The Constitutional Declaration in Syria has faced widespread criticism and objections over its perceived failure to reflect national diversity among all components of the Syrian people, as well as concerns about the concentration of power and decision-making. Conversely, some argue that the Constitutional Declaration should be viewed as a temporary measure regulating the transitional phase rather than a permanent constitution for the country.
On 13 March 2025, Ahmed al-Sharaa, head of the Interim Government in Syria, signed the Constitutional Declaration after the Preparatory Committee, comprising seven jurists, submitted a full draft. The committee stated that the draft was based on the outcomes of the National Dialogue Conference, which was established in February 2025.
Following the fall of the ousted regime on 8 December 2024, the new Syrian administration announced the abolition of the constitution, the dissolution of the army, the security services, the People’s Assembly and the Arab Baath Socialist Party, and appointed al-Sharaa as the head of the Interim Government to lead the transitional phase.
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From Damascus, Dr. Raiq Shalaan, a Professor of International Law, spoke to +963 about the Constitutional Declaration, emphasizing the exceptional circumstances under which it was issued. The process of drafting a suitable constitution for Syrians, and the key legislative challenges ahead.
+963 asked Professor Raiq Shalaan the following questions,
Following the adoption of the Constitutional Declaration, several of its articles have faced objections. Does this indicate that the Declaration was rushed and requires further refinement?
No legal document is without gaps or shortcomings, and the Constitutional Declaration is no exception. Given Syria’s exceptional circumstances, its promulgation was necessary to prevent a constitutional vacuum. The right of certain segments of the Syrian population to object is itself enshrined in the Declaration. I believe the new Syrian administration will take these objections seriously to achieve a broader consensus and ensure stability and civil peace.
What are the primary legislative obstacles to drafting Syria’s new constitution?
Several challenges must be addressed in drafting Syria’s new constitution, including defining the political system, structuring the state’s administrative organization, delineating the relationship between the executive, legislative, and judicial branches, determining the extent of the head of state’s powers, and regulating political parties.
Is a five-year transition period too long, given Syria’s urgent need for stability, which is also crucial for regional security?
Syria needs sufficient time to rebuild after the devastating fourteen-year war. Establishing a stable, permanent phase necessitates creating a conducive environment, particularly in terms of security, economic recovery, and social justice.
Does the provision that “Islamic jurisprudence is the primary source of legislation” reassure sectarian and ethnic minorities, who have long harboured concerns, especially in light of Syria’s prolonged conflict?
Islamic jurisprudence is a principal official source of legislation, but not the sole one. Other significant sources are also recognized. Additionally, the Constitutional Declaration affirms that the personal status of religious communities is safeguarded and lawful and that Syria remains bound by international human rights conventions.
How can a constitution be drafted that is suitable for Syria as a nation and inclusive of all Syrians?
A permanent constitution that represents all Syrians can be achieved by drawing from Syria’s previous constitutional experiences, particularly the 1950 Constitution, as well as from other nations that have undergone similar transitions. Most importantly, the process must involve qualified representatives from all components of Syrian society, ensuring their participation in drafting the constitution and allowing the people to exercise their right to a popular referendum to approve it.
