Constitution of Syria
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Constitution of Syria | |
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Ratified | March 13, 2025 |
Supersedes | 2012 Constitution of Ba'athist Syria |
Full text | |
Syria has had various constitutions, the first being the Syrian Constitution of 1930. A new interim constitution was adopted on 13 March 2025,[1][2] replacing 2012 constitution after the 2024 fall of the Assad regime.
History
[edit]Early constitutions
[edit]The Syrian Constitution of 1930, drafted by a committee under Ibrahim Hananu, was the founding constitution of the First Syrian Republic. The constitution required the President to be of Muslim faith (article 3). It was replaced by the Constitution of 5 September 1950, which was restored following the Constitution of 10 July 1953 and the Provisional Constitution of the United Arab Republic.
Constitutions of Ba'athist Syria
[edit]Following the 1963 Syrian coup d'état, the first decision of the "Revolution Command Council," chaired by Lu'ay al-Atassi, was to suspend the provisional constitution of the United Arab Republic, arrest President Nazim al-Qudsi and Prime Minister Khalid al-Azm, and impose a state of emergency that lasted for 48 years until it was lifted in April 2011.[3] A new Provisional Constitution was adopted on 25 April 1964 which itself was replaced by the Provisional Constitution of 1 May 1969.
Constitution of 1973
[edit]A new constitution was adopted on 13 March 1973 and was in use until 27 February 2012. The constitution officially entrenched the power of the Arab Socialist Ba'ath Party, with its 8th article describing the party as "the leading party in the society and the state", outlining its political system as a one-party state under the Ba'ath party.[4] The constitution has been amended twice. Article 6 was amended in 1981.[5] The constitution was last amended in 2000 when the minimum age of the President was lowered from 40 to 34.[6]
Constitution of 2012
[edit]Following the 2011 Syrian revolution, the Syrian government drafted a new constitution and put it to a referendum on 26 February 2012, which was unmonitored by international observers. The modifications in the constitution were cosmetic and part of the Ba'athist government's response to the nationwide protests. Since the move monopolized the power of the Government of Syria and was drafted without consultation outside loyalist circles, Syrian opposition and revolutionary parties boycotted the referendum, resulting in very low participation as per government data.[7] The referendum resulted in the adoption of the new constitution, which came into force on 27 February 2012.[8] This constitution will be phased out once the new constitution by the Syrian transitional government takes place.[9]
On 23 January 2017, Russian diplomats presented a draft constitution for a new Syrian constitution which was rejected by the opposition delegates.[10][11]
The constitution ceased to be in effect after the fall of the Assad regime on 8 December 2024 and was officially suspended on 29 January 2025.[12]
2025 interim constitution
[edit]On 29 January 2025, during the Syrian Revolution Victory Conference, Hassan Abdel Ghani, spokesman for the Military Operations Command, announced the dissolution of the 2012 Syrian constitution. Syrian Transitional Government President Ahmed al-Sharaa stated he would issue a "constitutional declaration" to serve as a "legal reference" pending a new constitution.[13]
On 12 February 2025, the transitional government announced the formation of a preparatory committee for the then upcoming Syrian National Dialogue Conference, comprising seven members: Hassan al-Daghim, Maher Alloush, Mohammed Mastet, Youssef al-Hijr, Mustafa al-Mousa, Hind Kabawat, and Houda Atassi.[14] On 2 March 2025, President Al-Sharaa declared the establishment of a committee tasked with drafting a constitutional declaration to guide the country's transition following the ousting of the Assad regime.[15] On 13 March 2025, President Al-Sharaa ratified the interim constitution, which will be valid for five years.[1][2]
The constitution sets a presidential system with the executive power at the hands of the president who appoints the ministers.[16] This constitution enshrines Islamic law as the main source of jurisprudence while preserving freedoms of opinion and expression.[17] The People's Assembly has been established to serve as an interim parliament during the five-year transition, overseeing the drafting of a new permanent constitution.[18] The president appoints one third of the members of the People's Assembly as well as the judges of the constitutional court without the need to receive a confirmation from the parliament.[19]
References
[edit]- ^ a b "Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years". CNN. Retrieved 13 March 2025.
- ^ a b "Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years". The Washington Post. 13 March 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Assad ends five decades of emergency rule". France 24. 21 April 2011.
- ^ "Syria's Assad to 'End' One-Party Rule". ibtimes.com. 15 February 2012. Retrieved 15 April 2018.
- ^ "Amending the Syrian constitution... Achieving a quota or reaching a solution?". 18 June 2018.
- ^ "Amending the Syrian constitution... achieving a quota or reaching a solution?". Enab Baladi. 18 June 2018. Retrieved 3 June 2020.
- ^ Szmolk, Inmaculada (2017). Political Change in the Middle East and North Africa: After the Arab Spring. Edinburgh, United Kingdom: Edinburgh University Press. pp. 132–133. ISBN 978-1-4744-1528 6.
- ^ "Presidential Decree on Syria's New Constitution". Syrian Arab News Agency. 28 February 2012. Retrieved 28 February 2012.
- ^ "Syrian opposition leader says state institutions will be preserved in 18-month transition". Middle East Eye. Retrieved 8 December 2024.
- ^ "Syrian Arab Republic 2017 Constitution - Constitute". www.constituteproject.org. Retrieved 1 December 2023.
- ^ "Key points of the Russian proposal for Syria's new constitution". alarabiya.net. 26 January 2017.
- ^ "Syria suspends constitution, declares Ahmed al-Sharaa transitional president". al monitor. 29 January 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Syria's interim president vows to preserve 'civil peace' in first address". France24. 30 January 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Syrian Negotiating Committee and Coalition Prepare for Dissolution in Meeting with President Sharaa". Syrian Observer. 13 February 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Syria forms committee to draft constitutional declaration for country's transition". Anadolu Agency. 3 March 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Syria's new constitution gives sweeping powers, ignores minority rights". rfi. 14 March 2025. Retrieved 15 March 2025.
- ^ "Syria keeps role for Islamic law in 5-year transition". Reuters. 13 March 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years". Associated Press News. 13 March 2025. Retrieved 13 March 2025.
{{cite web}}
: CS1 maint: url-status (link) - ^ Ward, Euan (14 March 2025). "Syria Has a New Temporary Constitution. Here Are the Highlights". NY Times. Retrieved 15 March 2025.
External links
[edit]- The 1930 Syrian Constitution (in its French version) is integrally reproduced in: Giannini, A. (1931). Le costituzioni degli stati del vicino oriente. Istituto per l'Oriente.
- Constitution of Syria (1973) at the International Constitutional Law (ICL) Project
- Constitution of Syria (2012) (CC-BY-licensed English translation by Qordoba)
- Constitution of Syria (2012) (English translation by the Syrian Arab News Agency)
- "الرئيسية". jle.gov.sy.