergency has not been presented to it, then the state of emergency shall cease to exist according to the constitution. In all cases, a state of emergency is declared only in circumstances of war, internal sedition, or natural disasters. Its duration must be specified, and may not be extended, except with the approval of the House of Representatives. (97)

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Last revised on 06 August, 2015