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Back to: Constitutions
Syria
Adopted on: 13 March 1973
Preamble
The
Arab nation managed to perform a great role in building human
civilization when it was a unified nation. When the ties of its
national cohesion weakened, its civilizing role receded and the
waves of colonial conquest shattered the Arab nation's unity,
occupied its territory, and plundered its resources. Our Arab nation
has withstood these challenges and rejected the reality of division,
exploitation, and backwardness out of its faith in its ability to
surmount this reality and return to the arena of history in order to
play, together with the other liberated nations, its distinctive
role in the construction of civilization and progress. With the
close of the first half of this century, the Arab people's struggle
has been expanding and assuming greater importance in various
countries to achieve liberation from direct colonialism.
The
Arab masses did not regard independence as their goal and the end of
their sacrifices, but as a means to consolidate their struggle, and
as an advanced phase in their continuing battle against the forces
of imperialism, Zionism, and exploitation under the leadership of
their patriotic and progressive forces in order to achieve the Arab
nation's goals of unity, freedom, and socialism.
In the
Syrian Arab region, the masses of our people continued their
struggle after independence. Through their progressive march they
were able to achieve their big victory by setting off the revolution
of 8 March 1963 under the leadership of the Socialist Arab Baath
Party, which has made authority an instrument to serve the struggle
for the construction of the United Socialist Arab society.
The
Socialist Arab Baath Party is the first movement in the Arab
homeland which gives Arab unity its sound revolutionary meaning,
connects the nationalist with the socialist struggle, and represents
the Arab nation's will and aspirations for a future that will bind
the Arab nation with its glorious past and will enable it to carry
out its role in achieving victory for the cause of freedom of all
the peoples.
Through
the party's militant struggle, the 16 Nov 1970 corrective movement
responded to our people's demands and aspirations. This corrective
movement was an important qualitative development and a faithful
reflection of the party's spirit, principles, and objectives. It
created the appropriate atmosphere for the fulfillment of a number
of significant projects in the interest of our large masses,
primarily the emergence of the state of the Confederation of Arab
Republics in response to the call for unity, which figures
prominently in the Arab conscience, which was buttressed by the
joint Arab struggle against imperialism and Zionism, regionalist
disputes, and separatist movements, and which was confirmed by the
contemporary Arab revolution against domination and exploitation.
Under
the aegis of the corrective movement, an important stop was taken on
the road leading to the consolidation of national unity for our
popular masses. Under the leadership of the socialist Arab Baath
Party, a national and progressive front with developed conceptions
emerged in such a manner as to meet our people's needs and interests
and proceed toward unifying the instrument of the Arab revolution in
a unified political organization.
The
completion of this Constitution crowns our people's struggle on the
road of the principle of popular democracy, is a clear guide for the
people's march toward the future and a regulator of the movement of
the state and its various institutions, and is a source of its
legislation.
The
Constitution is based on the following major principles:
1) The comprehensive Arab revolution is an existing and continuing
necessity to achieve the Arab nation's aspirations for unity,
freedom, and socialism. The revolution in the Syrian Arab region is
part of the comprehensive Arab revolution. Its policy in all areas
stems from the general strategy of the Arab revolution.
2) Under the reality of division, all the achievements by any Arab
country will fail to fully achieve their scope and will remain
subject to distortion and setback unless these achievements are
buttressed and preserved by Arab unity. Likewise, any danger to
which any Arab country may be exposed on the part of imperialism and
Zionism is at the same time a danger threatening the whole Arab
nation.
3) The march toward the establishment of a socialist order besides
being a necessity stemming from the Arab society's needs, is also a
fundamental necessity for mobilizing the potentialities of the Arab
masses in their battle with Zionism and imperialism.
4) Freedom is a sacred right and popular democracy is the ideal
formulation which insures for the citizen the exercise of his
freedom which makes him a dignified human being capable of giving
and building, defending the homeland in which he lives, and making
sacrifices for the sake of the nation to which he belongs. The
homeland's freedom can only be preserved by its free citizens. The
citizen's freedom can be completed only by his economic and social
liberation.
5) The Arab revolution movement is a fundamental part of the world
liberation movement. Our Arab people's struggle forms a part of the
struggle of the peoples for their freedom, independence, and
progress.
This constitution serves as a guide for action to our people's
masses so that they will continue the battle for liberation and
construction guided by its principles and provisions in order to
strengthen the positions of our people's struggle and to drive their
march toward the aspired future.
Chapter 1 Basic Principles
Part 1 Political Principles
Article 1 [Arab Nation, Socialist Republic]
(1) The Syrian Arab Republic is a democratic, popular, socialist,
and sovereign state. No part of its territory can be ceded. Syria is
a member of the Union of the Arab Republics.
(2) The Syrian Arab region is a part of the Arab homeland.
(3) The people in the Syrian Arab region are a part of the Arab
nation. They work and struggle to achieve the Arab nation's
comprehensive unity.
Article 2 [Republic, Sovereignty]
(1) The governmental system of the Syrian Arab region is a
republican system.
(2) Sovereignty is vested in the people, who exercise it in
accordance with this Constitution.
Article 3 [Islam]
(1) The religion of the President of the Republic has to be Islam.
(2) Islamic jurisprudence is a main source of legislation.
Article 4 [Language, Capital]
The Arab language is the official language. The capital is Damascus.
Article 6 [Flag, Emblem, Anthem]
The state flag, emblem, and the national anthem are the flag,
emblem, and the national anthem of the Union of the Arab Republics.
Article 7 [Oat]
The constitutional oath is as follows:
"I swear by God the Almighty to sincerely preserve the republican,
democratic, and popular system, respect the constitution and the
laws, watch over the interests of the people and the security of the
homeland, and work and struggle for the realization of the Arab
nation's aims of unity, freedom, and socialism."
Article 8 [Baath Party]
The leading party in the society and the state is the Socialist Arab
Baath Party. It leads a patriotic and progressive front seeking to
unify the resources of the people's masses and place them at the
service of the Arab nation's goals.
Article 9 [Organizations]
Popular organizations and cooperative associations are
establishments which include the people's forces working for the
development of society and for the realization of the interests of
its members.
Article 10 [People's Councils]
People's councils are establishments elected in a democratic way at
which the citizens exercise their rights in administering the state
and leading the society.
Article 11 [Armed Forces]
The armed forces and other defense organizations are responsible for
the defense of the homeland's territory and for the protection of
the revolution's objectives of unity, freedom, and socialism.
Article 12
The state is at the people's service. Its establishments seeks to
protect the fundamental rights of the citizens and develop their
lives. It also seeks to support the political organizations in order
to bring about self-development.
Part 2 Economic Principles
Article 13 [Economy]
(1) The state economy is a planned socialist economy which seeks to
end all forms of exploitation.
(2) The region's economic planning serves in achieving economic
integration in the Arab homeland.
Article 14 [Ownership]
The law regulates ownership, which is of three kinds:
(1) Public ownership includes natural resources, public utilities,
and nationalized installations and establishments, as well as
installations and establishments set up by the state. The state
undertakes to exploit and to supervise the administration of this
property in the interest of the entire people. It is the duty of the
citizens to protect this property.
(2) Collective ownership includes the property belonging to popular
and professional organizations and to production units,
cooperatives, and other social establishments. The law
guarantees its protection and support.
(3) Individual ownership includes property belonging to individuals.
The law defines its social task in serving the national economy
within the framework of the development plan. This property should
not be used in ways contrary to the people's interests.
Article 15 [Expropriation]
(1) Individual ownership may not be expropriated except for public
interest and in return for just compensation in accordance with the
law.
(2) The public seizure of funds is permissible.
(3) Private seizure cannot be effected except through a judicial
decision.
(4) Private seizure ordered by law is permissible in return for just
compensation.
Article 16 [Agricultural Ownership]
The law defines the maximum of agricultural ownership in a manner
that guarantees the protection of the farmer and of the agricultural
worker against exploitation and insures increase in production.
Article 17 [Inheritance]
The right of inheritance is guaranteed in accordance with the law.
Article 18 [Savings]
Saving is a national duty protected, encouraged, and organized by
the state.
Article 19 [Taxes]
Taxes are imposed on an equitable and progressive bases which
achieve the principles of equality and social justice.
Article 20
The exploitation of private and joint economic foundations must seek
to meet the social needs, increase the national income, and achieve
the people's prosperity.
Part 3 Educational and Cultural Principles
Article 21 [Goals]
The educational and cultural system aims at creating a socialist
nationalist Arab generation which is scientifically minded and
attached to its history and land, proud of its heritage, and filled
with the spirit of struggle to achieve its nation's objectives of
unity, freedom, and socialism, and to serve humanity and its
progress.
Article 22 [Progress]
The educational system has to guarantee the people's continuous
progress and adapt itself to the ever-developing social, economic,
and cultural requirements of the people.
Article 23 [Socialist Education, Arts, Sports]
(1) The nationalist socialist education is the basis for building
the unified socialist Arab society. It seeks to strengthen moral
values, to achieve the higher ideals of the Arab nation, to develop
the society, and to serve the causes of humanity. The state
undertakes to encourage and to protect this education.
(2) The encouragement of artistic talents and abilities is one of
the bases of the progress and development of society, artistic
creation is based on close contact with the people's life. The state
fosters the artistic talents and abilities of all citizens.
(3) Physical education is a foundation for the building of
society. The state encourages physical education to form a
physically, mentally, and morally strong generation.
Article 24 [Science, Intellectual Property]
(1) Science, scientific research, and all scientific achievements
are basic elements for the progress of the socialist Arab society.
Comprehensive support is extended by the state.
(2) The state protects the rights of authors and inventors who serve
the people's interests.
Part 4 Freedom, Rights, Duties
Article 25 [Personal Freedom, Dignity, Equality]
(1) Freedom is a sacred right. The state protects the personal
freedom of the citizens and safeguards their dignity and security.
(2) The supremacy of law is a fundamental principle in the society
and the state.
(3) The citizens are equal before the law in their rights and
duties.
(4) The state insures the principle of equal opportunities for
citizens.
Article 26 [Participation]
Every citizen has the right to participate in the political,
economic, social, and cultural life. The law regulates this
participation.
Article 27 [Boundaries of the Law]
Citizens exercise their rights and enjoy their freedoms in
accordance with the law.
Article 28 [Defense]
(1) Every defendant is presumed innocent until proven guilty by a
final judicial decision.
(2) No one may be kept under surveillance or detained except in
accordance with the law.
(3) No one may be tortured physically or mentally or be treated in a
humiliating manner. The law defines the punishment of whoever
commits such an act.
(4) The right of litigation, contest, and defense before the
judiciary is safeguarded by the law.
Article 29 [Criminal Laws]
What constitutes a crime or penalty can only be determined by law.
Article 30 [Retroactive Laws]
Laws are binding only following the date of their enactment and
cannot be retroactive. In other than penal cases, the contrary may
be stipulated.
Article 31 [Home]
Homes are inviolable. They may not be entered or searched except
under conditions specified by law.
Article 32 [Secrecy of Communication]
The privacy of postal and telegraphic contacts is guaranteed.
Article 33 [Residence, Move]
(1) A citizen may not be deported from the homeland.
(2) Every citizen has the right to move within the state's territory
unless forbidden to do so by a judicial sentence or in
implementation of public health and safety laws.
Article 34 [Asylum]
Political refugees cannot be extradited because of their political
principles or their defense of freedom.
Article 35 [Religion]
(1) The freedom of faith is guaranteed. The state respects all
religions.
(2) The state guarantees the freedom to hold any religious rites,
provided they do not disturb the public order.
Article 36 [Work]
(1) Work is a right and duty of every citizen. The state undertakes
to provide work for all citizens.
(2) Every citizen has the right to earn his wage according to the
nature and yield of the work. The state must guarantee this.
(3) The state fixes working hours, guarantees social security, and
regulates rest and leave rights and various compensations and
rewards for workers.
Article 37 [Free Education]
Education is a right guaranteed by the state. Elementary education
is compulsory and all education is free. The state undertakes to
extend compulsory education to other levels and to supervise and
guide education in a manner consistent with the requirements of
society and of production.
Article 38 [Expression]
Every citizen has the right to freely and openly express his views
in words, in writing, and through all other means of expression. He
also has the right to participate in supervision and constructive
criticism in a manner that safeguards the soundness of the domestic
and nationalist structure and strengthens the socialist system. The
state guarantees the freedom of the press, of printing, and
publication in accordance with the law.
Article 39 [Assembly]
Citizens have the right to meet and demonstrate peacefully within
the principles of the Constitution. The law regulates the exercise
of this right.
Article 40 [Defense]
(1) All citizens have the sacred duty to defend the homeland's
security, to respect its Constitution and socialist unionist system.
(2) Military service is compulsory and regulated by law.
Article 41 [Taxes]
The payment of taxes and public expenses is a duty in accordance
with the law.
Article 42 [Preservation of Unity]
It is a duty of every citizen to preserve the national unity and to
protect state secrets.
Article 43 [Citizenship]
The law regulates Syrian Arab citizenship and guarantees special
facilities for the Syrian Arab expatriates and their sons and for
the citizens of the Arab countries.
Article 44 [Family, Marriage, Children]
(1) The family is the basic unit of socity and is protected by the
state.
(2) The state protects and encourages marriage and eliminates the
material and social obstacles hindering it. The state protects
mothers and infants and exteds care to adolescents and youths and
provides them with the suitable circumstances to develop their
faculties.
Article 45 [Women]
The state guarantees women all opportunities enabling them to fully
and effectively participate in the political, social, cultural, and
economic life. The state removes the restrictions that prevent
women's development and participation in building the socialist Arab
society.
Article 46 [Insurance, Welfare]
(1) The state insures every citizen and his family in cases of
emergency, illness, disability, orphanhood, and old age.
(2) The state protects the citizens' health and provides them with
the means of protection, treatment, and medication.
Article 47 [Services]
The state guarantees cultural, social, and health services. It
especially undertakes to provide these services to the village in
order to raise ist standard.
Article 48 [Organizations]
The popular sectors have the right to establish unionist, social,
professional organizations, and production cooperatives. The
framework of the organizations, their relations, and the scope of
their work is defined by law.
Article 49 [Organizational Functions]
The popular organizations by law effectively participate in the
various sectors and councils to realize the following:
(1) Building the socialist Arab society and defending the system.
(2) Planning and guiding of the socialist economy.
(3) Development of work conditions, safety, health, culture, and all
other affairs pertaining to the lives of the organization members.
(4) Achievement of scientific and technical progress and the
development of the means of production.
(5) Popular supervision of the machinery of government.
Chapter 2 Powers of the State
Part 1 Legislative Power
Article 50 [People's Assembly]
(1) The People's Assembly assumes legislative power in the manner
defined in this Constitution.
(2) The members of the People's Assembly are elected by general,
secret, direct, and equal ballot in accordance with the provisions
of the election law.
Article 51 [Term]
The People's Assembly is elected for 4 years beginning on the date
of its first meeting. This term can be extended by law only in the
state of war.
Article 52 [Representation]
A member of the People's Assembly represents the whole people. His
mandate may not be limited by any restrictions or conditions. He
must exercise his mandate guided by his honor and conscience.
Article 53 [Membership]
The law defines the electoral districts and the number of the
members of the People's Assembly, provided that at least half their
number are workers and peasants. The law defines the terms: worker
and peasant.
Article 54 [Voters]
Voters are citizens of at least 18 years of age who are listed in
the civil status register and who meet the conditions specified in
the election law.
Article 55 [Election, Referendum]
The law provides for elections and plebiscites. It defines the
conditions to be met by members of the People's Assembly.
Article 56 [State Worker Candidacy]
State workers, including public sector workers, may nominate
themselves for membership in the Assembly. Except in the cases
defined by law, the elected member may take a leave in order to join
the Assembly. His position or work is reserved for him and the
period of leave is regarded as active duty.
Article 57 [Electoral Guarantees]
The election law must include provisions guaranteeing: 1) Freedom of
the voters in electing their representatives and integrity of the
election.
2) The right of the candidates to watch over the voting.
3) Punishment for those who tamper with the will of the voters.
Article 58 [Continuous Assembly]
(1) The elections are to be held within 90 days following the date
of the expiration of the Assembly's term.
(2) The People's Assembly reconvenes in accordance with the law if
no other Assembly is elected. It convenes after the lapse of 90 days
and remains in office until a new Assembly is elected.
Article 59 [Vacancies]
If a seat becomes vacant for any reason, a member is elected to this
seat within 90 days after the vacancy, provided the remaining period
of the Assembly's term is not less than 6 months. Membership of the
new member ends with expiration of the Assembly's term. The election
law defines the conditions of membership vacancies.
Article 60 [First Meeting]
(1) The People's Assembly is invited to meet by a decree issued by
the President of the Republic within 15 days beginning on the date
of the announcement of the results of the elections. The Assembly
meets in accordance with the law on the 16th day if no decree is
inviting the Assembly to hold a session.
(2) At its first meeting, the Assembly elects its President and the
members of its secretariat.
Article 61 [Sessions]
The People's Assembly is convened in three ordinary sessions yearly.
It may also be convened in extraordinary sessions. The Assembly's
table of organization sets the dates and periods of the sessions.
The Assembly is invited to meet at extraordinary sessions by a
decision of the President of the Assembly, at the written request of
the President of the Republic, or at the request of one-third of the
members of the Assembly.
Article 62 [Electoral Control]
The People's Assembly rules on the validity of the membership of its
members if it is challenged in light of investigations undertaken by
the Supreme Constitutional Court within one month of the Assembly's
notification of the Court's verdict. A member's membership in the
Assembly is invalidated only by a majority vote of its members.
Article 63 [Oath]
Before assuming office, each member of the Assembly publicly takes
before the Assembly the oath specified in Article 7.
Article 64 [Remuneration]
The compensations and allowances for the members of the Assembly are
defined by law.
Article 65 [Internal Organization]
The People's Assembly lays down its internal organization to
regulate the mode of work and the manner of carrying out its duties.
Article 66 [Indemnity]
Members of the Assembly are not accountable before criminal or civil
courts for any occurrences or views they express, in voting in
public or secret sessions, or in the activities of the various
committees.
Article 67 [Immunity]
Members of the Assembly enjoy immunity throughout the term of the
Assembly. Unless they are apprehended in the act of committing a
crime, no penal measures can be taken against any member without the
advance permission of the Assembly. When the Assembly is not in
session, permission must be obtained from the President of the
Assembly. As soon as it convenes, the Assembly is notified of the
measures taken.
Article 68 [Incompatibility]
(1) An Assembly member may not take advantage of his Assembly
membership in any activities.
(2) The law defines the activities which are incompatible with
membership in the Assembly.
Article 69 [President, Guard]
(1) The President of the People's Assembly represents, signs, and
speaks on behalf of the Assembly.
(2) The Assembly has a spacial guard which accepts the orders of the
President of the Assembly. No other armed force may enter the
Assembly building without permission of the President of the
Assembly.
Article 70 [Membership Rights]
The members of the Assembly have the right to propose bills and
address questions and inquiries to the cabinet or any minister in
accordance with the Assembly's internal organization.
Article 71 [Powers]
The People's Assembly assumes the following powers:
1) Nomination of the President of the Republic. 2) Approval of the
laws. 3) Debate of cabinet policy.
4) Approval of the general budget and development plans.
5) Approval of international treaties and agreements connected with
state security; namely, peace and alliance treaties, all treaties
connected with the rights of sovereignty or agreements which grant
concessions to foreign companies or establishments, as well as
treaties and agreements which entail expenditures of the state
treasury not included in the treasury's budget, and treaties and
agreements which run counter to the provisions of the laws in force
or treaties and agreements which require promulgation of new
legislation to be implemented.
6) Approval of general amnesty.
7) Acceptance or rejection of the resignation of a member of the
Assembly.
8) Withholding confidence in the cabinet or a minister.
Article 72 [Vote of No Confidence]
Confidence may not be withheld without the interrogation of the
cabinet or a minister. A request for withholding confidence has to
be made in accordance with a proposal submitted by at least
one-fifth of the members of the Assembly. Confidence in the cabinet
or a minister may be withheld by a majority of the members of the
Assembly. In the event of no confidence in the cabinet, the Prime
Minister must submit the cabinet's resignation to the President of
the Republic. A minister from whom confidence has been withheld must
also resign.
Article 73 [Committees]
The Assembly forms provisional committees from its members to
collect information and to find facts on the subjects concerning the
exercising of its jurisdiction.
Article 74 [Budget]
The draft budget is submitted to the Assembly two months before the
beginning of the fiscal year. The budget is not in force unless it
is approved by the Assembly.
Article 75 [Budge Vote]
Voting on the budget is chapter by chapter. The method of preparing
the budget is defined by law.
Article 76 [Fiscal Year]
Every fiscal year has one budget and the beginning of the fiscal
year is defined by law.
Article 77 [Continuing Budget]
If the Assembly fails to approve the budget before the beginning of
the new fiscal year, the previous fiscal year remains in force until
approval of the new fiscal year. Revenues are obtained in accordance
with the laws still in force.
Article 78 [Budget Changes]
No change in the budget's chapters is permissible except in
accordance with provisions of the law.
Article 79 [Budget Amendments]
During study of the budget, the Assembly has no right to increase
the estimates of revenues and expenditures.
Article 80 [New Expenditures]
After approval of the budget, the Assembly can approve laws on new
expenditures and revenues.
Article 81 [Tax Laws]
It is not permissible to impose taxes, to modify taxes, or to cancel
taxes except by law.
Article 82
Final accounts for the fiscal year are submitted to the Assembly
within two years of the end of that year. The settlement of accounts
should be made by law. Amounts to be applied to the settlement of
accounts should be applied to the budget, subject to approval.
Part 2 The Executive Authority
Section 1 The President of the Republic
Article 83 [Eligibility]
A candidate for the presidency must be an Arab Syrian, enjoying his
civil and political rights, and be over 40 years of
age.
Article 84 [Election]
Upon the proposal of the Arab Socialist Baath Party regional
command, the Assembly issues the order for election of the
President:
1) the candidacy is proposed to the citizens for referendum;
2) the referendum takes place upon the request of the President of
the Assembly;
3) the new president is elected before termination of the term of
the present President, within a period of not less than 30 days and
not more than 60 days;
4) the candidate becomes President of the Republic if he obtains an
absolute majority of the total votes. If he fails to obtain this
majority, the Assembly names another candidate. The same procedures
are followed concerning the election, provided this takes place
within 1 month from the time the results of the first plebiscite
were announced.
Article 85 [Term]
The President of the Republic is elected for 7 years according to
the Christian calendar, beginning at the date of the expiration of
the term of the incumbent President.
Article 86 [Incapacity]
If any temporary incapacity prevents the President of the Republic
from carrying out his duties, the Vice President takes his place.
Article 87 [Resignation]
If the President of the Republic wishes to resign, he must submit
his resignation to the Assembly.
Article 88 [Re-Election]
The first Vice President of the Republic or the Vice President named
by the President, carries out the President's duties if the
President fails to do so. If the incapacity is permanent or in case
of death or resignation, a referendum takes place to elect a new
President in accordance with the provisions of Article 84, within a
period not exceeding 90 days. If the Assembly is dissolved or if its
term is due to expire in less than 90 days, the first Vice President
carries out the President's duties until the new Assembly convenes.
Article 89 [Vacancy]
If the post of President becomes vacant and there is no Vice
President, the Prime Minister exercises all the President's powers
and jurisdictions until a new President is elected by means of
referendum within 90 days.
Article 90 [Oath]
Before taking his post, the President takes the constitutional oath
before the People's Assembly in accordance with Article 7.
Article 91 [Liability]
The President cannot be held responsible for actions pertaining
directly to his duties, except in the case of high treason. A
request for his indictment requires a proposal of at least one-third
of the members of the People's Assembly and an Assembly decision
adopted by a two-thirds majority in an open vote at a special secret
session. His trial takes place only before the Supreme
Constitutional Court.
Article 92 [Remuneration]
The protocol, privileges, and compensation of the post of the
President of the Republic are established by law.
Article 93 [Functions]
(1) The President of the Republic insures respect for the
Constitution, the orderly functioning of public authorities, and the
preservation of the state.
(2) The President of the Republic exercises executive authority on
behalf of the people within the limits defined in this Constitution.
Article 94 [Policy]
The President of the Republic, through consultation with the
cabinet, lays down the state's general policy and supervise its
implementation.
Article 95 [Appointments]
The President of the Republic appoints one or more Vice Presidents
and delegates some of his duties to them. The President also
appoints the Prime Minister and his deputies and the ministers and
their deputies, accepts their resignations, and dismisses them from
their posts.
Article 96 [Oath]
Before assuming their posts, the Vice Presidents take the
Constitutional oath specified in Article 7 before the President of
the Republic.
Article 97 [Cabinet Meeting, Reports]
The President of the Republic can call a cabinet meeting under his
Chairmanship. He can also request reports from the ministers.
Article 98 [Veto]
The President of the Republic promulgates the laws approved by the
People's Assembly, he may veto these laws through a decision, giving
the reasons for this objection, within a month after their receipt
by the President. If the Assembly again approves them by a
two-thirds majority, the President of the Republic has to issue
them.
Article 99 [Decrees]
The President of the Republic issues decrees, decisions, and orders
in accordance with the legislation in effect.
Article 100 [War and Peace]
The President of the Republic can declare war and general
mobilization and conclude peace following the approval by the
People's Assembly.
Article 101 [State of Emergency]
The President of the Republic can declare and terminate a state of
emergency in the manner stated in the law.
Article 102 [Diplomacy]
The President of the Republic accredits the heads of diplomatic
missions to foreign governments and accepts the accreditation of the
heads of foreign diplomatic missions to him.
Article 103 [Commander-in-Chief]
The President of the Republic is the supreme commander of the army
and the armed forces. He issues all the necessary decisions and
orders in exercising this authority. He can delegate some of his
authority.
Article 104 [Treaties]
The President of the Republic ratifies and abolishes internal
treaties and agreements in accordance with the provisions of the
Constitution.
Article 105 [Amnesty]
The President of the Republic can issue amnesty and reinstatement
decisions.
Article 106 [Decorations]
The President of the Republic can bestow decorations.
Article 107 [Dissolution of Parliament]
(1) The President of the Republic can dissolve the People's Assembly
through a decision giving the reasons. Elections are held within 90
days from the date of the dissolution.
(2) He may not dissolve the People's Assembly more than once for the
same reason.
Article 108 [Extraordinary Sessions, Addresses]
(1) The President of the Republic can call on the People's Assembly
to convene an extraordinary session.
(2) He can also address the Assembly through messages and can make
statements before the Assembly.
Article 109 [Appointment of Officials]
The President of the Republic appoints civilian and military
officials and terminates their services in accordance with the law.
Article 110 [Initiative]
The President of the Republic may draft project laws and submit them
to the Assembly for approval.
Article 111 [Assuming Legislative Authority]
(1) The President of the Republic assumes legislative authority when
the People's Assembly is not in session, provided that all the
legislation issued by him is referred to the People's Assembly in
its first session.
(2) The President of the Republic can assume legislative authority
even when the Assembly is in session if it is extremely necessary in
order to safeguard the country's national interests or the
requirements of national security, provided that the legislation
issued by him is referred to the People's Assembly in its first
session.
(3) The People's Assembly can abolish or amend the legislation as
provided for in Paragraph (1) and (2), or by law by a two-thirds
majority of the members attending the session, provided their number
is not less than the Assembly's absolute majority and provided that
the amendment or abolition does not have a retroactive effect. If
the Assembly does not abolish or amend this legislation, then it is
considered legally approved and there will be no need for a vote on
it.
(4) The President of the Republic assumes legislative authority in
the interim period between two assemblies. Legislation issued by the
President during this period is not referred to the People's
Assembly. Its validity as regards amendments or abrogation are the
same as with existing laws.
Article 112 [Referenda]
The President of the Republic can hold public referenda on important
issues affecting the country's highest interests. The results of the
referenda are binding and effective on the date of their
promulgation. The President of the Republic issues the results.
Article 113 [Emergency Measures]
In case of a grave danger or situation threatening national unity
or the safety and independence of the homeland or obstructing state
institutions from carrying out their constitutional
responsibilities, the President of the Republic can take immediate
measures necessitated by these circumstances.
Article 114
The President of the Republic can form specialized organizations,
councils, and committees. The powers and jurisdiction of these
bodies are specified in the decisions forming them.
Section 2 The Council of Ministers
Article 115 [Cabinet]
(1) The cabinet is the state's highest executive and administrative
body. It consists of the President of the Council of Ministers, his
deputies, and the ministers. It supervises the execution of the laws
and regulations and the work of the state machinery and
institutions.
(2) The President of the Council of Ministers supervises the
activities of the ministers.
(3) The compensations and allowances of the President of the Council
of Ministers, his deputies, the ministers, and their deputies are
fixed by law.
Article 116 [Oath]
The President of the Council of Ministers, his deputies, and the
ministers and their deputies take the constitutional oath, as
specified in Article 7, before the President of the Republic and
before they assume their responsibilities, whenever a new cabinet is
formed. In the case of a cabinet reorganization, only the new
ministers takes the oath.
Article 117 [Responsibility]
The President of the Council of Ministers and the ministers are
responsible before the President of the Republic.
Article 118 [Policy Statements]
(1) Upon its formation, the cabinet submits a statement to the
People's Assembly on its general policy and programs of action.
(2) The Cabinet submits annual statements to the People's Assembly
on implementation of the development plans and production progress.
Article 119 [Minister]
The Minister is the highest administrative authority in his
ministry. He carries out the state's general policy where it
concerns his ministry.
Article 120 [Incompatibility]
While in office, the ministers are not permitted to be members of
the Board of Directors of any private company, act as its agents,
participate in any commercial or industrial transaction, or
undertake any liberal profession. While in office, the ministers are
not permitted to be directly or indirectly involved in the
contracts, tenders, or works carried out by the state ministries,
departments, or establishments, or by public sector companies.
Article 121 [Liability]
The law defines the civil and penal responsibilities of the
ministers.
Article 122 [Continuing Cabinet]
On the expiration of the term of the President of the Republic
or in the case of his permanent inability to discharge his duties
for any reason, the cabinet continues to manage the affairs of the
state until the new president names a new cabinet.
Article 123 [Criminal Liability]
The President of the Republic has a right to refer a minister to
trial for whatever crimes he commits while in his post or because of
it, in accordance with provisions of the Constitution and the law.
Article 124 [Suspension]
An accused minister is suspended as soon as the indictment is issued
and until the court arrives at a decision regarding the charges
brought against him. His resignation or dismissal does not prevent
committing him to trial. The trial and its procedures are in
accordance with the law.
Article 125 [Compatibility]
Cabinet and People's Assembly membership may be combined.
Article 126 [Deputy Ministers]
The provisions applicable to the ministers are also applicable to
the deputy ministers.
Article 127 [Powers]
The cabinet has the following powers:
1) Participation with the President of the Republic in drawing up
and carrying out the state's general policy.
2) Steering, coordinating, and following up the work of the
ministries and all the state's public departments and
establishments.
3) Drawing up the state's general budget project.
4) Preparing draft laws.
5) Preparing the development plan, developing production, and
exploiting national resources and everything that will strengthen
the economy and increase the national income.
6) Contracting and granting loans in accordance with the provisions
of the Constitution.
7) Concluding agreements and treaties in accordance with the
provisions of the Constitution.
8) Following up the enforcement of the laws, preserving the state's
security, and safeguarding the rights of the citizens and the
state's interest.
9) Issuing administrative and executive decisions in accordance with
laws and regulations, and supervising their implementation.
Article 128 [Other Powers]
In addition to the cabinet's powers, the Prime Minister and the
ministers discharge the duties mentioned in valid legislation,
provided they are not in conflict with the powers given to other
state authorities by this Constitution.
Part 3 The Local People's Councils
Article 129 [Councils]
(1) The Local People's Councils are bodies which exercise their
powers within the administrative units in accordance with the law.
(2) The administrative units are defined in accordance with the
provisions of the law.
Article 130 [Powers]
The law defines the powers of The Local People's Councils, the
method of electing and forming them, the rights and duties of their
members, and all relevant regulations.
Chapter 3 The Judicial Authority
Part 1 Court Judges and Public Prosecutors
Article 131 [Independence of the Judiciary]
The judicial authority is independent. The President of the Republic
guarantees this independence with the assistance of the Higher
Council of the Judiciary.
Article 132 [Higher Council of the Judiciary]
The President of the Republic presides over the Higher Council of
the Judiciary. The law defines the method of its formulation, its
powers, as well as its internal operating procedures.
Article 133 [Independence of Judges]
(1) Judges are independent. They are subject to no authority except
that of the law.
(2) The honor, conscience, and impartiality of judges are guarantees
of public rights and freedoms.
Article 134 [Sentences]
Sentences are issued in the name of the Arab people of Syria.
Article 135 [Organization]
The law organizes the judicial system along with its categories,
types, and grades of judges. It also defines the regulations
pertaining to the jurisdiction in the different courts.
Article 136 [Status of Judges]
The law defines the terms of appointment, promotion, transfer,
discipline, and removal of judges.
Article 137 [Public Prosecution]
The public prosecution is a single juridical institution headed by
the Minister of Justice. The law organizes its functions and powers.
Article 138 [Administrative Jurisdiction]
The Council of State exercises administrative jurisdiction. The law
defines the terms of appointment, promotion, discipline, and removed
of its judges.
Part 2 The Supreme Constitutional Court
Article 139 [Membership]
The Supreme Constitutional Court is composed of five members, of
whom one will be the President, and all of whom are appointed by the
President of the Republic by decree.
Article 140 [Incompatibility]
It is not permissible to combine the membership of the Supreme
Constitutional Court with a ministerial post or membership in the
People's Assembly. The law defines other functions which cannot be
combined with court membership.
Article 141 [Term]
The term of membership of the Supreme Constitutional Court is 4
years subject to renewal.
Article 142 [Dismissal]
Members of the Supreme Constitutional Court cannot be dismissed from
court membership except in accordance with the provisions of the
law.
Article 143
Before assuming their duty, the President and members of the Supreme
Constitutional Court take the following oath before the President of
the Republic and in the presence of the speaker of the People's
Assembly:
"I swear by the Almighty to respect the country's Constitution and
laws and to carry out my duty with impartiality and loyalty."
Article 144 [Electoral Control]
The Supreme Constitutional Court determines the validity of the
special appeals regarding the election of the members of the
People's Assembly and submits to it a report on its findings.
Article 145 [Constitutional Review]
The Supreme Constitutional Court looks into and decides on the
constitutionality of laws in accordance with the following:
1) Should the President of the Republic or a quarter of the People's
Assembly members challenge the constitutionality of a law before its
promulgation, the promulgation of such law is suspended until the
court makes a decision on it within 15 days from the date the appeal
was filed with it. Should the law be of an urgent nature, the
Supreme Constitutional Court must make a decision within 7 days.
2) Should a quarter of the People's Assembly members object to the
constitutionality of a legislative decree within 15 days of the date
of the People's Assembly session, the Supreme Constitutional Court
must decide on it within 15 days from the date the objection was
filed with it.
3) Should the Supreme Constitutional Court decide that a law or a
decree is contrary to the Constitution, whatever is contrary to the
text of the Constitution is considered null and void with
retroactive effect and has no consequence.
Article 146 [No Review Of Referendum Laws]
The Supreme Constitutional Court has no right to look into laws
which the President of the Republic submits to public referendum and
are approved by the people.
Article 147 [Review of Drafts]
The Supreme Constitutional Court, at the request of the President of
the Republic, gives its opinion on the constitutionality of bills
and legislative decrees and the legality of draft decrees.
Article 148 [Constitutional Court Statute]
The law determines the procedure of hearing and adjudicating in
matters coming under the jurisdiction of the Supreme Constitutional
Court. It also defines the court staff, the qualifications of its
members, and prescribes their salaries, immunities, privileges, and
responsibilities.
Part 3 Amending the Constitution
Article 149 [Initiative, Majority]
(1) The President of the Republic as well as a two-thirds majority
of the People's Assembly members have a right to propose amending
the Constitution.
(2) The amendment proposal includes the provisions to be amended and
the reasons for it.
(3) Upon receipt of the proposal, the People's Assembly sets up a
special committee to investigate it.
(4) The Assembly discusses the amendment proposal, and if approved
by a two-thirds majority of its members, the amendment is considered
final, provided it is approved by the President of the Republic. It
will then be included in the body of the Constitution.
Chapter 4 General and Transitory Provisions
Article 150 [Preamble is Part of Constitution]
The preamble of this Constitution is considered an integral part of
it.
Article 151 [First Amendments]
This Constitution may not be amended before the lapse of 18 months
from the date it comes into effect.
Article 152 [Temporary Election Control]
Until the Supreme Constitutional Court is formed, the general body
of the Court of Cessation has the jurisdiction to examine appeals
regarding the validity of the election of the members of the
People's Assembly after such appeals are referred to it by the
President of the Assembly. The court submits to the President of the
Assembly a report of its findings.
Article 153 [Old Laws]
Legislation in effect and issued before the proclamation of this
Constitution remains in effect until it is amended so as to be
compatible with its provisions.
Article 154 [Term of President]
The term of the incumbent President of the Republic expires after 7
years of the Christian Era from the date of the announcement of his
election as President of the Syrian Arab Republic.
Article 155 [First Parliamentary Elections]
Elections for the first People's Assembly are held under the
Constitution within 90 days from the date it is declared approved by
a public referendum.
Article 156 [Publication, Enforcement]
The President of the Republic publishes this Constitution in the
Official Gazette and it is considered in effect from the date of its
approval by a public referendum.
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