Constitution of Syria

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. It was eventually replaced by the Provisional Constitution of 25 April 1964 which itself was replaced by the Provisional Constitution of 1 May 1969.

A new constitution was adopted on 13 March 1973 and was in use until 27 February 2012. It entrenched the power of the Arab Socialist Ba'ath Party, its §8 describing the party as "the leading party in the society and the state", even if Syria was not, as is often believed, a one-party system in formal terms.[2] The constitution has been amended twice. Article 6 was amended in 1981.[3] The constitution was last amended in 2000 when the minimum age of the President was lowered from 40 to 34.[4]

Following the 2011 Syrian revolution, Syrian government drafted a new constitution and put it to referendum on 26 February 2012, which was unmonitored by international observers. The modifications in the constitution were cosmetic and part of Ba'athist government's response to the nation-wide protests. Since the move monopolized 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.[5] The referendum resulted in the adoption of the new constitution, which came into force on 27 February 2012.[6]

Notable changes in the constitution include:

• It abolished the old article 8, which had entrenched the power of the Ba'ath party. The new article 8 reads: "The political system is based on the principle of political pluralism, and rule is only obtained and exercised democratically through voting", while stating that legal mechanisms "shall regulate the provisions and procedures related to the formation of political parties"[9]
• In a new article 88, it limited the term of office for the president to seven years with a maximum of one re-election.[9][10] However, Bashar al-Assad is empowered to extend his mandate beyond this time-period as per article 87, which obliges the current President to continue his rule "if no new head of state is elected".[11]

Articles 83-150 of the new constitution increased the Presidential powers in the executive, legislature and judiciary. The executive role of the Syrian President presumes his control over all three branches, bestowing the President with unchecked powers through at least 21 articles. Some of the extraordinary powers bestowed by the 2012 Constitution that elevates the Presidential role include:[12][13][14]

• Article 97 bestows President with the authority to appoint and dismiss the Prime Minister, Council of ministers and their deputies.[15][16][17]
• "president of the republic formulates general policies of the state and oversees implementation." (Article 98).[18][19][20].

• Article 100 grants veto powers to the President to accept or reject laws passed by the legislature known as the People's Assembly[21][22]
• Article 101 charges President with the power to "pass decrees, decisions and orders". Article 113 also stipulates that the President has powers to bypass the People's Assembly to pass laws[23][24]
• Article 103 entrusts the President with the power to declare or repeal a "state of emergency" during a session with his Council of Ministers[25]
• Article 105 designates the President as "Commander in Chief of the army and armed forces" who enjoys its "absolute authority" and directly oversees "all the decisions necessary to exercise this authority."[26][27][28] These include "decisions regarding military power, declaring war and concluding peace agreements (article 102)"[29]
• "President of the Republic appoints civilian and military employees and ends their services" (Article 106)[30]
• "The President of the Republic concludes international treaties and agreements and revokes them" (Article 107)[31]
• Article 111 entitles the President to "dissolve the People’s Assembly" as per his orders[32][33][34]
• Article 112 enables the President to propose legislation to the parliament[35]
• Article 113 charges the President with the role of legislative authority if the parliament is not in session and also during the parliamentary sessions “if absolute necessity requires”.[36]
• Article 114 allows the President to take quick, extra-ordinary measures if he determines the country to be in "grave danger"[37][38]
• President can establish "special bodies, councils and committees" which operate independently of the constitutional structures (Article 115)[39][40]
• "the president of the council of ministers, his deputies and ministers are responsible before the president." (Article 121)[41]
• Article 124 empowers the President to refer the prime minister and his Council of ministers to a court of law for civil or criminal offenses. An indictment results in their suspension, and may also be accompanied by dismissal if the President decides so.[42][43]
• "Supreme Judicial Council is headed by the President of the Republic" (Article 133)[44]
• Article 141 sub-ordinates the Supreme Constitutional Court to the President[45]