The 1973 Constitution of the

Syrian Arab Republic Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...

was adopted on 13 March 1973 and was in use until 27 February 2012. It describes Syria's character to be

Arab The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, No ...

, democratic, and

republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...

an. Further, in line with

pan-Arab Pan-Arabism ( ar, الوحدة العربية or ) is an ideology that espouses the unification of the countries of North Africa and Western Asia from the Atlantic Ocean to the Arabian Sea, which is referred to as the Arab world. It is closely c ...

ideology, it positions the country as a region of the wider

Arab world The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western As ...

and its people as an integral part of the

Arab nation The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western As ...

. It entrenched the power of the Arab Socialist Ba'ath Party, its Article's original 8 describing the party as "the leading

party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature f ...

in the society and the state", even if Syria was not, as is often believed, a

one-party system A one-party state, single-party state, one-party system, or single-party system is a type of sovereign state in which only one political party has the right to form the government, usually based on the existing constitution. All other partie ...

in formal terms.

History

The Constitution of 1973 replaced a Provisional Constitution of 1 May 1969. The constitution was amended in 2000 to change the minimum age of the President from 40 to 34. During the

2011–2012 Syrian uprising The early insurgency phase of the Syrian Civil War lasted from late July 2011 to April 2012, and was associated with the rise of armed oppositional militias across Syria and the beginning of armed rebellion against the authorities of the Syrian ...

, a new constitution based on the 1973 constitution was put to a referendum, which resulted in its adoption. The new constitution came into force on 27 February 2012, thus superseding the Constitution of 1973.

Overview

The 1973 constitution begins with a Preamble and is then divided into four parts, called Chapters, which are in turn subdivided into Parts (and in some cases Sections) and Articles.

Preamble

The preamble contains the five main principles of the constitution. First, it defines the

's aspirations in unity, freedom and

socialism Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the e ...

and stipulates that the means to achieve these aspirations lie in the wider Arab revolution. Second, within the reality of a divided Arab nation, collective defense will be needed to counter the dangers of

imperialism Imperialism is the state policy, practice, or advocacy of extending power and dominion, especially by direct territorial acquisition or by gaining political and economic control of other areas, often through employing hard power (economic and ...

and

Zionism Zionism ( he, צִיּוֹנוּת ''Tsiyyonut'' after ''Zion'') is a nationalist movement that espouses the establishment of, and support for a homeland for the Jewish people centered in the area roughly corresponding to what is known in Je ...

. Third, affirms the nation's commitment to the march toward the establishment of socialist order. Forth, stipulates that individual freedom is a sacred right and that

popular democracy : ''Not to be mistaken with Irish or Marxist-Leninist People's Democracy. For the Italian party see Popular Democracy (United Left). For the Ecuatorian party see Christian Democratic Union (Ecuador)'' Popular democracy is a notion of direct de ...

is the "ideal formulation which insures for the citizen the exercise of his freedom." Fifth, states that the Arab revolution is an integral part of the wider world liberation movement for freedom, independence and progress.Robbers, 2007, p.896.

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

Chapter 1 contains 49 articles in four parts and provides the political, economic, educational, and cultural principles and the fundamental rights.

Political Principles

The first article of the constitution states that "the

is a democratic, popular, socialist, and sovereign state. No part of its territory can be ceded." Article 3 stipulates that

Islamic jurisprudence ''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ex ...

shall be a (not ''the'') main source of legislation. The article was later amended to include that the

president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

must be of the

Islamic Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or ''Allah'') as it was revealed to Muhammad, the main ...

faith. The constitution does not declare Islam as the

state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...

.Robbers, 2007, p.899. Article 4 declares that

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walte ...

is the

official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...

of the Syrian Arab Republic and that

Damascus )), is an adjective which means "spacious". , motto = , image_flag = Flag of Damascus.svg , image_seal = Emblem of Damascus.svg , seal_type = Seal , map_caption = , ...

is the capital of the nation. Article 8 of the constitution defines the

Baath Party The Arab Socialist Baʿath Party ( ar, حزب البعث العربي الاشتراكي ' ) was a political party founded in Syria by Mishel ʿAflaq, Ṣalāḥ al-Dīn al-Bītār, and associates of Zaki al-ʾArsūzī. The party espoused B ...

as the "leading party in the society and the state," and presents the National Progressive Front as the only framework for legal political party participation for citizens.Robbers, 2007, p.898.

Economic Principles

The constitution defines the state economy as a planned socialist economy which aims to end all forms of exploitation. Three forms of property is presented by the constitution: public, collective and individual property. The constitution guarantees that private property shall not be expropriated except for the public interest and in return for fair compensation.

Educational and Cultural Principles

Article 21 of the constitution defines the goals of the educational and cultural system:

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.

Freedom, Rights and Public Duties

The constitution distinguishes between universal

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...

that apply to every human being and those that apply to Syrian citizens only. The constitution guarantees the freedom of expression, assembly and religion for all citizens. It stipulates that the state is the guarantor and protector of the citizen's personal freedom and dignity. The constitution guarantees that all citizens will be equal before the law in their rights and duties. It also states that work is a right and duty for every citizen and that the state will undertake to provide work for all citizens.

Chapter 2

Chapter 2 contains 81 articles in three parts. It discusses the powers of the

Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...

n state, including, the legislative authority, the

executive authority The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ba ...

and the Local People's Councils.

Legislative Authority

The constitution defines the People's Assembly as a

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...

legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as ...

consisting of 250 members.Robbers, 2007, p.897 Members of the People's Assembly are elected to a 4-year term by general, secret, direct and equal ballot. The constitution provides a 50% quota of the People's Assembly to workers and peasants. The powers of the People's Assembly include, nomination of the president, debating cabinet policy, approving the budget and ratification of international treaties. The Assembly can not initiate laws but it has the right to amend and approve them. The president is only liable to the assembly in cases of

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

Executive Authority

=President of the Republic

= The constitution stipulates that the President of the Republic is the head of the state, the chief executive officer of the

and the commander-in-chief of the

armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

. The nomination for the presidency is proposed by the

Ba'ath Party The Arab Socialist Baʿath Party ( ar, حزب البعث العربي الاشتراكي ' ) was a political party founded in Syria by Mishel ʿAflaq, Ṣalāḥ al-Dīn al-Bītār, and associates of Zaki al-ʾArsūzī. The party espoused B ...

and approved by the

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

. According to the constitution, the nominee must be Arab Syrian,

Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...

and over 34 years of age. The nominee is then confirmed through a referendum for a 7-year term. The constitution does not specify a term limit for the president. The constitution gives the office of the president great executive and legislative powers. The president is responsible for appointing and dismissing the

Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...

, the

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is n ...

, and other top civil servants and military officers as well as members of the High Constitutional Court. The president may also dissolve the People's Assembly and appoint an unlimited number of

vice presidents A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...

=Cabinet and Council of Ministers

= The constitution defines the cabinet as the highest executive and administrative body. It consists of the prime minister, the deputy prime minister and the ministers. The constitution states that the ministers are responsible to the president of the republic.

Local People's Councils

Article 129 of the constitution defines the Local People's Councils as follows:

The Local People's Councils are bodies which exercise their powers within the administrative units in accordance with the law.

Chapter 3

Chapter 3 contains 19 articles in three parts. It discusses the structure and powers of the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

as well as the process for constitutional amendments.

Court Judges and Public Prosecutors

The president also presides over the

High Judicial Council The High Judicial Council ( ar, مجلس القضاء الأعلى السوري) is the highest judicial authority in Syria. Current members * Chairman of the High Judicial Council: President Bashar al-Assad. * Vice-Chairman of the High Judicial ...

. The constitution states that verdicts in Syrian courts shall be issued "in the name of the Arab people of Syria." It also stipulates that the

Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in ...

shall preside over the office of the public prosecutor.

The Supreme Constitutional Court

Article 143 of the constitution defines the oath taken by members of the Supreme Constitutional Court as follows:

"I swear by the Almighty to respect the country's Constitution and laws and to carry out my duty with impartiality and loyalty."

Amending the Constitution

Chapter 4

Chapter 4 contains 7 articles and includes general and transitional provisions.

References

Bibliography

* {{refend

External links

1973 Constitution of Syria
at the International Constitutional Law Project Constitutions of Syria