Constitutional Law

Constitution of the Syrian Arab Republic

• Islamic jurisprudence is considered a primary source of legislation.
• Legislative authority is vested in the People’s Assembly, which is comprised of 250 members representing the various provinces and who are elected every four years.
• Executive authority is vested in the President of the Republic who is elected every seven years, and the Council of Ministers.
• In addition to other conditions, the President must be a member of the Muslim faith; have attained the age of 40 years before assuming office; and must have permanently resided in Syria for 10 continuous years at the time he announces his nomination for the presidency.
• The President also has the authority to assume legislative authority in various instances.
• The Council of Ministers is headed by the Prime Minister who, along with the ministers, is appointed by the President of the Republic.
• The judicial branch is overseen by the Supreme Judicial Council, which is headed by the President of the Republic and the Minister of Justice, who serves as his deputy.
• The Supreme Constitutional Court rules on the constitutionality of legislation; overseas the presidential election, particularly since it reviews candidacy applications; hears electoral disputes arising from the presidential and parliamentary elections; and it has jurisdiction over the President of the Republic if he is accused of criminal offences.
• The principle of political pluralism is officially adopted thereby revoking the Baath Party’s status as the leader of state and society.
• In terms of economic policy, the roles of both the public and private sectors in achieving economic growth are formally adopted.

• The Constitution of 2012 replaces the Constitution of 1973.
• Other previous constitutions were drafted in 1920, 1928, 1930, 1950, 1953 and 1958.
• Presidential, parliamentary and local council elections are held in accordance with the Electoral Law 5/2014.
• Political parties are governed by Legislative Decree 100/2011.
• The powers of the Supreme Constitutional Court are contained in Law 7/2014.

• The Constitution of 2012 was officially adopted by a referendum held amidst the background of internal unrest in Syria that started in 2011, which precipitated its drafting.

Electoral Law

• Governs presidential, parliamentary and local council elections.
• Gives effect to the electoral process adopted in the current Constitution.
• Supervision over the electoral process lies with the judiciary. Legislative Decree 101/2011 had previously transferred responsibility over the electoral process from the executive branch to the judiciary, and this principle is preserved by Law 5/2014. The Ministry of Interior had maintained responsibility for the electoral process from 1973-2011.
• Lays down conditions that candidates for political office must satisfy including age, nationality and residency requirements.
• Provides for the regulation of campaign financing.
• Sanctions the use of criminal penalties to deal with violations in the electoral process.

• Replaces the previous law contained in Legislative Decree 101/2011.

• Law 5/2014 replaces Legislative Decree 101/2011 less than three years since the latter came into effect.
• Legislative Decree 101/2011 was enacted as part of the government’s proposed package of legislative reforms in response to the growing unrest in the country that started in 2011 and in anticipation of parliamentary elections the following year.
• Since Legislative Decree 101/2011 only made reference to parliamentary and local council elections, Law 5/2014 took account of the upcoming presidential elections in mid-2014.

Political Parties Law

• Lays down regulations concerning the establishment of political parties and how they conduct their activities.
• Parties must not be formed on the basis of religion, sect, tribe, race, gender, region or profession.
• In addition to other conditions, party founders must have been Syrian nationals for at least 10 years; have attained 25 years of age; and are resident in Syria.
• A minimum of 1,000 members drawn from at least half the Syrian provinces are needed in order to form a party and each province should be represented by a minimum of five percent of the total number of members.

• Complements the current Constitution’s adoption of political pluralism as a stated policy.

• Enacted as part of the government’s proposed package of legislative reforms in response to the growing unrest in the country that started in 2011.

Local Administration Law

• Local administrative bodies are recognized and manage issues at the provincial and municipal levels.
• Local councils are formed in provinces, cities, towns and municipalities.
• Local councils are elected in accordance with the Electoral Law 5/2014.
• Each province is headed by a governor appointed by the President of the Republic who coordinates with the government in Damascus.
• Seeks to promote decentralization, enable local councils to execute development plans, increase financial revenues for local councils, improve society at the local level and facilitate services for citizens.
• The Supreme Council for Local Administration is charged with overseeing the application of this law and its objectives.

• Replaces the previous law contained in Legislative Decree 15/1971.
• Gives effect to the local administration provisions contained in the current Constitution.

• Enacted as part of the government’s proposed package of legislative reforms in response to the growing unrest in the country that started in 2011.