Memorandum
Regarding the legal instruments recognized by the
legal system of the Kingdom of Bahrain

The Constitution:

The Constitution is a collection of texts that that regulate the fundamental powers of the state, namely, the executive, legislative, and judicial authorities and define the role of each, while also determining the essential components of society, and establishing the rights and duties of individuals. The constitutional texts form the basis of every legal principle that follows, as the Constitution is the highest law in the state. The Constitution of the Kingdom of Bahrain was issued on December 6th, 1973, and some constitutional amendments reflecting the joint will of the King and the people were made in 2002.

The Law:

The law refers to the legislative texts passed by the Shura Council and the Council of Representatives and ratified by the King. According to Article 31 of the Constitution, the regulation and determination of the public rights and freedoms mentioned in the Constitution can only be done by law or based on it, noting that it is not permissible for such regulation or determination to violate the essence of the right or freedom.

The Legislative Decree:

The term "Legislative Decree" refers to the legislative texts issued by the King between the sessions of the Shura Council and the Council of Representatives, or during the period of the dissolution of the Council of Representatives if the situation requires urgent action that cannot be delayed. These decrees have the force of law, provided that they are not in violation of the Constitution, and they are presented to Parliament within the deadlines specified in Article (38) of the Constitution. If they are not presented, their force of law ceases, and if they are presented and not approved by the two councils, their force of law also ceases. Laws and legislative decree come after the constitutional texts in the hierarchy, and therefore must be issued in accordance with the provisions of the Constitution in text and spirit.

Decree:

A decree is a tool by which the King exercises his powers, as conferred by the Constitution, through ministers. Decrees are issued by the King after the signatures of the Prime Minister and the relevant ministers, as the case may be. Decrees are the instruments to issue decrees necessary for the implementation of laws, and a law may prescribe a lower instrument than a decree to issue the regulations necessary for its implementation. Decrees are also used to issue administrative orders and regulations necessary for the regulation of departments and public administrations ("Establishment and Regulation of Ministries"). "Article 39" of the Constitution. While regulations are considered administrative acts in form, since they are issued by the executive authority (the King and Government), they resemble laws in their generality and abstraction. Therefore, administrative bodies must comply with their provisions.

Royal Decree:

Royal decree is an instrument by which the King exercises the powers granted to his majesty by the Constitution solely through royal decrees. Examples of this include the royal decree to hold elections for the Council of Representatives, and the royal decree to convene the National Assembly, as specified in Article 42 of the Constitution. It should be noted that these decrees were previously referred to as "Amiri Decrees" before the Constitution was amended. The issuance of royal decrees and orders must adhere to the limits and provisions set forth in the Constitution and laws.

Decisions:

Decisions are one of the instruments by which the government exercises its powers and functions. These decisions are issued by the Cabinet, the Prime Minister, or ministers, or heads of public bodies and institutions, or their management councils, all within the specified fields defined by the provisions of laws. Decisions are divided into organizational decisions (i.e.: regulations), such as the ministerial decision issued by the Minister of Commerce to issue the executive regulation of the Companies Law, or individual decisions, such as the decision to appoint a number of employees to public positions, or decisions to promote or discipline them, and the like. It should be noted that it is necessary to adhere to the limits of the legal texts when issuing decisions, whether organizational or individual, otherwise the party concerned may resort to the judiciary, seeking a ruling to invalidate the decision that contravenes the law.

It is worth noting that before the issuance of the Constitution in 1973, the general rules regulating the rights, freedoms and activities of individuals were issued in the form of legislative decrees. Examples include Legislative Decree No. (6) of 1970 regulating the registration of births and deaths, Legislative Decree No. (4) of 1971 approving the State's general budget for the fiscal year 1971, and Legislative Decree No. (7) of 1971 regulating the practice of human medicine and dentistry. These legislative decrees were issued by the ruler of Bahrain at the time in conjunction with the government, whether it was called the State Council or as later called the Council of Ministers. Additionally, a number of general rules were issued before independence in the form of “Declarations” such as Declaration No. (34) of 1931 issued by the ruler of Bahrain regarding the disposal of the finances and properties of any deceased person. From the foregoing, we conclude that the legal system in the Kingdom of Bahrain, like other similar constitutional systems, uses various terms, including the Constitution, Law, Legislative Decree, Decree, Royal Decree, and Decision, to denote the meanings explained next to each of them. The Constitution is considered the supreme law in the Kingdom and the basis for every legal rule that follows it in rank, in accordance with the manner explained in this memorandum.

Legislation and Legal Opinion Commission