The manner in which a state divides power among those who execute the law shapes how citizens, investors, and public officials interact with government entities. In Oman, the Basic Statute of the State outlines how the powers are divided. The powers are allocated to the Council of Ministers, Majlis Oman, and the Judiciary. This blog will highlight how each of the three branches is defined under the Basic Statute and the limitations imposed on them.
The Executive Branch
The executive authority is exercised by the Sultan with the assistance of the Council of Ministers who are entrusted with implementing the public policy of the state. Under article 51 of the Basic Statute of the State in an effort to assist the Sultan, the Council of Ministers may advise on matters that concern the state, such as proposing draft laws and royal decrees. Additionally, the Council of Ministers has a duty to safeguard citizens’ access to necessary services, and to oversee that laws, decrees, and other legal instruments are properly implemented. Furthermore, ministers oversee the affairs of the units they head, implement government policy within them, and monitor how that policy is carried out, in accordance with article 58.
The Legislative Branch
Oman’s legislative body, Majlis Oman, is divided into two Majlis’s. Majlis Al-Dawla and Majlis Al-Shura. Article 72 allows Majlis Oman to debate the state budget and development strategies, enact and amend draft laws, whilst also suggesting draft laws of its own. While it does come with its limitations, this is a legitimate legislative function. As Majlis Oman does not sit year-round, article 73 permits the Sultan to issue decrees between the Majlis sessions or while the Majlis Al-Shura is dissolved. As a result, law-making is not the sole domain of the legislature.
The Judicial Branch
According to articles 77 and 78, judicial authority is autonomous, exercised by the courts, and judges cannot be removed unless specifically authorized by law, meaning it is not permitted for any entities to interfere with court affairs as it may lead to charges punishable by law. Additionally, article 85 mandates that the legislature appoint a body capable of determining whether laws, decrees, and regulations comply with Oman’s constitution, the Basic Statute of the State.
Limits on the Separation of Powers
All three powers are distinguishable on paper. However, all three ultimately trace back to a single source of authority, the Sultan. Majlis Al-Dawla members are appointed by the Sultan rather than being elected. Judicial appointments run through the Sultan, and judgments are made and carried out in his name in accordance with article 81. The key point to remember is that, unlike the traditional separation of powers model, which is most closely linked to Montesquieu, Oman’s Basic Statute clearly distinguishes functions but does not split the power into completely independent branches. It is closer, in some respects, to the British model, where distinct institutions work alongside one another without one holding power to override or restrain another.
Conclusion
Oman’s Basic Statute draws clear functional lines between its executive, legislative, and judicial institutions, even where those institutions ultimately answer to the same source of authority. We highly recommend reading the full text of the Basic Statute of the State on Decree to explore these provisions in greater depth on the link below:
