The article explains the features of the Constitution of Qatar, its main characteristics, which reveal the principles of building a system of government in the specified state, the state of human rights, and other nuances. It is shown that the Constitution of Qatar of 2003 does not define the form of government of the country, although at the same time it calls Qatar a democratic country, motivating such a declaration by the recognition of the principle of separation of powers, the people as the source of power, the presence of a legislative body − parliament, the rights and freedoms of citizens, in particular, the right to vote and be elected, the principles of justice, equality and freedom. It is emphasized that even a cursory glance at the content of the Constitution shows a blatant inconsistency with the reality of the stated «arguments». In particular, the name of the Consultative Council, actually appointed by the Emir, parliament and legislative body, appears contradictory and illogical, as does the principle of separation of powers provided that all powers are concentrated in the hands of the Emir and the obvious superiority of the executive branch over the so-called legislative branch. The claims about the people as the source of power, only five percent of whom, moreover, only men, can participate in the vote in accordance with the law written by the emir, as well as the proclaimed rights and freedoms in the absence of a legal mechanism for their implementation and the official transfer of the interests of the population to the last row of state policy tasks, are also completely false. In fact, Qatar is an absolute monarchy in the form of an emirate, that is, a kingdom or principality, the origin of which is of a mixed, hereditary and appointed nature. The conclusion about the transition of the form of government of Qatar from an absolute monarchy to a dual monarchy as a result of the 2003 referendum is refuted. The conclusion is made about the declarative nature of the constitution of Qatar, which turned out to be necessary, firstly, for the legal consolidation of the independent rule of the dynasty of Hamada bin Khalifa bin Hamada bin Abdullah bin Jassim on the unshakable basis of Sharia, and secondly, for ensuring the apparent compliance with the requirements of the League of Arab States and the globalization process.
О. В. Зінченко (Mon,) studied this question.
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