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Constitution of Syria

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Fundamental law of the Second Syrian Republic (1950-63) and modern Syria

Constitution of Syria
Constitutional Declaration of the Syrian Arab Republic (2025) signed by Syrian PresidentAhmed al-Sharaa
Overview
JurisdictionSyria
Created2 March 2025
Ratified13 March 2025
Date effective13 March 2025
SystemUnitarypresidential republic under atransitional government
Government structure
Branches3 (executive,legislative,judiciary)
ChambersPeople's Assembly
ExecutivePresident
JudiciaryIndependent[a]
Supersedes2012 Constitution of Ba'athist Syria

Arab LeagueMember State of the Arab League


Syria has had variousconstitutions, the first being theSyrian Constitution of 1930. A newinterim constitution was adopted on 13 March 2025,[2][3] replacing the 2012 constitution after thefall of the Assad regime.

History

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Timeline of the Syrian constitutions

Early constitutions

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TheSyrian Constitution of 1930, drafted by a committee underIbrahim Hananu, was the founding constitution of theFirst Syrian Republic. The constitution required the President to be of Muslim faith (article 3). It was replaced by theConstitution of 5 September 1950, which was restored following theConstitution of 10 July 1953 and theProvisional Constitution of the United Arab Republic.[4]

Constitutions of Ba'athist Syria

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Following the1963 Syrian coup d'état, the first decision of the "Revolution Command Council," chaired byLu'ay al-Atassi, was to suspend the provisional constitution of the United Arab Republic, arrest PresidentNazim al-Qudsi and Prime MinisterKhalid al-Azm, and impose astate of emergency that lasted for 48 years until it was lifted in April 2011.[5] A new Provisional Constitution was adopted on 25 April 1964 which itself was replaced by the Provisional Constitution of 1 May 1969.[6]

Constitution of 1973

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Main article:1973 Constitution of Ba'athist Syria

A new constitution was adopted on 13 March 1973 and was in use until 27 February 2012. The constitution officially entrenched the power of theArab Socialist Ba'ath Party, with its 8th article describing the party as "the leadingparty in the society and the state", outlining its political system as aone-party state under the Ba'ath party.[7] The constitution has been amended twice. Article 6 was amended in 1981.[8] The constitution was last amended in 2000 when the minimum age of the President was lowered from 40 to 34.[9]

Constitution of 2012

[edit]
Main article:2012 Constitution of Ba'athist Syria

Following the2011 Syrian revolution, the Syrian government drafted a new constitution and put it to areferendum on 26 February 2012, which was unmonitored by international observers. The modifications in the constitution were cosmetic and part of the Ba'athist government's response to the nationwide protests. Since the move monopolized the power of theGovernment of Syria and was drafted without consultation outside loyalist circles,Syrian opposition andrevolutionary parties boycotted the referendum, resulting in very low participation as per government data.[10] The referendum resulted in the adoption of the new constitution, which came into force on 27 February 2012.[11]

On 23 January 2017, Russian diplomats presented a draft constitution for a new Syrian constitution which was rejected by the opposition delegates.[12][13]

The constitution ceased to be in effect after thefall of the Assad regime on 8 December 2024 and was officially phased out on 29 January 2025.[14][15]

Post-Ba'athist Syria Constitution

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After thefall of the Assad regime,Syria TV reported on 29 December 2024, that preparations were underway for a National Conference with 1,200 representatives, though the date had not yet been decided. During the conference, a constitutional drafting committee would be announced, thePeople's Assembly of Syria and allarmed factions, includingHay'at Tahrir al-Sham, would be dissolved, and a new national army would be restructured.[16] Later that day, Syriande facto leaderAhmed al-Sharaa stated that elections could take up to 4 years to be organized, with the need to conduct a census beforehand.[17]

2025 interim constitution

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Main article:2025 Interim Constitution of Syria

On 29 January 2025, during theSyrian Revolution Victory Conference, Hassan Abdel Ghani, spokesman for theMilitary Operations Command, announced the dissolution of the 2012 Syrian constitution. PresidentAhmed al-Sharaa stated he would issue a "constitutional declaration" to serve as a "legal reference" pending a new constitution.[18]

On 12 February 2025, the transitional government announced the formation of a preparatory committee[19] for the then upcomingSyrian National Dialogue Conference, comprising seven members: Hassan al-Daghim, Maher Alloush, Mohammed Mastet, Youssef al-Hijr, Mustafa al-Mousa, Hind Kabawat, and Houda Atassi.[20] On 2 March 2025, President Al-Sharaa declared the establishment of a committee tasked with drafting a constitutional declaration to guide the country's transition following the ousting of theAssad regime.[21] On 13 March 2025, President Al-Sharaa ratified theinterim constitution, which will be valid for five years.[2][3]

The constitution sets apresidential system,[22] without the position ofprime minister[23] with the executive power at the hands of the president who appoints the ministers.[24] This constitution enshrines Islamic law as the main source of jurisprudence while preserving freedoms of opinion and expression.[25] ThePeople's Assembly has been established to serve as an interim parliament during the five-year transition, overseeing the drafting of a new permanent constitution.[26] The president appoints one third of the members of the People's Assembly as well as the judges of the constitutional court without the need to receive a confirmation from the parliament.[27]

Notes

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  1. ^According to Article 43 of theInterim Constitution, the judiciary is independent, and judges are subject only to the law.[1]

References

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  1. ^وصحف, وكالات (13 March 2025)."النص الكامل للإعلان الدستوري السوري (13 آذار 2025)".kassioun.org (in Arabic). Retrieved16 March 2025.
  2. ^ab"Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years".CNN. Retrieved13 March 2025.
  3. ^ab"Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years".The Washington Post. 13 March 2025. Retrieved13 March 2025.
  4. ^"Syria's constitutional history: Past charters and future prospects".en.majalla.com. Retrieved20 March 2025.
  5. ^"Assad ends five decades of emergency rule". France 24. 21 April 2011.
  6. ^Atassi, Karim, ed. (2018),"The Fourth Republic",Syria, the Strength of an Idea: The Constitutional Architectures of Its Political Regimes, Cambridge: Cambridge University Press, pp. 252–337,ISBN 978-1-107-18360-5, retrieved20 March 2025
  7. ^"Syria's Assad to 'End' One-Party Rule".ibtimes.com. 15 February 2012.Archived from the original on 6 March 2016. Retrieved15 April 2018.
  8. ^"Amending the Syrian constitution... Achieving a quota or reaching a solution?". 18 June 2018.Archived from the original on 18 June 2018. Retrieved11 November 2019.
  9. ^"Amending the Syrian constitution... achieving a quota or reaching a solution?". Enab Baladi. 18 June 2018.Archived from the original on 18 June 2018. Retrieved3 June 2020.
  10. ^Szmolk, Inmaculada (2017).Political Change in the Middle East and North Africa: After the Arab Spring. Edinburgh, United Kingdom: Edinburgh University Press. pp. 132–133.ISBN 978-1-4744-1528 6.
  11. ^"Presidential Decree on Syria's New Constitution".Syrian Arab News Agency. 28 February 2012. Archived fromthe original on 29 February 2012. Retrieved28 February 2012.
  12. ^"Syrian Arab Republic 2017 Constitution - Constitute".www.constituteproject.org.Archived from the original on 5 December 2023. Retrieved1 December 2023.
  13. ^"Key points of the Russian proposal for Syria's new constitution".alarabiya.net. 26 January 2017.Archived from the original on 23 February 2024. Retrieved1 December 2023.
  14. ^"Syrian opposition leader says state institutions will be preserved in 18-month transition".Middle East Eye. Retrieved8 December 2024.
  15. ^"Syria suspends constitution, declares Ahmed al-Sharaa transitional president".al monitor. 29 January 2025. Retrieved13 March 2025.
  16. ^"1200 شخصية تتحضر للاجتماع في دمشق: لجنة دستورية وأخرى استشارية للرئيس المؤقت".Syria TV (in Arabic). 29 December 2024.Archived from the original on 9 January 2025. Retrieved20 March 2025.
  17. ^Ebrahim, Nadeen; Salem, Mostafa (30 December 2024)."Syrian elections could take up to 4 years to organize, de facto leader says".CNN.Archived from the original on 3 January 2025. Retrieved3 January 2025.
  18. ^"Syria's interim president vows to preserve 'civil peace' in first address".France24. 30 January 2025.Archived from the original on 30 January 2025. Retrieved13 March 2025.
  19. ^Moussa, Dima (8 March 2025)."Approaching the Constitutional Process in Post-Assad Syria". Constitutionnet. Retrieved16 March 2025.
  20. ^"Syrian Negotiating Committee and Coalition Prepare for Dissolution in Meeting with President Sharaa".Syrian Observer. 13 February 2025.Archived from the original on 19 February 2025. Retrieved13 March 2025.
  21. ^"Syria forms committee to draft constitutional declaration for country's transition".Anadolu Agency. 3 March 2025.Archived from the original on 18 March 2025. Retrieved13 March 2025.
  22. ^"sweeping powers, ignores minority rights". France24. 14 March 2025. Retrieved16 March 2025.
  23. ^"Syria's Constitutional Draft Set for Release as Fact-Finding Committee Begins Investigations". Watan News. 12 March 2025. Retrieved16 March 2025.
  24. ^"Syria's new constitution gives sweeping powers, ignores minority rights". rfi. 14 March 2025. Retrieved15 March 2025.
  25. ^"Syria keeps role for Islamic law in 5-year transition".Reuters. 13 March 2025. Retrieved13 March 2025.
  26. ^"Syrian leader signs constitution that puts the country under an Islamist group's rule for 5 years".Associated Press News. 13 March 2025. Retrieved13 March 2025.
  27. ^Ward, Euan (14 March 2025)."Syria Has a New Temporary Constitution. Here Are the Highlights". NY Times. Retrieved15 March 2025.

External links

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