Mar 14, 2025
By: Dr Karam Shaar
Syria’s New Constitution
The new constitution enshrines the separation of powers in Syria (Article 2).
Yet, the rest of it undermines that principle in many ways. The following executive powers are typical and expected.
•Commander-in-Chief of the Armed Forces (Article 32): The president is the supreme leader of the military, responsible for the country's security and territorial integrity.
•Executive Authority (Article 31): The president, along with the ministers [appointed by himself], manages the country's affairs, implements laws, and oversees government operations.
•Emergency Powers (Article 41): The president can declare a state of emergency and martial law, with the approval of the National Security Council, which he appoints.
But he also has the following legislative powers:
•Legislative Proposal (Article 39): The president has the right to propose laws and issue decrees with the force of law. The president can also veto laws passed by the legislature, which can only be overridden by a two-thirds majority.
Yet, if you look at the composition of the legislature, you realize that’s not even possible:
•Influence over Parliament Composition (Article 24): The president forms a high committee to select two thirds of the members of the parliament and directly appoints one-third.
But Presidential powers extend well beyond the Executive and Legislative branches.
• Judicial Influence (Articles 47): The president appoints all judges to the constitutional court.