Legislation and Legal Opinion Commission - Tasks and duties
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Tasks and Duties

The Legislation and Legal Opinion Commission is an independent body of a judicial nature. It was established in 1970, and it went through several stages of development to reach its complete independence from the executive authority and strengthen its judicial nature. The Commission has been specialized in three main competencies since its establishment until now: expressing legal opinions, preparing and drafting legislation, and reviewing contracts, which are the competencies stipulated in the Constitution of the Kingdom of Bahrain.

Since the Royal Decree and its keenness to attach the Election and Referendum Directorate to the Commission in 2007 so that the body concerned with organizing the electoral process enjoys complete independence from the executive authority, the Commission has been keen to ensure that the logistical and technical equipment is surrounded by the necessary guarantees and standards to provide a neutral and transparent environment that guarantees the establishment of a free and fair electoral process. At all stages, based on the nature of the judicial body.

The Legislation and Legal Opinion Commission is responsible, in particular, for the following:

  1. Developing proposals to amend the constitution and proposals for laws referred by the Shura Council and the House of Representatives to the government in the form of a draft amendment to the constitution or a draft law. The Commission must submit the proposal, after drafting it, to the government within three months from the date of its referral to it so that the government can express its comments on it and submit it to the Council of Representatives within the periods specified in Article 92 of the Constitution.
  2. Preparing and drafting draft laws referred to by the Cabinet or the competent ministries, as well as decrees, regulations, and executive decisions of the laws.
  3. Interpreting the texts of laws and decrees by laws, based on a request from the Prime Minister, the Speaker of the Shura Council, or the Speaker of the Council of Representatives.
  4. Settle any dispute over the interpretation of a text in laws or decrees of laws between the government represented by the Cabinet and the Shura Council and the House of Representatives, or one of them, or between the two councils. The decision issued shall be reasoned and binding on the parties if it is issued based on their request.
  5. Expressing an opinion on legislative and other legal matters that the Speaker of the Council of Representatives or the Speaker of the Shura Council deems appropriate to refer to it because of their importance.
  6. Preparing and reviewing the forms of international treaties and agreements that the state concludes or joins, to ensure that they do not violate the constitution, that they do not conflict with the state’s sovereignty, and to clarify the extent of their agreement with applicable laws, decrees, and regulations, and to express an opinion on the legal procedures necessary to conclude or join these international treaties and agreements.
  7. Expressing a legal opinion on matters referred to it directly from the Cabinet, or from ministries, institutions and public bodies after the approval of the Cabinet, which relate to the application of applicable laws, decrees, regulations and executive decisions.
  8. Settle any dispute between ministries, institutions, public bodies, or between these bodies and each other, after the approval of the Cabinet, as well as disputes between independent bodies regulated by law, or between them and other ministries, institutions, or public bodies. The decision issued in These cases are reasoned and binding on the parties if it was issued at their request.
  9. Expressing an opinion on contracts concluded by ministries, institutions, public bodies, and entities subject to the law regulating government tenders, auctions, purchases, and sales, regarding the legal issues they raise. It is not permissible for any of the ministries, institutions, public bodies and entities referred to in the previous paragraph to conclude a contract whose value exceeds three hundred thousand dinars without reviewing it with the Commission.
  10. Reviewing the incorporation contracts and bylaws of commercial companies that the law stipulates that their incorporation should be by decree.
  11. Compilation of international laws, treaties and agreements issued in the country or in force therein.
  12. Representing the state or participating in its representation in international and local conferences and seminars to discuss international laws, treaties and agreements, if assigned to do so.