Constitution of Syria

Syria has had various constitutions, the first being the Syrian Constitution of 1930. The most recent constitution was in force from 26 February 2012 until the fall of the Assad regime on 8 December 2024. A new constitution will be drafted by the Syrian Transitional Government by 2025.^[1]

History

Timeline of the Syrian constitutions

Early constitutions

The Syrian Constitution of 1930, drafted by a committee under Ibrahim Hananu, was the founding constitution of the First Syrian Republic. The constitution required the President to be of Muslim faith (article 3). It was replaced by the Constitution of 5 September 1950, which was restored following the Constitution of 10 July 1953 and the Provisional Constitution of the United Arab Republic.

Constitutions of Ba'athist Syria

The provisional Constitution of the United Arab Republic was eventually replaced by the Provisional Constitution of 25 April 1964 which itself was replaced by the Provisional Constitution of 1 May 1969.

Constitution of 1973

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

Constitution of 2012

Main article: 2012 Constitution of Ba'athist Syria

Following the 2011 Syrian revolution, the Syrian government drafted a new constitution and put it to a referendum on 26 February 2012, which was unmonitored by international observers. The modifications in the constitution were cosmetic and part of Ba'athist government's response to the nation-wide protests. Since the move monopolized power of the Government of Syria and was drafted without consultation outside loyalist circles, Syrian opposition and revolutionary parties boycotted the referendum, resulting in very low participation as per government data.^[5] The referendum resulted in the adoption of the new constitution, which came into force on 27 February 2012.^[6] This constitution will be phased out once the new constitution by the Syrian Transitional Government takes place.^[7]

On 23 January 2017, Russian diplomats presented a draft constitution for a new Syrian constitution which was rejected by the opposition delegates.^[8][9]

Upcoming constitution of 2025

A new constitution by the Syrian Transitional Government is expected to be drafted.^[10] On 12 December 2024, spokesman of the transitional government said that during the government's three-month term the constitution and parliament would be suspended, adding that a 'judicial and human rights committee' would be established to review the constitution prior to making amendments.^[11]

References

1. "Syrian opposition leader says state institutions will be preserved in 18-month transition". Middle East Eye. Retrieved 8 December 2024.
2. "Syria's Assad to 'End' One-Party Rule". ibtimes.com. 15 February 2012. Retrieved 15 April 2018.
3. "Amending the Syrian constitution... Achieving a quota or reaching a solution?". 18 June 2018.
4. "Amending the Syrian constitution... achieving a quota or reaching a solution?". Enab Baladi. 18 June 2018. Retrieved 2020-06-03.
5. 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.
6. "Presidential Decree on Syria's New Constitution". Syrian Arab News Agency. 28 February 2012. Retrieved 28 February 2012.
7. "Syrian opposition leader says state institutions will be preserved in 18-month transition". Middle East Eye. Retrieved 8 December 2024.
8. "Syrian Arab Republic 2017 Constitution - Constitute". www.constituteproject.org. Retrieved 2023-12-01.
9. "Key points of the Russian proposal for Syria's new constitution". alarabiya.net. 2017-01-26.
10. "Syrian opposition leader says state institutions will be preserved in 18-month transition". Middle East Eye. Retrieved 8 December 2024.
11. AFP (2024-12-12). "Syria's new govt says to suspend constitution, parliament for three months". Brecorder. Retrieved 2024-12-12.

External links

• The 1930 Syrian Constitution (in its French version) is integrally reproduced in: Giannini, A. (1931). Le costituzioni degli stati del vicino oriente. Istituto per l'Oriente.
• Constitution of Syria (1973) at the International Constitutional Law (ICL) Project
• Constitution of Syria (2012) (CC-BY-licensed English translation by Qordoba)
• Constitution of Syria (2012) (English translation by the Syrian Arab News Agency)