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Conclusion

The constitution-making of Cambodia in 1993 has its own story as prescribed above. The story of this constitution-making covered all Cambodian aspects in this modern era. Cambodian people who are the masters of their nation's destiny and all other state bodies have expressed their strong intention to uphold the democracy, human rights, and rule of law as enshrined in this Constitution.

Respect for the Constitution and awareness of the constitutional principles are among the most important obliga­tions for all state institutions and the Cambodian people. In short, the making of the Constitution in Cambodia can be briefly concluded as follows:

i. The constitution-making in 1993 is the outcome of the peace-finding

process to extinguish two decades of war and conflict in Cambodia, hence this Constitution is considered as a compromise constitution alongside the process of setting up a code of conduct for all Cambodian factions in the conflict to rehabilitate the national reconciliation, the national unity, the national solidarity, and the peace, towards an independent and sovereign Cambodia for its sustainable development.

ii. The 1993 Cambodian Constitution was established through the democratic mechanism of its processes in the collaboration of the United Nations and Cambodian people (the Constituent Assembly) at all stages concerning the peace-finding process (the Paris Peace Agreement in 1991), the universal election in 1993, the formation of the Constituent Assembly, the debate, and the adoption, etc.

iii. The 1993 Cambodian Constitution was adopted by the majority of Cambo­dian citizens, who expressed their common will to re-build their beloved nation to be once again the ‘Oasis of Peace' on the path of liberal multi-party democracy, the constitutional monarchy, and the rule of law. This common will shall remain long lasting in the sentiments of the Cambodian people.

iv. The 1993 Cambodian Constitution was established by Khmer intelligence (the Constituent Assembly), who clearly understood their social context and all concerned issues of their nation, so they were able to merge[971] the modern values of the universal constitutionalism and Khmer values of local constitu­tionalism in order to guarantee the long-lasting existence of this Constitution.

v. The 1993 Cambodian Constitution is the most important primary source of law containing the constitutional quality and constitutional capacity that are both suitable for the Cambodian context. These two main constitu­tional substances are also mutually bound with recent conduct of a strong political system by the three branches of the powers. The 1993 Cambodian Constitution contains enough constitutional energy for maintaining peace, stability, national unity, and sustainable development for Cambodia.

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Source: Bui Ngoc Son, Malagodi Mara (eds.). Asian Comparative Constitutional Law, Volume 1: Constitution-Making. Hart Publishing,2023. — 495 p.. 2023
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