|
Back to: Constitutions
Lebanon
{
Adopted on: 23 May 1926. }
Preamble
a.
Lebanon is a sovereign, free, and independent country. It is a final
homeland for all its citizens. It is unified in its territory,
people, and institutions within the boundaries defined in this
constitution and recognized internationally.
b.
Lebanon is Arab in its identity and in its association. It is a
founding and active member of the League of Arab States and abides
by its pacts and covenants. Lebanon is also a founding and active
member of the United Nations Organization and abides by its
covenants and by the Universal Declaration of Human Rights. The
Government shall embody these principles in all fields and areas
without exception.
c.
Lebanon is a parliamentary democratic republic based on respect for
public liberties, especially the freedom of opinion and belief, and
respect for social justice and equality of rights and duties among
all citizens without discrimination.
d. The
people are the source of authority and sovereignty; they shall
exercise these powers through the constitutional institutions.
e. The
political system is established on the principle of separation,
balance, and cooperation amongst the various branches of Government.
f. The
economic system is free and ensures private initiative and the right
to private property.
g. The
even development among regions on the educational, social, and
economic levels shall be a basic pillar of the unity of the state
and the stability of the system.
h. The
abolition of political confessionalism is a basic national goal and
shall be achieved according to a gradual plan.
I.
Lebanese territory is one for all Lebanese. Every Lebanese has the
right to live in any part of it and to enjoy the sovereignty of law
wherever he resides. There is no segregation of the people on the
basis of any type of belonging, and no fragmentation, partition, or
colonization. j. There is no constitutional legitimacy for any
authority which contradicts the 'pact of communal coexistence'. This
Constitutional Law shall be published in the Official Gazette.
[Part] A. Fundamental Provisions
[Chapter] I. On the State and its Territories
Article 1 [Territory]
Lebanon is an independent, indivisible, and sovereign state. Its
frontiers are those which now bound it:
On the North: From the mouth of al-Kabir River, along a line
following the course of this river to its point of junction with
Khalid Valley opposite al-Qamar Bridge.
On the East: The summit line separating the Khalid Valley and al-Asi
River (Orontes) and passing by the villages of Mu'aysarah, Harbanah,
Hayt, Ibish, Faysan to the height of the two villages of Brina and
Matraba. This line follows the northern boundary of the Ba`albak
District at the northeastern and south eastern directions, thence
the eastern boundaries of the districts of Ba`albak, Biqa', Hasbayya,
and Rashayya.
On the South: The present southern boundaries of the districts of
Sūr (Tyre) and Marji`yun.
On the West: The Mediterranean.
Article 2 [Territorial Integrity]
No part of the Lebanese territory may be alienated or ceded.
Article 3 [Administrative Areas]
The boundaries of the administrative areas may not be modified
except by law.
Article 4 [Republic, Capital]
Greater Lebanon is a Republic the capital of which is Beirut.
Article 5 [Flag]
The Lebanese flag is composed of three horizontal stripes, a white
stripe between two red ones. The width of the white stripe is equal
to that of both red stripes. In the center of and occupying one
third of the white stripe is a green Cedar tree with its top
touching the upper red stripe and its base touching the lower red
stripe.
[Chapter] II. The Rights and Duties of the Citizen
Article 6 [Nationality]
Lebanese nationality and the manner in which it is acquired,
retained, and lost is to be determined in accordance with the law.
Article 7 [Equality]
All Lebanese are equal before the law. They equally enjoy civil and
political rights and equally are bound by public obligations and
duties without any distinction.
Article 8 [Personal Liberty, nulla poena sine lege]
Individual liberty is guaranteed and protected by law. No one may be
arrested, imprisoned, or kept in custody except according to the
provisions of the law. No offense may be established or penalty
imposed except by law.
Article 9 [Conscience, Belief]
There shall be absolute freedom of conscience. The state in
rendering homage to the Most High shall respect all religions and
creeds and guarantees, under its protection, the free exercise of
all religious rites provided that public order is not disturbed. It
also guarantees that the personal status and religious interests of
the population, to whatever religious sect they belong, is
respected.
Article 10 [Education, Confessional Schools]
Education is free insofar as it is not contrary to public order and
morals and does not interfere with the dignity of any of the
religions or creeds. There shall be no violation of the right of
eligious communities to have their own schools provided they follow
the general rules issued by the state regulating public instruction.
Article 11 [Official National Language]
Arabic is the official national language. A law determines the cases
in which the French language may be used.
Article 12 [Public Office]
Every Lebanese has the right to hold public office, no preference
being made except on the basis of merit and competence, according to
the conditions established by law. A special statute guarantees the
rights of state officials in the departments to which they belong.
Article 13 [Expression, Press, Assembly, Association]
The freedom to express one's opinion orally or in writing, the
freedom of the press, the freedom of assembly, and the freedom of
association are guaranteed within the limits established by law.
Article 14 [Home]
The citizen's place of residence is inviolable. No one may enter it
except in the circumstances and manners prescribed by law.
Article 15 [Property]
Rights of ownership are protected by law. No one's property may be
expropriated except for reasons of public utility in cases
established by law and after fair compensation has been paid
beforehand.
[Part] B. Powers
[Chapter] I. General Provisions
Article 16 [Legislative Power, One Chamber]
Legislative power is vested in a single body, the Chamber of
Deputies.
Article 17 [Executive Power, Council of Ministers]
Executive power is entrusted to the Council of Ministers to be
exercised it in accordance with the conditions laid down in this
constitution.
Article 18 [Bills]
The Parliament and the Council of Ministers have the right to
propose laws. No law shall be promulgated until it has been adopted
by the Chamber.
Article 19 [Constitutional Council]
A Constitutional Council is established to supervise the
constitutionality of laws and to arbitrate conflicts that arise from
parliamentary and presidential elections. The President, the
President of the Parliament, the Prime Minister, along with any
ten Members of Parliament, have the right to consult this Council on
matters that relate to the constitutionality of laws. The officially
recognized heads of religious communities have the right to consult
this Council only on laws relating to personal status, the freedom
of belief and religious practice, and the freedom of religious
education. The rules governing the organization, operation,
composition, and modes of appeal of the Council are decided by a
special law.
Article 20 [Judicial Power]
Judicial power is to be exercised by the tribunals of various levels
and jurisdictions. It functions within the limits of an order
established by the law and offering the necessary guarantees to
judges and litigants. The limits and conditions for the protection
of the judges are determined by law. The judges are independent in
the exercise of their duties. The decisions and judgments of all
courts are rendered and executed in the name of the Lebanese People.
Article 21 [Electoral Rights]
Every Lebanese citizen who has completed his twenty-first year is an
elector provided he fulfills the conditions laid down in the
electoral law.
[Chapter] II. The Legislative Power
Article 22 [Senate]
With the election of the first Parliament on a national,
non-confessional basis, a Senate is established in which all the
religious communities are represented. Its authority is limited to
major national issues.
Article 23 [Eligibility to the Senate]
{abolished 1927}
Article 24 [Electoral Laws]
(1) The Chamber of Deputies is composed of elected members; their
number and the method of their election is determined by the
electoral laws in effect. Until such time as the Chamber enacts new
electoral laws on a non-confessional basis, the distribution of
seats is according to the following principles:
a. Equal representation between Christians and Muslims.
b. Proportional representation among the confessional groups within
each religious community.
c. Proportional representation among geographic regions.
(2) Exceptionally, and for one time only, the seats that are
currently vacant, as well as the new seats that have been
established by law, are to be filled by appointment, all at once,
and by a majority of two thirds of the Government of National Unity.
This is to establish equality between Christians and Muslims as
stipulated in the Document of National Accord [The Taif Agreement].
The electoral laws will specify the details regarding the
implementation of this clause.
Article 25 [Dissolution]
Should the Chamber of Deputies be dissolved, the Decision of
dissolution must provide for the holding of new elections in
accordance with Article 24 and within a period not exceeding three
months.
Article 26 [Location of Government and Parliament]
The Government and the Chamber of Deputies shall be located in
Beirut.
Article 27 [Representation]
A member of the Chamber represents the whole nation. No
restriction or stipulation may be imposed upon his mandate by his
electors.
Article 28 [No Incompatibility]
A Deputy may also occupy a ministerial position. Ministers, all or
in part, may be selected from among the members of the Chamber or
from persons outside the Chamber.
Article 29 [Incompatibility by Law]
Cases in which persons are disqualified from becoming Deputies are
determined by law.
Article 30 [Validating Elections]
The Deputies alone have competence to judge the validity of their
mandate. No Deputy's mandate may be invalidated except by a majority
of two thirds of the votes of the entire membership. This clause is
automatically cancelled as soon as the Constitutional Council is
established and as soon as the laws relating to it are implemented.
Article 31 [Illegal Sessions]
Meetings of the Chamber outside those set for legal sessions are
unlawful and ipso facto null and void.
Article 32 [Ordinary Sessions]
The Chamber meets each year in two ordinary sessions. The first
session opens on the first Tuesday following 15 March and continues
until the end of May. The second session begins on the first Tuesday
following 15 Oct; its meetings is reserved for the discussion of and
voting on the budget before any other work. This session lasts until
the end of the year.
Article 33 [Extraordinary Sessions]
The ordinary sessions begin and end automatically on the dates fixed
in Article 32. The President of the Republic in consultation with
the Prime Minister may summon the Chamber to extraordinary sessions
by a Decree specifying the dates of the opening and closing of the
extraordinary sessions as well as the agenda. The President of the
Republic is required to convoke the Chamber if an absolute majority
of the total membership so requests.
Article 34 [Quorum]
The Chamber is not validly constituted unless the majority of the
total membership is present. Decisions are to be taken by a majority
vote. Should the votes be equal, the question under consideration is
deemed rejected.
Article 35 [Publicity]
The meetings of the Chamber are public. However, at the request of
the Government or of five Deputies, the Chamber may sit in secret
sessions. It may then decide whether to resume the discussion of the
same question in public.
Article 36 [Voting Process]
Votes are to be cast verbally or by the members standing, except for
elections when the ballot is secret. With respect to laws in general
and on questions of confidence, the vote is always taken by roll
call and the responses are made in an audible voice.
Article 37 [Vote of No-Confidence]
Every Deputy has the absolute right to raise the question of
no-confidence in the government during ordinary or extraordinary
sessions. Discussion of and voting on such a proposal may not take
place until at least five days after
submission to the secretariat of the Chamber and its communication
to the ministers concerned.
Article 38 [Reintroduction of Bills]
No Bill that has been rejected by the Chamber may be re-
introduced during the same session.
Article 39 [Indemnity]
No member of the Chamber may be prosecuted because of ideas and
opinions expressed during the period of his mandate.
Article 40 [Immunity]
No member of the Chamber may, during the sessions, be prosecuted or
arrested for a criminal offense without the permission of the
Chamber, except when he is caught in the act.
Article 41 [Re-election]
Should a seat in the Chamber become vacant, the election of a
successor begins within two months. The mandate of the new member
does not exceed that of the old member whose place he is taking;
however, should the seat in the Chamber become vacant during the
last six months of its mandate, no successor may be elected.
Article 42 [General Elections]
General elections for the renewal of the Chamber shall take place
within a sixty day period preceeding the expiration of its mandate.
Article 43 [Rules of Procedure]
The Chamber draws up its own internal rules and procedures.
Article 44 [First Session]
(1) Each time a new Chamber is elected, the Chamber meets under the
presidency of the oldest member and the secretariat or the two
youngest. It will then elect separately, by a secret ballot and by
an absolute majority of the votes cast, the President and the Vice
President of the Chamber to hold office for the length or the
Chamber's term. At the third ballot, a relative majority is
sufficient. Should the votes be equal, the oldest candidate is
considered elected.
(2) Every time a new Chamber or Deputies is elected, as well as in
the October session or each year, the Chamber elects two Secretaries
by secret ballot according to the majority stipulated in the first
part or this article.
(3) The Chamber may, once only, two years after the election or its
President and his Deputy, and in the first session it holds,
withdraw its confidence from the President of the Chamber or his
Deputy by a Decision of two thirds of the Chamber, based on a
petition signed by at least ten Deputies. The Chamber, at such
point, must hold an immediate session to fill the vacant post.
Article 45 [Presence]
Members of the Chamber may only vote when they are present at the
meeting. Voting by proxy shall not be permitted.
Article 46 [Parliamentary Order]
The Chamber has the exclusive right to maintain order in its
meetings through its President.
Article 47 [Petitions]
Petitions to the Chamber may not be presented except in writing.
They may not be presented verbally or at the bar of the Chamber.
Article 48 [Remuneration]
The remuneration of members of the Chamber is determined by law.
[Chapter] III. The Executive Power
[Section] 1. The President of the Republic
Article 49 [Presidential Powers]
(1) The President of the Republic is the bead of the state and the
symbol of the nation's unity. He shall safeguard the constitution
and Lebanon's independence, unity, and territorial integrity. The
President shall preside over the Supreme Defense Council and be the
Commander-in-Chief of the Armed Forces which fall under the
authority of the Council of Ministers.
(2) The President of the Republic shall be elected by secret ballot
and by a twothirds majority of the Chamber of Deputies. After a
first ballot, an absolute majority shall be sufficient. The
President's term is for six years. He may not be re-elected until
six years after the expiration of his last mandate. No one may be
elected to the Presidency of the Republic unless he fulfills the
conditions of eligibility for the Chamber of Deputies.
(3) It is also not possible to elect judges, Grade One civil
servants, or their equivalents in all public institutions to the
Presidency during their term or office or within two years following
the date of their resignation or their leaving office for whatever
reason.
Article 50 [Oath]
Upon assuming office, the President of the Republic shall take an
oath of fidelity before the Parliament to the Lebanese Nation and
the constitution in the following terms:
"I swear by Almighty God to observe the Constitution and the laws of
the Lebanese Nation and to maintain the independence of Lebanon and
its territorial integrity."
Article 51 [Promulgation of Laws]
The President of the Republic promulgates the laws after they have
been approved by the Chamber in accordance with the time limits
specified by the constitution. He asks for the publication or these
laws, and he may not modify these laws or exempt anyone from
complying with their provisions.
Article 52 [Negotiation of International Treaties]
The President of the Republic negotiates international treaties in
coordination with the Prime Minister. These treaties are not
considered ratified except after agreement of the Council of
Ministers. They are to be made known to the Chamber whenever the
national interest and security of the state permit. However,
treaties involving the finances of the state, commercial treaties,
and in general treaties that cannot be renounced every year are not
considered ratified until they have been approved by the Chamber.
Article 53 [List of Additional Presidential Powers]
1. The President presides over the Council of Ministers when he
wishes without participating in voting.
2. The President designates the Prime Minister in consultation with
the President of the Chamber of Deputies based on parliamentary
consultations which are binding and the content of which the
President formally discloses to the Prime Minister.
3. The President alone issues the Decree which designates the Prime
Minister.
4. He issues, in agreement with the Prime Minister, the decree
appointing the Cabinet and the decrees accepting the resignation
of Ministers.
5. He issues, on his own authority, the decrees accepting the
resignation of the Cabinet or considering it resigned.
6. He forwards to the Chamber of Deputies Bills that are delivered
to him by the Council of Ministers.
7. He accredits ambassadors and accept the credentials of
ambassadors.
8. He presides over official functions and grants official
decorations by Decree.
9. He grants particular pardons by Decree, but a general amnesty
cannot be granted except by a law.
10. He addresses, when necessary, letters to the Chamber of
Deputies.
11. He may introduce, from outside the agenda, any urgent matter to
the council of Ministers.
12. He may, in agreement with the Prime Minister, call the Council
of Ministers to an extraordinary session, whenever he deems this
necessary.
Article 54 [Countersignature]
The decisions of the President must be countersigned by the Prime
Minister and the Minister or Ministers concerned except the Decree
designating a new Prime Minister and the Decree accepting the
resignation of the Cabinet or considering it resigned. Decrees
issuing laws must be countersigned by the Prime Minister.
Article 55 [Dissolution of Parliament by Decree]
(1) The President of the Republic may, in accordance with the
conditions stipulated in Articles 65 and 77 of this constitution,
ask the Council of Ministers to dissolve the Chamber of Deputies
before the expiration of its mandate. If the Council, based on this
request, decides to dissolve the Chamber of Deputies, the President
issues the Decree dissolving it, and in this case, the electoral
bodies meets as provided for in Article 25, and the new Chamber is
to be called to convene within fifteen days after the proclamation
of the election.
(2) The administrative staff of the Chamber of Deputies continues to
function until the election or a new Chamber.
(3) If elections are not held within the time limit specified in
Article 25 of the constitution, the Decree dissolving the Chamber is
considered null and void, and the Chamber of Deputies continues to
exercise its powers according to the stipulations of the
constitution.
Article 56 [Promulgation Time Limits]
(1) The President of the Republic promulgates the laws which have
been adopted within one month of their transmission to the
Government. He must promulgate laws that were declared urgent by a
special Decision of the Chamber within five days.
(2) The President issues decrees and requests their promulgation; he
has the right to ask the Council of Ministers to review any Decision
that the Chamber has taken within fifteen days of the decision's
transmission to the Presidency. If the Council of Ministers insists
on the Decision or if the time limit passes without the Decree being
issued or returned, the Decision or Decree is considered legally
operative and must be promulgated.
Article 57 [Presidential Veto]
The President of the Republic, after consultation with the Council
of Ministers, has the right to request the reconsideration of a law
once during the period prescribed for its promulgation. This request
may not be refused. When the President exercises this right, he is
not required to promulgate
this law until it has been reconsidered and approved by an absolute
majority of all the members legally composing the Chamber. If the
time limits pass without the law being issued or returned, the law
is considered legally operative and must be promulgated.
Article 58 [Urgent Bills]
Every Bill the Council of Ministers deems urgent and in which this
urgency is indicated in the decree of transmission to the Chamber of
Deputies may be issued by the President within forty days following
its communication to the Chamber, after including it on the agenda
of a general meeting, reading it aloud before the Chamber, and after
the expiration of the time limit without the Chamber acting on it.
Article 59 [Adjourning the Chamber]
The President of the Republic may adjourn the Chamber for a period
not exceeding one month, but he may not do so twice during the same
session.
Article 60 [Responsibility]
(1) While performing his functions, the President of the Republic
may not be held responsible except when he violates the constitution
or in the case of high treason.
(2) However, his responsibility in respect of ordinary crimes is
subject to the ordinary laws. For such crimes, as well as for
violation of the constitution and for high treason, he may not be
impeached except by a majority of two thirds of the total membership
of the Chamber of Deputies. He is to be tried by the Supreme Council
provided for in Article 80. The functions of Public Prosecutor of
the Supreme Council are performed by a judge appointed by the
Supreme Council in plenary session.
Article 61 [Suspension after Impeachement]
Should the President of the Republic be impeached, he is suspended
from his functions. The presidency remains vacant until the Supreme
Council has settled the matter.
Article 62 [Vacancy]
Should the Presidency become vacant for any reason whatsoever, the
Council of Ministers exercises the powers of the President by
delegation.
Article 63 [Remuneration]
The remuneration of the President of the Republic is determined by a
law. It may not be increased or reduced during his term of office.
[Section] 2. The Prime Minister
Article 64 [Responsibility and Powers]
The Prime Minister is the Head of Government and its representative.
He speaks in its name and is responsible for executing the general
policy that is set by the Council of Ministers. He exercises the
following powers: 1. He heads the Council of Ministers and is ex
officio Deputy Head of the Supreme Defense Council. 2. He conducts
the parliamentary consultations involved in forming a Cabinet. He
signs, with the President, the Decree forming the Cabinet. The
Cabinet must present its general statement or policy to the Chamber
and gain its confidence within thirty days of the date of issuance
of the Decree in which the Cabinet was formed. The Cabinet does not
exercise its powers before it gains the Chamber's confidence nor
after it has resigned or is considered resigned, except in the
narrow sense
of managing affairs.
3. He presents the Government's general policy statements before the
Chamber of Deputies.
4. He signs, along with the President, all decrees, except the
Decree which designates him the head of the Government, and the
Decree accepting the Cabinet's resignation or considering it
resigned.
5. He signs the Decree calling for an extraordinary parliamentary
session, decrees issuing laws, and requests for reviewing laws.
6. He calls the Council of Ministers into session and sets its
agenda, and he informs the President and the Ministers beforehand of
the subjects included on the agenda and of the urgent subjects that
will be discussed.
7. He supervises the activities of the public administrations and
institutions, coordinates among the Ministers and provides general
guidance to ensure the proper progress of affairs.
8. He holds working meetings with the competent authorities in the
Government in the presence of the concerned Minister.
[Section] 3. The Council of Ministers
Article 65 [Powers]
Executive authority is vested in the Council of Ministers. It is the
authority to which the armed forces are subject. Among the powers
that it exercises are the following:
1. It sets the general policy of the Government in all fields,
prepares Bills and organizational Decrees and makes the decisions
necessary for implementing them.
2. It watches over the execution of laws and regulations and
supervises the activities of all the Government's branches including
the civil, military, and security administrations and institutions
without exception.
3. It appoints Government employees and dismisses them and accepts
their resignations according to the law.
4. It dissolves the Chamber of Deputies upon the request of the
President of the Republic if the Chamber of Deputies, for no
compelling reasons, fails to meet during one of its regular periods
and fails to meet throughout two successive extraordinary periods,
each longer than one month, or if the Chamber returns an annual
budget plan with the aim or paralyzing the Government. This right
cannot be exercised a second time if it is for the same reasons
which led to the dissolution of the Chamber the first time.
5. The Council of Ministers meets in a locale specifically set aside
for it, and the President chairs its meetings when he attends. The
legal quorum for a Council meeting is a majority of two thirds of
its members. It makes its decisions by consensus. If that is not
possible, it makes its decisions by vote of the majority of
attending members. Basic national issues require the approval of two
thirds of the members of the Council named in the Decree forming the
Cabinet. Basic national issues are considered the following:
The amendment of the constitution, the declaration of a state of
emergency and its termination, war and peace, general mobilization,
international agreements and treaties, the annual government budget,
comprehensive and longterm development projects, the appointment of
Grade One government employees and their equivalents, the review of
the administrative map, the dissolution of the Chamber of Deputies,
electoral laws, nationality laws, personal status laws, and the
dismissal of Ministers.
Article 66 [Ministries, Responsibility]
Only Lebanese who satisfy the conditions for deputization may assume
ministerial posts. The Ministers administer the
Government's services and assume the responsibility of applying the
laws and regulations, each one according to the affairs of his
administration and what is specific to them. Ministers are
collectively responsible before the Chamber for the general policy
of the Government and individually responsible for their personal
actions.
Article 67 [Ministers in Parliament]
Ministers may attend the Chamber if they so desire, and they have
the right to be heard whenever they request to speak. They may be
assisted by whomever they select from among the officials of their
Departments.
Article 68 [Vote of No-Confidence]
When the Chamber, in accordance with Article 37, passes a vote of
noconfidence in a Minister, that Minister is required to resign.
Article 69 [Government Resignation]
(1) The Government is considered resigned in the following
circumstances:
a. if the Prime Minister resigns;
b. if it loses more than a third of the members specified in the
Decree forming it;
c. if the Prime Minister dies;
d. at the beginning of the term of the President of the Republic;
e. at the beginning of the term of the Chamber of Deputies;
f. when it loses the confidence of the Chamber of Deputies based on
the Chamber's initiative or based on the Council's initiative to
gain the Chamber's confidence.
(2) Ministers are to be dismissed by a Decree signed by the
President and the Prime Minister in accordance with Article 65 of
the constitution.
(3) When the Council resigns or is considered resigned, the Chamber
of Deputies is automatically considered in extraordinary session
until a new Council has been formed and has gained the Chamber's
confidence.
Article 70 [Impeachment]
(1) The Chamber of Deputies has the right to impeach the Prime
Minister and Ministers for high treason or for serious neglect of
their duties. The Decision to impeach may not be taken except by a
majority of two thirds of the total membership of the Chamber.
(2) A special law is to be issued to determine the conditions of the
civil responsibility of the Prime Minister and individual Ministers.
Article 71 [Judicial Impeachment Proceedings]
The impeached Prime Minister or Minister are tried by the Supreme
Council.
Article 72 [Consequences of Impeachment]
A Prime Minister or Minister leaves office as soon as the Decision
of impeachment concerning him is issued. If he resigns, his
resignation does not prevent judicial proceedings from being
instituted or continued against him.
[Part] C. Procedural Provisions
[Chapter] I. Election of the President of the Republic
Article 73 [Election of the President]
One month at least and two months at most before the expiration of
the term of office of the President of the Republic, the Chamber is
summoned by its President to elect the new
President of the Republic. However, should it not be summoned for
this purpose, the Chamber meets of its own accord on the tenth day
preceding the expiration of the President's term of office.
Article 74 [Vacancy of Presidency]
Should the Presidency become vacant through the death or resignation
of the President or for any other cause, the Chamber meets
immediately and by virtue of the law to elect a successor. If the
Chamber happens to be dissolved at the time the vacancy occurs, the
electoral bodies are convened without delay and, as soon as the
elections have taken place, the Chamber meets by virtue of the law.
Article 75
The Chamber meeting to elect the President of the Republic is
considered an electoral body and not a legislative assembly. It must
proceed immediately, without discussion or any other act, to elect
the Head of the State.
[Chapter] II. Amending the Constitution
Article 76 [Proposal]
The constitution may be revised upon the proposal of the President
of the Republic. In such a case the Government submits a draft law
to the Chamber of Deputies.
Article 77 [Request]
The constitution may also be revised upon the request of the Chamber
of Deputies. In this case the following procedures are to be
observed:
During an ordinary session and at the request of at least ten of its
members, the Chamber of Deputies may recommend, by a majority of two
thirds of the total members lawfully composing the Chamber, the
revision of the constitution.
However, the articles and the questions referred to in the
recommendation must be clearly defined and specified. The President
of the Chamber then transmits the recommendation to the Government
requesting it to prepare a draft law relating thereto. If the
Government approves the recommendation of the Chamber by a majority
of two thirds, it must prepare the draft amendment and submit it to
the Chamber within four months; it it does not agree, it shall
return the Decision to the Chamber for reconsideration. If the
Chamber insists upon the necessity of the amendment by a majority of
three fourths of the total members lawfully composing the Chamber,
the President of the Republic has then either to accede to the
Chamber's recommendation or to ask the Council of Ministers to
dissolve the Chamber and to hold new elections within three months.
If the new Chamber insists on the necessity of amending the
constitution, the Government must yield and submit the draft
amendment within four months.
Article 78 [Priority]
When a draft law dealing with a constitutional amendment is
submitted to the Chamber, it must confine itself to its discussion
before any other work until a final vote is taken. It may discuss
and vote only on articles and questions clearly enumerated and
defined in the draft submitted to it.
Article 79 [Majority, Promulgation]
(1) When a draft law dealing with a constitutional amendment is
submitted to the Chamber, it cannot discuss it or vote upon it
except when a majority of two thirds of the members lawfully
composing the Chamber are present. Voting is by the same majority.
(2) The President of the Republic is required to promulgate the law
of the constitutional amendment under the same conditions and in the
same form as ordinary laws. He has the right, within the period
established for the promulgation, to ask the Chamber to reconsider
the draft, after consultation with the council of Ministers, in
which case the vote is by a majority of two thirds.
[Part] D. Miscellaneous Provisions
[Chapter] I. The Supreme Council
Article 80 [Function, Composition, Organizational Law]
The Supreme Council, whose function is to try Presidents and
Ministers, consists of seven deputies elected by the Chamber of
Deputies and of eight of the highest Lebanese judges, according to
their rank in the judicial hierarchy, or, in case of equal ranks, in
the order of seniority. They meet under the presidency of the judge
of the highest rank. The Decisions of condemnation by the Supreme
Council is rendered by a majority of ten votes. A special law is to
be issued to determine the procedure to be followed by this Council.
[Chapter] II. Finances
Article 81 [Integral Tax Law]
No public taxes may be imposed and no new taxes established or
collected in the Lebanese Republic except by a comprehensive law
which applies to the entire Lebanese territory without exception.
Article 82 [Rule of Law]
No tax may be modified or abolished except by virtue of law.
Article 83 [Yearly Budget]
Each year at the beginning of the October session, the Government
has to submit to the Chamber of Deputies the general budget
estimates of state expenditures and revenues for the following year.
The budget is voted upon article by article.
Article 84 [Budget Discussion]
During the discussion of the budget and draft laws involving the
opening of supplementary or extraordinary credits, the Chamber may
not increase the credits proposed in the budget or in the draft laws
mentioned above either by way of amendment Or by means of a
proposal. The Chamber may, however, adopt, by way of proposal, laws
involving further expenditures after
the close of this discussion.
Article 85 [Extraordinary Credit]
No extraordinary credit may be opened except by a special law.
Nevertheless, should unforseen circumstances render urgent
expenditures necessary, the President of the Republic may issue a
Decree, based on a Decision of the Council or Ministers, to open
extraordinary or supplementary credits or transfer appropriations in
the budget as long as these credits do not exceed a maximum limit
specified in the budget law. These measures are to be submitted to
the Chamber for approval at the first ensuing session.
Article 86 [Provisional Budget]
If the Chamber of Deputies has not given a final decision on the
budget estimates before the expiration of the session devoted to the
examination of the budget, the President of the Republic, in
coordination with the Prime Minister, immediately convenes the
Chamber for an extraordinary session which lasts until the end of
January in order to continue the discussion of the budget; if,
at the end of this extraordinary session, the budget estimates have
not been finally settled, the Council of Ministers may take a
decision on the basis of which a decree is issued by the President
giving effect to the above estimates in the form in which they were
submitted to the Chamber. However, the Council of Ministers may not
exercise this right unless the budget estimates were submitted to
the Chamber at least fifteen days before the commencement of its
session. Nevertheless, during the said extraordinary session, taxes,
charges, duties, imposts, and other kinds of revenues continue to be
collected as before. The budget of the previous year is adopted as a
basis. To this must be added the permanent credits which have been
dropped, and the Government fixes the expenditures for the month of
January on the basis of the 'provisional twelfth.'
Article 87 [Final Financial Accounts, Auditing Bureau]
The final financial accounts of the administration for each year
must be submitted to the Chamber for approval before the
promulgation of the budget of the year following. A special law is
to be issued for the setting up of an Auditing Bureau.
Article 88 [Public Loan]
No public loan or undertaking involving an expenditure from the
treasury funds may be contracted except by virtue of a law.
Article 89 [Contracts, Concessions, Resources, Monpolies]
No contract or concession for the exploitation of the natural
resources of the country, or a public utility service, or a monopoly
may be granted except by virtue of a law and for a limited period.
[Part] E. Provisions Relating to the Mandatory Power and the
Leage of Nations
Article 90 [...]
{Abolished in 1943}
Article 91 [...]
{Abolished in 1943}
Article 92 [...]
{Abolished in 1943}
Article 93 [...]
{Abolished in 1947}
Article 94 [...]
{Abolished in 1943}
[Part] F. On the Abolition of Political Confessionalism
Article 95 [National Committee]
(1) The first Chamber or Deputies which is elected on the basis of
equality between Muslims and Christians takes the appropriate
measures to realize the abolition of political confessionalism
according to a transitional plan. A National Committee is to be
formed, headed by the President of the Republic, including, in
addition to the President of the Chamber of Deputies and the Prime
Minister, leading political, intellectual, and social figures.
(2) The tasks of this Committee are to study and propose the means
to ensure the abolition of confessionalism, propose them to the
Chamber of Deputies and the Ministers, and supervise the execution
of the transitional plan.
(3) During the transitional phase:
a. The confessional groups are to be represented in a just and
equitable fashion in the formation of the Cabinet.
b. The principle of confessional representation in public service
jobs, in the judiciary, in the military and security institutions,
and in public and mixed agencies are to be cancelled in accordance
with the requirements of national reconciliation; they shall be
replaced by the principle of expertise and competence. However,
Grade One posts and their equivalents are exempt from this rule, and
the posts must be distributed equally between Christians and Muslims
without reserving any particular job for any confessional group but
rather applying the principles of expertise and competence.
[Part] G. Provisions Relating to the Election and Functions of
the Senate
Article 96 [...]
{Abolished in 1947}
Article 97 [...]
{Abolished in 1947}
Article 98 [...]
{Abolished in 1947}
Article 99 [...]
{Abolished in 1947}
Article 100 [...]
{Abolished in 1947}
[Part] H. Additional Provisions
Article 101 [Greater Lebanon, The Lebanese Republic]
Beginning 1 Sep 1929, the state of 'Greater Lebanon' is to be known
as 'The Lebanese Republic' without any other change or modification.
Article 102 [Abrogation of Old Laws]
All legislative provisions contrary to the present constitution are
abrogated.
|