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dc.contributor.advisorMcCarthy, Stephen
dc.contributor.advisorHalvorson, Daniel
dc.contributor.authorWest, Lucy
dc.date.accessioned2018-11-01T00:26:11Z
dc.date.available2018-11-01T00:26:11Z
dc.date.issued2018-05-30
dc.identifier.urihttp://hdl.handle.net/10072/381010
dc.description.abstractRule of law objectives have assumed an integral role in post-Cold War democratisation initiatives and state-building operations. More than US$10 billion has been spent by the international community on democratic state-building in Cambodia since the Paris Peace Agreements (PPA) were signed in 1991 and the deployment of the United Nations Transitional Authority in Cambodia (UNTAC) (1992-93). While the 1993 Constitution of the Kingdom of Cambodia provides for a democratic government with separation of powers, judicial independence and human rights guarantees consistent with international legal instruments, Cambodia continues to rank poorly in international indices of the rule of law. This dissertation investigates the deficient application of the rule of law in Cambodia against the standard provided for by the text of the 1993 Constitution and the legal-institutional framework it established. The study assesses Cambodia’s performance in this area of governance against a conceptual framework for a ‘thin’, procedural rule of law consistent with the country’s civil law system and institutional structure. To investigate the rule of law in Cambodia, interviews were conducted with spokespersons for the Council of Ministers and the Ministry of Justice, National Assembly members, judges, lawyers, international and local non-government organisations, independent researchers and foreigners working within the Cambodian legal sector. The dissertation argues that the deficient application of the rule of law in Cambodia is attributable to the combination of the country’s political culture of patron-clientelism and the legal-institutional framework established during the UNTAC period. The dissertation finds that despite decades of internationally-sponsored good governance and judicial reform efforts, Cambodia is deficient across all indicators of a thin rule of law. The constitutional arrangements established during the UNTAC period provide for a parliamentary system, where the executive is embedded in the legislature, and the basic framework for a civil law system, which remains underdeveloped. In the Cambodian political context, this enables control of the legislature by the hegemonic Cambodian People’s Party (CPP). In a civil law system, the purpose of the judiciary is to give expression to the will of the legislature, as statutes are the primary source of law. The legal system in Cambodia, in turn, gives expression to the will of the CPP. The result of this is endemic corruption and political interference in the judiciary according to international standards of good governance and the rule of law.en_US
dc.languageEnglish
dc.language.isoen
dc.publisherGriffith University
dc.publisher.placeBrisbane
dc.subject.keywordsContemporary Cambodiaen_US
dc.subject.keywordsPolitical cultureen_US
dc.subject.keywordsLegal-institutional frameworken_US
dc.subject.keywordsUnited Nations Transitional Authority in Cambodia (UNTAC)en_US
dc.subject.keywordsCorruptionen_US
dc.subject.keywordsPolitical interferenceen_US
dc.titleThe Confines of the Rule of Law in Contemporary Cambodia: Political Culture and Legal-Institutional Frameworken_US
dc.typeGriffith thesisen_US
gro.facultyGriffith Business Schoolen_US
gro.rights.copyrightThe author owns the copyright in this thesis, unless stated otherwise.
gro.hasfulltextFull Text
dc.contributor.otheradvisorMorgenbesser, Lee
gro.thesis.degreelevelThesis (PhD Doctorate)en_US
gro.thesis.degreeprogramDoctor of Philosophy (PhD)en_US
gro.departmentSchool of Govt & Int Relationsen_US
gro.griffith.authorWest, Lucy


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