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Syria CONSTITUTIONAL FRAMEWORK
Between the collapse of the Ottoman Empire in 1916 and
promulgation of a permanent constitution in 1973, Syria adopted
several constitutions, all reflecting an amalgam of West European
(chiefly French), Arab, and Islamic political cultures. The
initial impetus to constitutionalism came from Syrian nationalist
leaders of the post-World War I era who had been educated in the
West during the late nineteenth century. These leaders proposed a
Western-style parliament and a separate, independent judiciary as
a counterbalance to the untrammeled power of Ottoman and later
French Mandate administrators. The system of government
envisioned by Syrian nationalists and legal scholars was to
provide for popular participation in the political process and
constitutional safeguards of personal and political rights.
Constitutionalism failed to take hold, however, because of
unremitting postindependence instability. A change in government
leadership through a coup or a countercoup was almost always
followed by a constitutional change intended to buttress the new
political order.
In 1987 the governmental structure was based on the Permanent
Constitution of March 13, 1973. This charter is similar to the
provisional constitution of May 1, 1969, as amended in February
and June 1971. The Constitution provides for a republican form of
government in what it calls "a democratic, popular, socialist,
and sovereign state" and stipulates that the people are the
ultimate source of national sovereignty.
The Constitution reaffirms the long-held ideological premise
that Syria is only a part of the one and indivisible "Arab
nation" that is struggling for complete Arab unity. Syria is
constitutionally declared still to be a member of the Federation
of Arab Republics (FAR), which was inaugurated in April 1971 by
Egypt, Syria, and Libya. Although the FAR was short lived, its
constitutional formula provides a framework for ongoing Syrian
efforts at unity with other Arab nations.
Among the principles in the Constitution is the stipulation
that the president be a Muslim, that the main source of
legislation be Islamic fikh(doctrine and jurisprudence),
and that the Baath Party be "the vanguard party in the society
and the state." In addition, the state is directed to safeguard
the fundamental rights of citizens to enjoy freedom and to
participate in political, economic, social, and cultural life
within the limits of the law. Free exercise of religious belief
is guaranteed as long as such exercise does not affect public
order. In keeping with the Arab character of the nation, the
purpose of the educational system is described as creation of "an
Arab national socialist generation with scientific training"--a
generation committed to establishment of a united Arab socialist
nation.
The Constitution's economic principles not only set forth a
planned socialist economy that should take into account "economic
complementarity in the Arab homeland" but also recognize three
categories of property. The three kinds are property of the
people, including all natural resources, public domains,
nationalized enterprises, and establishments created by the
state; collective property, such as assets owned by popular and
professional organizations; and private property. The
Constitution states that the social function of private property
shall be subordinated, under law, to the national economy and
public interests. However, expropriation may occur only with just
compensation.
Governmental powers are divided by the Constitution into
executive, legislative, and judicial categories
(see
fig. 13).
The Constitution is notable for strengthening the already
formidable role of the presidency; the framers of the
Constitution were clearly more concerned with the supremacy and
stability of presidential powers than with the issue of checks
and balances among the three branches of government. Official
concern for political and governmental stability is reflected in
the relatively difficult procedures for amending the
Constitution. A bill to amend the Constitution may be introduced
by the president or one-third of the members of the People's
Council (parliament), but its passage requires approval by a
majority of three-fourths of the People's Council as well as by
the president.
Data as of April 1987
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