The Syrian Constitutional Declaration established a transitional phase lasting five years, following its signing by Interim Government President, Ahmed Al-Sharaa.
Expressing hope for a new era in Syria, Al-Sharaa, stated, “We hope that this marks a new era for Syria in which we replace ignorance with science, suffering with mercy, and where this serves as a promising prelude for the Syrian people”.
Comprising 4 sections and 53 articles, The Constitutional Declaration affirms that all citizens are equal before the law, regardless of race, religion, sex, or descent. The State is tasked with safeguarding human rights and fundamental freedoms, ensuring adherence to international treaties, covenants, and conventions.
Article 23 stipulates that the State shall protect rights and freedoms exercised in accordance with the law. However, it allows for restrictions deemed necessary for national security, territorial integrity, public safety, crime prevention, and the protection of public order as well as public health or morals.
Article 43 asserts judicial independence, stating that judges are subject only to the law. The Supreme Council of the Judiciary is responsible for ensuring the judiciary’s proper functioning and upholding its independence. The judicial system is dual in nature, comprising both ordinary and administrative courts. While the Council of State supervises administrative courts, the Judicial Council oversees ordinary and military courts.
Read more: Can Syrian Agriculture Reclaim Its Former Strength?
Despite the judicial safeguards, concerns have arisen regarding the presidential system introduced by the Constitutional Declaration, the abolition of the prime ministerial position and the centralization of certain powers in the hands of the head of state, including the appointment of some members of the People’s Assembly, have sparked fears that public freedoms may be compromised and that a new form of authoritarian rule could emerge.
Syrian politician Darwish Khalifa explained that the Constitutional Declaration was established based on revolutionary legitimacy, which granted HTS leader Ahmed al-Sharaa authority before he assumed the interim presidency.
Khalaf noted that, as seen in other cases of military regime overthrows or coups, the victor’s will often dictates the constitutional framework.
Speaking to + 963, Khalifa highlighted that the declaration includes 12 articles enshrining fundamental rights sought by Syrians since the start of the revolution. However, some critics have objected to maintaining the inherited designation “Syrian Arab Republic” in the new Constitution.
Khalifa clarified that this designation was retained due to geopolitical considerations and the necessity of engaging with Arab nations such as Riyadh and other regional capitals.
Dr. Majid Boden, a Paris-based professor of international law, told +963 that while most constitutions emphasize the separation of powers as a safeguard for rights and freedoms, mere constitutional provisions do not guarantee their implementation.
He argued that the Syrian Constitutional Declaration lacks legal legitimacy due to its unilateral adaption and reliance on general principles. Moreover, he criticized its religious references, asserting that constitutions should be founded on principles of equality, justice, and human rights rather than religious doctrine.
Khalifa emphasized that the Constitutional Declaration is not an immutable text, but rather a temporary framework subject to amendment as circumstances evolve.
Boden reinforced this view, stressing that the true test of judicial independence lies in the mechanism governing the judiciary’s autonomy, oversight, and appeal processes. He also underscored the importance of legal safeguards to prevent the arbitrary deprivation of liberties, even under judicial orders, advocating for a system that ensures the protection of individual rights within a just and independent judiciary.
