Journal of Human Security

Royal Legislative Authority under Saudi Arabia’s Basic Law of Governance: Constitutional Foundations, Institutional Dynamics, and the Scope of Exceptional Powers

Mohamed W. Abouyounes
Associate professor of Constitutional and Administrative law, Jeddah College of Law - University of Business and Technology.

Abstract

This study investigates the legislative authority vested in the King of the Kingdom of Saudi Arabia under the Basic Law of Governance. Although previous scholarship has predominantly examined the institutional configuration of the Saudi political system, comparatively less scholarly attention has been devoted to the King’s position as a principal source of legislative action in both ordinary governmental circumstances and exceptional situations. Using a doctrinal and analytical methodology, the research examines the constitutional basis of the King’s legislative competence and the institutional mechanisms through which that competence is exercised. The analysis demonstrates that the Saudi constitutional order embodies an integrated model of governance. Although legislative functions are formally allocated across several state institutions, the King retains a determining position in the exercise and consolidation of legislative authority. Within this framework, particular consideration is given to the legal distinction between Royal Orders and Royal Decrees, which operate as separate instruments through which binding norms are formulated within the Saudi legal system. The research also considers the extent of the King’s powers during exceptional circumstances recognised under the Basic Law and assesses their relationship with wider constitutional principles concerning the exercise of emergency authority. From a comparative constitutional perspective, the Saudi arrangement is therefore examined as a hybrid constitutional model that does not conform fully to conventional systems founded upon a rigid separation of governmental powers. The findings indicate that the centralisation of legislative authority in the King fulfils both functional and structural objectives. It facilitates effective and decisive governmental action while simultaneously generating significant issues concerning institutional equilibrium and the clarity of legislative procedures. The study consequently highlights the need for further doctrinal development, particularly regarding the functions of consultative institutions and the constitutional regulation of powers exercised under exceptional circumstances.

Keywords: The King, Saudi Constitution, Basic Law of Governance, Regulatory Authority, Executive Authority, Saudi Laws. ,