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Overview of the Government of Saudi Arabia
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The Basic Law of Governance
Saudi Arabia is governed as a monarchy in which sovereignty resides in the lineage of its founder, King Abdul-Aziz Al-Saud. Ascendancy to rulership is contingent upon adherence to the Quran and the Sunnah of Prophet Muhammad, peace be upon him, with the most virtuous among the descendants earning allegiance.
The King functions as both the head of government and the monarch, tasked with promulgating and enforcing regulations, directing Saudi Arabia's general policies, and ensuring interagency coordination to foster unity and continuity across governmental functions. The Council of Ministers advises the King, comprising eminent officials and experts. This body is supported by various governmental entities, including the advisory Shura Council, which plays an integral role in the legislative process.
The King designates a Crown Prince who is solely committed to his princely responsibilities and additional tasks delegated by the King. In the event of the King's demise, the Crown Prince temporarily assumes royal powers pending the formal affirmation of allegiance.
The Saudi Arabia governance is structured around three primary powers: regulatory, Executive, and Judicial. These authorities execute their functions collaboratively in compliance with the Basic Law of Governance and supplementary regulations. The King acts as the paramount authority over these branches, ensuring a cohesive and orderly governance of Saudi Arabia.
The Executive Authority
The executive authority in Saudi Arabia is conferred upon the King, who is tasked with the administration of the country. He is supported by the Council of Ministers, which is responsible for the implementation of government policies and oversight of various governmental departments. The headquarters of the Council is located in Riyadh, and it consists of the Prime Minister, Saudi Cabinet members, and other ministers and advisors appointed by royal decree.
The Council of Ministers is pivotal in formulating both domestic and international policies, encompassing financial, economic, educational, and defense sectors, as well as overseeing all public affairs of Saudi Arabia. Additionally, it reviews decisions from the Shura Council and serves as the central hub for all financial and administrative affairs across ministries and governmental bodies. The Council holds comprehensive authority over the implementation and administration of policies, including:
- Monitor the implementation of laws, regulations and decisions
- Developing and organizing public interests
- Follow up on the implementation of the general development plan
- Establishing committees to evaluate the progress of governmental agencies or specific issues. These committees report their findings to the Council, which considers these results in accordance with legal provisions.
Members of the Council of Ministers are appointed and may be relieved from their positions through a royal decree, which also governs their resignations. The King retains the authority to dissolve and reconstitute the Council. Members must be Saudi nationals by descent, known for their integrity and competence, and must not have been convicted of crimes against religion or honor.
The term of office for the Council of Ministers is capped at four years, during which it may be reconstituted by a new royal decree. If a term concludes before a new council member is formed, the current member remains in office until the new member is duly appointed, ensuring uninterrupted governance.
The administrative framework of the Council of Ministers includes the General Secretariat and the Bureau of Experts. The Council's rules of procedure specify its administrative configurations, competencies, and operational protocols, which are designed to facilitate efficient and lawful governance.
Council of Political and Security Affairs
The Council addresses political and security issues within Saudi Arabia. The members of the Council are as follows:
- Minister of State for Foreign Affairs and Climate Envoy Adel Al-Jubeir
Council of Economic and Development Affairs
The council is concerned with the economic and development of Saudi Arabia. The members of the Council are as follows:
How Does The Executive Authority Work?
The Executive Authority within Saudi Arabia functions through the Council of Ministers, chaired by the King, who also serves as the President of the Council. Alternatively, one of his deputies may preside over the meetings. Resolutions adopted by the Council are finalized with the King's approval. Each minister acts as the head and primary authority of their respective ministry. The Council of Ministers is restricted from making decisions affecting a ministry without the presence of the minister concerned or their designated representative unless an urgent situation mandates otherwise.
The Council of Ministers’ meetings are considered valid when at least two-thirds of its members are present. Decisions made during these meetings only attain legal status upon receiving the majority approval of those present. In situations where votes are evenly split, the President of the Council, who typically is the King, holds the deciding vote. In exceptional circumstances, the validity of a Council meeting may be maintained with the presence of only half of its members. Under these conditions, decisions must be endorsed by two-thirds of the members present to be considered regular. The Prime Minister retains the authority to evaluate and determine the appropriateness of proceeding in such exceptional cases.
All decrees approved by the Council of Ministers must be published in the Official Gazette. These decrees become effective on the date of their publication, unless an alternative effective date is specified within the decree itself.
To view the list of the Saudi Ministries, click here.
The Regulatory Authority
The Shura Council, also known as the Consultative Assembly, serves as the regulatory authority within the government of Saudi Arabia. It possesses the authority to review, discuss, and recommend modifications to draft laws and regulations. Additionally, the Council evaluates international treaties and agreements and offers insights on general policies that the President of the Council of Ministers relayed. Its responsibilities include:
- Discusses and shares viewpoints about the general economic and social plan
- Reviews regulations and bylaws, evaluates international treaties and agreements and gives recommendations
- Interprets regulations
- Assesses the annual reports set forth by ministries and other government agencies and provides feedback
Decisions made by the Shura Council are submitted to the King, who determines their referral to the Council of Ministers. If the views of the Shura Council and the Council of Ministers align, they are enacted following the King's approval. Discrepancies between the two bodies result in further review and refinement by the Shura Council before resubmission to the King for a final decision.
he Shura Council consists of a President and 150 members, all of whom are appointed by the King based on their knowledge, experience, and competence. It is mandated that at least 20% of the Council's membership be comprised of women. The rights, duties, and affairs of the members are determined by a royal decree.
To qualify as a member of the Shura Council, an individual must be a Saudi national by descent and upbringing, well-known for their upright character and competence, and be at least 30 years old.
The Shura Council Law governs the competencies of The Chairman / Speaker of Council of the Shura Council,the Assistant Chairman of thef Council, his assistant, the Council's Secretary-General, and the Council members. It outlines the procedures for managing sessions, conducting operations, organizing committee work, and voting methods. Additionally, it stipulates the rules for discussion and argument, and other regulations to ensure discipline and control within the Council. The aim is to ensure that the Council exercises its powers for the benefit of Saudi Arabia and the welfare of its people. This regulation is issued by Royal Order.
The term of the Shura Council is four Hijri years, commencing from the date specified in the royal decree of its formation. A new council must be formed at least two months before the end of the current council's term. If the term concludes before the formation of a new council, the existing council will continue its duties until the new council is constituted. It is mandated that the new council must include new members occupying at least 50% of the seats.
- For more information about the Shura Council, Click here.
The Judiciary Authority
The Judiciary is an independent authority, distinct from the executive and legislative branches of government. Judges' decisions are not subject to any authority other than the authority of Islamic law. The judiciary is responsible for ensuring that the rule of law is upheld and that the rights of individuals and organizations are protected within the country's legal system. This legal system is based on Islamic law, known as Shari’ah, with the Qur'an and the teachings of Prophet Muhammad (Sunnah) as the main sources of legislation. The King appoints judges, who are required to have a thorough knowledge of Islamic law and are expected to interpret and apply the law fairly and impartially
Supreme Judicial Council
The Supreme Judicial Council consists of ten members: the President of the Supreme Court, four full-time judges with the rank of Appellate Court President, three Appellate Court members, a Deputy of the Ministry of Justice, and the Head of the Investigation and Prosecution Circuit. The Council oversees various duties, including the functional affairs of judges such as appointment, promotion, discipline, training, transfer, and termination of services. It also issues regulations related to these functional affairs and prepares a comprehensive report at the end of each year that includes the Council's achievements, obstacles, and proposals.
Courts
The judicial system comprises several courts, including specialized courts that handle cases related to civil and criminal issues. The highest court in the country is the Supreme Court, which is the final court of appeal for all cases.
1. The Supreme Court
The Supreme Court is at the top of the judicial hierarchy. It is entitled to evaluate any complaint filed against the court, making the contested decision without being a party to the litigation. In other words, the court acts as a contention rather than an enforcement court. Its primary goal is to assess the procedures used in the trial and the decision in terms of correct interpretation and application of Islamic laws, without regard for portraying the facts or judging the evidence.
2. First Instance Courts
The First Instance Courts are two grounds on which jurisdictional rules between Courts of First Instance are based:
Qualitative Jurisdiction: The Courts of First Instance adopt jurisdiction rules based on the nature of the issue, whether it is commercial, criminal, urgent, and so on, independent of the case's value.
Territorial Jurisdiction: The pertinent court focuses on the legal issues that arise in its geographic circuit.
3. Appellate Courts
After hearing the litigants' statements, the Courts of Appeal review the judgments issued by the Courts of First Instance in accordance with the measures described in Shari’ah Law and Criminal Procedure Regulations.
4. Enforcement Courts
The Enforcement Courts settle execution disputes regardless of their monetary value. They also have the authority to compel and supervise compliance. These courts are based on specialized circuits, each containing at least one judge.
Judges
To be appointed as a judge, the candidate must fulfill the following requirements:
- Be a Saudi national by descent.
- Be of good character and conduct.
- Be fully qualified to hold the position of judge in accordance with Shari’ah provisions.
- Hold a degree in Shari’ah from a college in Saudi Arabia or an equivalent certificate from abroad. In the latter case, the candidate must pass a special examination prepared by the Ministry of Justice.
- Be at least forty years old.
- Not have been condemned to a Qur’anic prescribed punishment, discretionary punishment, or for a crime damaging honor, or penalized by disciplinary action dismissing him from a public post (even if he was rehabilitated).
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