Does Syria need a new constitution? Wednesday, 26 October 2011 00:47
In the framework of its strenuous efforts to regain control of the situation, contain the revolutionary people’s revolution for their freedom and inform the outside world that it is moving on the path of reform, President Bashar Al Assad on Saturday decided to form a committee comprising 29 members to draft a new constitution for the country, as the committee will end its mission within a period not exceeding four months from the date of issuance of the decision. The Assistant Secretary of the Baath Party explained that “the new constitution will be approved by two-thirds of the parliament and forwarded for referendum”.
The current Syrian constitution which was issued in 1973 is the longest-lived constitution in a long series of constitutions known to Syria since 1920. The number could be closer than eighteen constitutions, some of them were permanent and other temporary and some were drafts that didn’t see the light.
The current constitution was made with the same way the other constitutions of the Baath in Syria were made. It is different from the previous constitutions, in which the people had an opinion through the association or an elected constituent assembly. The statement that the current constitution was passed after the approval of the people by a referendum in 1973 will not change anything, as its draft was prepared by the Council of the People that was purified by the national leadership of the party. The result of the referendum in authoritarian states, often, is taken for the interest of the power that controls the reins of the country and often it goes up to over 90 percent!
Perhaps the most prominent part raised regarding the current constitution is the text of Article VIII, which stresses that “the Arab Baath Socialist Party is the leading party in the society and the state and this article sets apart the abolition of political pluralism and the distinction between the rights of citizens in politics and different constitutional and civil positions.
In answer to the question of the article: will the issuance of a new constitution in Syria restore confidence in the system? I remembered what was quoted from the philosopher “John Austin” more than one hundred and fifty years ago about his denial of the legal status of the constitution, claiming that the properties of the law lie in being its principles general, abstract and binding. The constitution even its principles are general and abstract, are non-binding. The constitution comes to regulate the rule in the country and defines the terms of the ruler, his authority and the limits of other public authorities in the country. If the violation of these rules by the ruler is not associated with punishment, the constitution then is not the law because of its lack of binding.
Apart from the validity of the view of “John Austin,” we see that the constitution is like any other law and its rules can respected and applied if we find in a country the law and institutions which express the most important components such freedom, justice, equality and equal opportunities.
The issuance of a new constitution in Syria will not restore confidence in the system as long as an institutional legal environment is not established. The new constitution will be like its predecessor that was amended by a stroke of a pen in order to comply with term of the year with the age of president Bashar Al Assad, in preparation for taking the throne after his father in a state alleging that its system is republican which is based on the peaceful transfer of power through free and fair elections.
The current Syrian constitution which was issued in 1973 is the longest-lived constitution in a long series of constitutions known to Syria since 1920. The number could be closer than eighteen constitutions, some of them were permanent and other temporary and some were drafts that didn’t see the light.
The current constitution was made with the same way the other constitutions of the Baath in Syria were made. It is different from the previous constitutions, in which the people had an opinion through the association or an elected constituent assembly. The statement that the current constitution was passed after the approval of the people by a referendum in 1973 will not change anything, as its draft was prepared by the Council of the People that was purified by the national leadership of the party. The result of the referendum in authoritarian states, often, is taken for the interest of the power that controls the reins of the country and often it goes up to over 90 percent!
Perhaps the most prominent part raised regarding the current constitution is the text of Article VIII, which stresses that “the Arab Baath Socialist Party is the leading party in the society and the state and this article sets apart the abolition of political pluralism and the distinction between the rights of citizens in politics and different constitutional and civil positions.
In answer to the question of the article: will the issuance of a new constitution in Syria restore confidence in the system? I remembered what was quoted from the philosopher “John Austin” more than one hundred and fifty years ago about his denial of the legal status of the constitution, claiming that the properties of the law lie in being its principles general, abstract and binding. The constitution even its principles are general and abstract, are non-binding. The constitution comes to regulate the rule in the country and defines the terms of the ruler, his authority and the limits of other public authorities in the country. If the violation of these rules by the ruler is not associated with punishment, the constitution then is not the law because of its lack of binding.
Apart from the validity of the view of “John Austin,” we see that the constitution is like any other law and its rules can respected and applied if we find in a country the law and institutions which express the most important components such freedom, justice, equality and equal opportunities.
The issuance of a new constitution in Syria will not restore confidence in the system as long as an institutional legal environment is not established. The new constitution will be like its predecessor that was amended by a stroke of a pen in order to comply with term of the year with the age of president Bashar Al Assad, in preparation for taking the throne after his father in a state alleging that its system is republican which is based on the peaceful transfer of power through free and fair elections.
ليست هناك تعليقات:
إرسال تعليق