The establishment of any modern country depends on a number of factors. In my opinion, the most
important factor of these, is the existence of a society that believes in the establishment of this state as an
embodiment of its aspirations, in order to be able to defend it, after its political concepts formulates an
essential part of its culture such as the concept of freedom. Further, in order to achieve this, the society
shall believe in the concept that authority of people is the supreme authority, segregation of powers
principle, absolute rejection of ruling by an individual or a class. Moreover, each individual shall believe
in himself and his freedom, guardianship on him shall be cancelled, in addition to the right to revolt and
In order to achieve the same and establish the idea of the State of Law and Organizations, a certain factors
shall be available, represented in three main points, as follows:
1. Segregation of powers:
The segregation of powers is one of the most important constitutional principles stipulated by most
constitutions of the world, especially the democratic ones. As it contributed greatly in preservation of
freedoms and the prevention of tyranny and injustice, and has played a key role in the establishment or
construction of the rule of law.
This principle constitutes a guarantee to oblige the state to comply with the law, which would result in
"the appointment of an independent member to each of the functions of the State. There shall be a special
body of legislation, a special enforcement body and a third body of judiciary. If this is achieved, each
member will have a certain domain, and will not be able to transcend the domains of other members, and
there is no doubt that the segregation of powers prevents this transcendence, as powers limit powers.
If we look at the situation in the Sultanate of Oman, we will find that this principle is applied, as there is a
complete segregation between the three authorities, especially after the recent amendments to the Basic
Law of the country which gave the State Council the legislative and supervisory powers, this resulted in
great benefits for the Omani Al-Shura Council and constituted a paradigm shift towards a state that
depends on law and organizations, not individuals. The establishment of the municipal councils is a new
step in building a modern society and adds to the existing Shura approach based on the principle of
partnership, cooperation and institutional cooperation based on the citizen's role in building his country
and society and contributing to the various development programs. The elections of the municipal
councils for the first period were held on 22 December 2012 to select 192 members in the eleven
governorates of Sultanate of Oman. The participation rate in the elections reached 50.3% of the total
number of voters registered in the electoral record. Royal Decree No. 10/2013 has been issued to form a
third wheel of the of the government system, in addition to the legislative and executive authorities. This
decree represents a qualitative leap in the history of the Omani judiciary, which now enjoys full
independence to carry out its role of spreading justice and restoring rights.
2. Judiciary Supervisory
If the principle of segregation of powers is a form of political control, which means that each authority
has the means to reduce the arbitrariness or excess of other constitutional powers. Judicial supervisory is
the best way of safeguarding and protecting the rights and freedoms of individuals, both in terms of
compliance of executive or administrative authority with the law, or compliance of the legislative
authority with the Constitution.
The executive authority is subject to the provisions of the Constitution in accordance with the idea of
incorporating legal rules, where the provisions of the Constitution are the supreme rules that come at the
top of the pyramid of legal rules. Its actions and works must therefore conform, as an administrative
authority, not only to the provisions of the Constitution, but also to the provisions of other legal rules
applicable to ordinary laws and regulations based on the principle of legitimacy. The judiciary is the
guarantor to ensure that the executive authority (administration) respects these provisions through the
cancellation and compensation claims for their material acts and legal actions.
In Sultanate of Oman, the Administrative Judicature Court, which has been established under Royal
Decree No. 91/1999, practices its role as a guarantor to ensure that the State’s executive bodies respect the
applicable laws and regulations.
On the other side, we find that the work of the legislative authority also has to be within the provisions of
the Constitution, especially in the issuance of legislation. It cannot violate the provisions of the
Constitution, whether in text or spirit, through the laws issued thereunder. The provisions of the laws shall
be in conformity with the provisions of the Constitution, under the pretext of invalidity. In order to ensure
that the provisions of the laws are in conformity with the provisions of the Constitution, the
constitutionality of laws shall be supervised, either by filing a direct case or counter case to plead against
Accordingly, we realize that it is the appropriate time for Sultanate of Oman to establish a constitutional
court to act as a guarantor and supervisor on Legislative Authority, especially in terms of issuing
legislations that shall be in conformity with the Basic Law of Oman.
Dr. Hussein Bin Said Bin Seif Al Ghafri
3. Judiciary Independency
The independence of the judiciary is an illustration of the sovereignty of the State of law and
organizations. It depends on the actual existence of the other elements of the state of law and
organizations. There is no value to the Constitution, nor to the principle of segregation of powers, nor to
the declaration of individual rights and freedoms, except in the presence of judicial supervisory that
ensures respect for the provisions of the Constitution and other legal norms. The exercise by each
authority of its functions, ensures the protection of individual rights and freedoms within the principle of
segregation of powers. Such judicial supervisory is worthless, unless the independent judiciary exercises
The independence of the judiciary in all its forms (ordinary, administrative and constitutional), which is
essential for the establishment of the state of law and organizations, can only be achieved through: First:
the personal independence of the judges, this can be achieved through the manner in which the judges are
chosen, the immunity granted to them, especially being irremovable, the financial and administrative
system of promotion, transfer and discipline, in addition to rules of neutrality in the face of litigants.
Second: the functional independence of the judiciary is achieved through: prohibition of immunizing any
act of state authority from the control of the judiciary. The lack of interference by both the legislative and
executive authorities in the work of the judiciary, and to ensure respect for the legality and
implementation of judgements.
Article 60 of the Basic Law of Oman provides for that the judiciary shall be independent, its authority
shall be exercised by the courts in their different types and hierarchies, and their judgements shall be
rendered in accordance with the Law. Further, article 61 of the Basic Law provides stresses on the
personal and functional independence of judges, as it provides that there shall be no power over judges in
their ruling except for the Law. They shall be irremovable except in circumstances specified by the Law.
It is not permissible for any party to interfere in lawsuits or affairs of justice, and such interference shall
be considered a crime punishable by Law.