Constitution Of The Syrian Arab Republic

Part One: Fundamental Principles

Chapter 1: Political Principles

Article No. /1/:

1. The Syrian Arab Republic is a democratic people's state, sovereign and socialist. No part of its territory may be ceded. It is a member of the Federation of Arab Republics.

2. The Syrian Arab Region is part of the Arab Homeland.

3. The people of the Syrian Arab Region are part of the Arab Nation, who work and struggle to achieve all-embracing unity.

Article No. /2/:

1. The system of government of the Syrian Arab Region is republican.

2. Sovereignty belongs to the people, and shall be exercised by them in the manner defined by the Constitution.

Article No. /3/:

1. Islam is the religion of the President of the Republic.

2. Islamic Jurisprudence is a principal source of legislation.

Article No. /4/:

Arabic is the official language.

Article No. /5/:

Damascus is the capital of the State.

Article No. /6/:

The flag, emblem and anthem of the republic and provisions related to each one of them as being amended by virtue of Law No. /2/ dated 29.03.1980.

Article No. /7/:

The constitutional oath of office shall be as follows:

�I swear by Almighty God, loyally to safeguard the people's republican and democratic regime, to respect the laws and the Constitution, to watch over the interests of the people and the security of the Homeland, and to work and struggle to achieve the aim of the Arab Nation, of Unity, Liberty and Socialism".

Article No. /8/:

The Baath Arab Socialist Party shall be the leader party in society and the Republic and shall lead a National Progressive Front that works to unite the capacities of the masses of the people to serve the interests of the Arab Nation.

Article No. /9/:

The people's organizations and cooperative societies are institutions embodying the active forces of the people, with the aim of developing society and serving the interests of their members.

Article No. /10/:

Councils of the People are democratically elected institutions through which citizens exercise their rights of administering the Republic and directing society. �

Article No. /11/:

The armed forces and other defense organizations are responsible for the security of the Homeland and the safeguarding of the aims of the Revolution of Unity, Liberty and Socialism.

Article No. /12/:

The State shall serve the people, and its institutions shall endeavor to safeguard the fundamental rights of the citizens and develop their lives. They also shall give support to the people's organizations to enable them to develop themselves by themselves.

Chapter II: Economic Principles

Article No. /13/:

1. The economy of the republic shall be socialist and planned for the purpose of abolishing all forms of exploitation.

2. Economic planning in Syria shall take into consideration the objective of realizing the economic integration of the Arab Homeland.

Article No. /14/:

The law shall organize property, which is of three kinds:

1. People's property: This shall include natural resources, public services, and the establishments and institutions which are nationalized, or created, operated and supervised by the State in the interest of the people. These shall be protected by citizens.

2. Collective property: This includes property owned by popular and professional organizations, by production units, and cooperative Societies and other social establishments. The law shall ensure protection and support for such property.

3. Private property: includes property owned by individuals. The law shall define its social role in the service of national economy and within the development plan. Its manner of utilization shall not be directed against the interests of the people. �

Article No. /15/:

1. Private property shall not be expropriated except for a public benefit and against a fair compensation according the law.

2. General confiscation of property shall be prohibited.

3. Special confiscation may not be imposed except by a judicial decision �

4. Private confiscation may be imposed through a provision of the law and against a fair compensation.

Article No. /16/:

The law shall fix maximum limits for agrarian ownership, in a manner ensuring the protection of peasants and agricultural workers against exploitation and guaranteeing increased production.

Article No. /17/:

The right of inheritance shall be guaranteed in accordance with the law. �

Article No. /18/:

"Saving" is a national duty, protected, encouraged and regulated by the State. �

Article No. /19/:

Taxes shall be imposed on just and progressive bases and in accordance with principles of equality and social justice.

Article No. /20/:

The utilization of private and "mixed" economic enterprise shall aim to meet economic needs, to increase the national income and to ensure the welfare of the people.

Chapter III-Principles of Education and Culture

Article No. /21/:

The educational and cultural system shall aim to bring up a national Arab generation, who are socialist and scientific in their manner of thinking, attached to their land and history, proud of their heritage, and Imbued with the spirit of struggling to realize the aims of the nation of Unity, Liberty and Socialism, and of contributing to the service and progress of humanity.

Article No. /22/:

The educational system shall ensure the continued progress of the people and shall meet the needs of their continued social, economic and cultural development. �

Article No. /23/:

1. The national socialist culture shall be the basis of building up the unified socialist Arab society. It shall aim at enhancing moral values, realizing the ideals of the Arab Nation, developing society, and serving human cases the State shall encourage and protect this culture.

2. Encouraging artistic talents and capacities are the basis of society development and progress.

Artistic creation shall maintain contact with the life of the people. The state shall endeavor to develop the artistic talents and propensities of all citizens. �

3. Physical education is a basic factor in building up society. It shall be encouraged by the State in order to bring up a generation, strong in body, character and thought. �

Article No. /24/:

1. Science, scientific research and all scientific achievements constitute a main prop for the progress of Arab socialist society. The State shall give it full support.

2. The state shall protect the rights of writers and innovators that serve people�s interests.

Chapter IV: Freedoms: Public Rights and Obligations

Article No. /25/:

1. Freedom is a sacred right. The state shall guarantee the personal freedom of citizens and safeguard their dignity and security.

2. Supremacy of the law shall be a basic principle of society and the state. �

3. Citizens shall be equal before the law in rights and obligations.

4. The State shall guarantee to citizens the principle of equal opportunities. �

Article No. /26/:

Every citizen shall have the right to participate in the political, economic, social and cultural life of the country. The law shall organize this participation. �

Article No. /27/:

Citizens shall exercise their rights and enjoy their freedoms and the law shall govern that.

Article No. /28/:

1. Every accused person shall be presumed to be innocent until he is condemned by a final judicial decision.

2. No one shall be subjected to a search or inquiry, or taken into custody, except as provided by the law.

3. No one shall be subjected to physical or moral torture, or to treatment outrageous to dignity. The law shall define the penalties of such actions.

4. The right of litigation, of recourse to a court of law and of defense before it, is protected by law.

Article No. /29/:

There shall be no crime or punishment except as laid down by provisions of the law.

Article No. /30/:

Provisions of the law shall not apply except to acts that follow the date of their coming into effect. They shall not have retroactive effect. The law, however, may provide otherwise in non-penal matters.

Article No. /31/:

Houses are inviolable and shall not be entered, or searched except in cases defined by the law.

Article No. /32/:

Privacy of postal correspondence and telephonic communications shall be guaranteed in accordance with provisions of the law.

Article No. /33/:

1. A citizen may not be deported from the territories of the Homeland.

2. Every citizen shall have the right of free movement within the territories of the State, unless restricted by a judicial decision or by the implementation of laws or public health and safety.

Article No. /34/:

Political refugees shall not be surrendered because of their political principles or of actions they may take in defense of the cause of freedom.

Article No. /35/:

1. Freedom of belief shall be guaranteed, and the State shall respect all religions. �

2. The State shall guarantee the performance of all religious rituals provided this does not violate public order.

Article No. /36/:

1. Work is the right and duty of every citizen. The State shall endeavor to ensure it for all citizens.

2. Every citizen shall have the right to be paid for his work on the basis of kind and efficiency. The State shall guarantee this right.

3. The State shall define hours of work, shall guarantee social security benefits for workers and shall regulate their right to rest and holidays, as well as to indemnities and gratuities.

Article No. /37/:

Education shall be a right guaranteed by the State. It shall be free in all stages and compulsory in the elementary stage. The State shall endeavor to make other stages compulsory, and shall supervise education and direct it in a manner ensuring adapting it to the needs of society and production.

Article No. /38/:

Every citizen shall have the right to express his opinion publicly and freely, in speech, writing and other forms of expression and to participate in the work of control and the voicing of constructive criticism aimed to ensure the safety or the structure of the Homeland and the Nation and to enhance the socialist regime. The State shall guarantee the freedom of the press and of priming and publishing in accordance with the law.

Article No. /39/:

Citizens shall have the right of assembly and peaceful demonstration within the principles of the Constitution and law shall regulate exercising this right. �

Article No. /40/:

1. All citizens shall be required to carry out the sacred duly of defending the security of the Homeland and of respecting the country's constitution and its unionist and socialist regime.

2. Military service shall be compulsory and regulated by law.

Article No. /41/:

Payment of taxes and public charges shall be a duty required by law.

Article No. /42/:

Safeguarding nation, unity and the secrets of the State shall be the duty of every citizen.

Article No. /43/:

The law shall regulate Syrian Arab nationality. Special facilities shall be granted to Syrian Arab emigrants and their descendents, and to citizens of other countries of the Arab Homeland. .

Article No. /44/:

1. The family is the basic cell of society; it shall have the protection of the State.

2. The State shall protect and encourage marriage and shall act to remove material and social impediments hindering it; it shall protect maternity and children, look after youth and ensure them of conditions favorable to the development of their faculties.

Article No. /45/:

The State shall guarantee to women all opportunities enabling them to make complete and full contribution to the political, social, cultural and economic life of society. It shall endeavors to remove impediments that hinder their development and their participation in the building up of Arab socialist society.

Article No. /46/:

1. The State shall and their families in cases of emergency cases and guarantee assistance to all citizens in case of disease, disability, orphanage and old age. �

2. The State shall protect the health of citizens and shall provide them with means of prevention of disease, with medical treatment and with medication. �

Article No. /47/:

The State shall ensure cultural, social and health services and shall make these services available to villages in order to raise their standards.

Article No. /48/:

The popular sectors shall have the right to form trade unions, social or professional organizations and cooperative societies for production services. The law shall determine the frameworks of these organizations, their interrelations, and the limits of their activities.

Article No. /49/:

Popular organizations shall participate effectively in the various sectors, and in the councils established by law to achieve the following objectives :

1. Building up the Arab socialist society and protecting its regime.

2. Planning and guiding the country's socialist economy.

3. Developing conditions of labor, and managing for the prevention of disease and the promotion of health and culture, and for other matters serving the interests of members of these organizations.

4. Ensuring scientific and technical progress and developing means of; education. �

5. Keeping watch over ruling devices.

Part Two: Powers of the State

Chapter 1: Legislative Power

Article No. /50/:

1. The Parliament shall exercise legislative power in the manner defined by the constitution.

2. Members of the Parliament shall be elected by universal suffrage in secret, direct and equal ballot in conformity with provisions of the electoral law. �

Article No. /51/:

Period of mandate of the Parliament shall be four years; it shall begin on the day of the first meeting of the Parliament and may not be extended except in case of war and by virtue of a law.

Article No. /52/:

A member of the Parliament shall represent the entire people. His mandate may not be restricted by any conditions or limitation and shall be exercised by him in accordance with the dictates of honor and conscience.

Article No. /53/:

The law shall determine the electoral dements and the number of members of the Parliament, provided one half of the members are peasants and workers at least. The law shall define the terms �a worker" and �a peasant".

Article No. /54/:

The electors shall be those citizens who have completed 19 years of age, who are registered in the State's � Civil Status Register" and who fulfill the conditions prescribed in the electoral law.

Article No. /55/:

The law shall determine the rules of elections and the referendum, as well as the conditions required in a member of the Parliament.

Article No. /56/:

State labors, including employees of the Public Sector, may become candidates for membership of the People's Council except and apart from cases defined by law. An elected member shall devote the whole of his time to the duties of membership. Moreover, he shall retain his right to his former post or employment, in connection with which the time he spends, as a Parliament member will be regarded effective service for him.

Article No. /57/:

The electoral law shall include provisions ensuring

1. Freedom of choice for electors and the integrity of elections.

2. The right of candidates to supervise election operations.

3. Punishment for those interfering with the will of the electors.

Article No. /58/:

1. Elections shall take place within 90 days following the date of expiry of the mandate of the Parliament.

2. The Council shall reconvene after the prescribed 90 days elapse if a new council is not elected, and shall continue to function until a new council is elected. �

Article No. /59/:

If a Parliament seat becomes vacant, for any reason and the remaining period of the mandate of the Parliament is no less than six months, a new member shall be elected within 90 days of the day when the seat became vacant. Membership of the new member shall end with the expiry of the period of the Council's mandate. The law shall define cases when the Parliament�s membership shall be considered "vacant".

Article No. /60/:

1. The Parliament shall be convened by a decree issued by the President of the Republic within 15 days following the day on which the results of the elections are announced; and in all cases shall meet on the 16th day in case this decree is not issued.

2. The Parliament shall elect its Speaker and members of its Bureau in its first meeting.

Article No. /61/:

The Parliament shall be convened in three regular sessions annually; and it may also be convened in extraordinary sessions. The Parliament by laws shall specify the dates and durations of regular sessions. Extraordinary sessions are convened either by a decision of the Speaker of the Parliament or at a written request by the President of the Republic or by one third of members of the Parliament. �

Article No. /62/:

The Parliament shall decide on the legality of the election of its members in the light of an enquiry conducted by the High Constitutional Court within one month of receipt by the Parliament of the court's report. Membership of the Parliament shall not be annulled except by a vote of the vast majority of its members. �

Article No. /63/:

Before assuming office, members of the Parliament shall publicly take the oath prescribed in article No. /7/ of this Constitution.

Article No. /64/:

Law shall fix salaries and allowances of Parliament members.

Article No. /65/:

The Parliament shall adopt by laws to regulate the manner in which it shall conduct its work and fulfill its functions.

Article No. /66/:

Members of the Parliament shall not be answerable, in criminal or civil action, for facts mentioned or opinions expressed by them, or for voting in the public or secret meetings of the Council or Committees.

Article No. /67/:

During the whole period of the mandate of the Parliament, its members shall enjoy immunity. Except in cases when a member is caught in the act, no criminal or civil proceedings may be initiated against him, except by the prior consent of the Parliament. When the Council is not in session, the authorization of the Speaker of the Parliament shall be required, of which the Parliament shall be informed in its first meeting following the action taken in relation thereto.

Article No. /68/:

1. A member of the Parliament may not take advantage of his membership in any activity.

2. The Speaker of the Parliament shall determine the activities that are incompatible with membership of the Parliament.

Article No. /69/:

1. The Speaker of the Parliament shall represent the Parliament, sign for it, and speak on its behalf.

2. The Parliament shall have a special guard, who take orders from the Speaker of the Parliament. No other armed force may enter the precincts of the Parliament except with the permission of the Speaker.

Article No. /70/:

Members of the Parliament may suggest laws and direct questions or interpellations to the Council of Ministers, or to a Minister, in accordance with the by-laws of the Parliament.

Article No. /71/:

The Parliament shall have the following functions:

1. Nomination of the President of the Republic.

2. Passing laws.

3. Discussing the Policy of the Cabinet.

4. Approving the General Budget and Development Plans.

5. Ratifying international treaties and agreements relating to the security of the State, that is treaties of peace and alliance, all treaties relating to sovereignty, agreements granting concessions to companies or foreign establishments, and treaties and agreements incurring expenditure from the treasury of the State other than those allocated in the budget; also treaties contrary to provisions of laws in effect, and treaties the enforcement of which requires the passing of a new legislation. �

6. Passing a general amnesty.

7. Accepting or rejecting the resignation of a member of the Parliament. �

8. Passing a vote of no confidence in the Cabinet or in one of its members. �

Article No. /72/:

A vote of no-confidence may not be passed except after addressing question to the Cabinet or one of the Ministers; the vote of no-confidence shall be proposed by at least one fifth of the members of the Parliament and approved by a majority of members. When vote of no-confidence in the Cabinet is passed, the President of the Council of Ministers shall present his resignation to the President of the Republic. A minister against whom a vote of no-confidence is passed shall resign.

Article No. /73/:

The Council may set up ad hoc fact finding committees to collect information and facts regarding subjects related to the exercise of its functions.

Article No. /74/:

The budget bill shall be submitted to the Parliament at least two months before the beginning of the fiscal year. The budget shall not take effect unit it is approved by the Council.

Article No. /75/:

Voting on the budget shall be taken chapter by chapter. The manner of preparing the budget shall be regulated by law.

Article No. /76/:

There shall be one budget for each fiscal year since the beginning of the fiscal year shall be fixed by a law.

Article No. /77/:

If the Council does not finish approving the budget before the beginning of the new. Fiscal year, the budget of the previous year shall continue to be effective until the new budget is approved. Meanwhile revenues shall continue to be levied in accordance with the law in force.

Article No. /78/:

Transfer from one budget allocation to another may not be made except in accordance with the laws in force.

Article No. /79/:

The Parliament may not, during its discussion of the budget, increase the estimates of the total of the revenues or of the expenditures.

Article No. /80/:

After approving the budget, the Parliament may adopt laws involving new expenditure and providing to meet such expenditure.

Article No. /81/:

No tax shall be created, amended or abolished except by a law.

Article No. /82/:

The final accounts for the fiscal year shall be submitted to the Parliament within two years following the end of the fiscal year. The closing of the year's account shall be effected by virtue of a law. The procedure followed in approving the budget shall be likewise followed in approving the closure of accounts.

Chapter II: Executive Power

(1) President of the Republic

Article No. /83/:

A candidate for the Presidency of the Republic shall be a Syrian Arab, enjoying civil and political rights, who has completed 34 years of age (*).

Article No. /84/:

1. Candidature for the post of President of the Republic shall be made by the Parliament at the suggestion of the Regional Leadership of the Baath Arab Socialist Party. It shall be submitted to citizens in a referendum.

2. The referendum shall be held at the request of the Speaker of the Parliament. �

3. Election of the new President must take place not later than one month and not earlier than six months before the expiry of the term office of the incumbent president (**).

4. The candidate for the Presidency of the Republic shall become President on obtaining a absolute majority of the votes electors participating in the referendum failing this, the Council shall nominate another candidate In the nomination and election of the new candidate, the prescribed procedure shall be followed, and election shall take place within one month following the date of the announcement of results of the first referendum.

Article No. /85/:

The President of the Republic shall be elected for a term of seven years beginning or the day of the expiry of the term of office of the incumbent President.

Article No. /86/:

Should a temporary hindrance prevent the President of the Republic from exercising the duties of his office, he shall ask the Vice President to act on his behalf. �

Article No. /87/:

When resigning his office, the President shall address the letter of resignation to the Speaker of the Parliament.

Article No. /88/:

The First Vice President of the Republic, or the Vice President nominated by the President, shall exercise the functions of the President of the Republic when he is unable to exercise these functions. If the hindrances are permanent and in cases of death or resignation, a referendum shall be held in connection with the election of the new president in accordance with the procedures set out in Article (84) of this Constitution. This shall be done within a period of no more than (90) days. Should the Parliament be in a state of dissolution, or should the period of office remaining for the President be less than 90 days, the First Vice President shall assume the functions of the President of the Republic until the new Parliament is convened.

Article No. /89/:

Should the post of the President of the Republic become vacant when there is no Vice-President, the President of the Council of Ministers shall exercise the duties and powers of the President of the Republic pending the holding of a referendum to elect a new President within 90 days.

Article No. /90/:

Prior to assuming office, the President of the Republic shall take, before the Parliament, the Constitutional oath provided for in Article (7) of this Constitution. �

Article No. /91/:

The President of the Republic shall not be responsible for acts performed by him in the exercise of the functions of his office except in the case of high treason. Impeachment of the President shall then be made at the suggestion of at least one third of members of the Parliament and by a decision of the Council based on a vote made publicly and resulting in a two third majority, taken at a special secret meeting of the Council. Trial of the President shall take place before the High Constitutional Court.

Article No. /92/:

The law shall define the prerogatives and protocol of the office of the President of the Republic, and the law shall fix its allocations.

Article No. /93/:

1. The President of the Republic shall watch over adherence to the Constitution and shall guarantee the regular functioning of the public authorities and the upholding of the State.

2. The President of the Republic shall practice the executive power on behalf of the people within the limits defined in this Constitution.

Article No. /94/:

The President of the Republic shall draw up the general policy of the State and shall supervise its implementation in consultation with the Council of Ministers. �

Article No. /95/:

The President of the Republic nominates one or more Vice-Presidents and delegates to them some of his powers. He also nominates the President of the Council of Ministers and his deputies, the ministers and deputy ministers, accepts their resignation and dismisses them from office.

Article No. /96/:

Prior to assuming the duties of his office, the Vice President of the Republic shall take before the President of the Republic, the oath prescribed in Article No. /7/ of this Constitution.

Article No. /97/:

The President of the Republic may call the Council of Ministers to a meeting presided over by him. He may also ask Ministers to present reports to him.

Article No. /98/:

The President of the Republic shall issue the laws passed by the Parliament, and he may object to such laws by a decision giving reasons for the objection, within a month of the receipt of such laws by the Presidency of the Republic. However, should the Parliament adopt the laws a second time by a two third majority, the President of the Republic shall issue them.

Article No. /99/:

The President of the Republic shall issue decrees, decisions and orders in accordance with legislations in force.

Article No. /100/:

The President of the Republic shall have the power to declare war, order general mobilization and conclude peace with the assent of the Parliament.

Article No. /101/:

The President of the Republic may declare a state of emergency and may cancel it in the manner defined by law.

Article No. /102/:

The President of the Republic shall accredit the heads of political missions to foreign governments and receive the credentials of heads of political missions accredited to him.

Article No. /103/:

The President of the Republic shall be the Supreme Commander of the Army and the Armed Forces. He shall issue all decisions and orders required in the exercise of this power, which lie may partially delegate.

Article No. /104/:

The President of the Republic shall conclude international treaties and agreements and shall cancel them in accordance with the provisions of the Constitution. �

Article No. /105/:

The President of the Republic shall have the power to order a special pardon and a recovery of civil rights.

Article No. /106/:

The President of the Republic shall have the power to confer medals and decorations. �

Article No. /107/:

1. The President of the Republic may order the dissolution of the Parliament by a decision issued by him giving reasons for the dissolution. Elections shall take place within 90 days of the dissolution.

2. Dissolution of the Parliament may not be effected more than once for the same reason.

Article No. /108/:

1. The President of the Republic may call a meeting of the Parliament in extraordinary session.

2. He also has the right to address messages to the Parliament and make statements before it.

Article No. /109/:

The President of the Republic shall appoint the civil and military officials and shall terminate their services in accordance with the law.

Article No. /110/:

The President of the Republic may draw up bills of law and may refer them to the Parliament to deliberate on their approval.

Article No. /111/:

1. The President of the Republic shall assume legislative power when the Parliament is not in session. All legislation issued by the President shall be referred to the Parliament in the course of the first session held by the Parliament.

2. The President of the Republic shall assume legislative power when the Parliament is in session if this is required by an extreme necessity relating to the country's national interests or requirements of the national security, provided that all legislation so issued shall be referred to the Parliament in the first meeting held by the Parliament after the issuance of the legislation.

3. The Parliament may abolish or amend the legislation issued under the two previous paragraphs by a law. This shall be done by a vote of a two third majority of the Parliament members registered as attending the meeting, provided their number is no less than the absolute majority of members. Such abolishment or amendment shall not have a retroactive effect. It the council does not abolish or amend the legislation referred to it, and shall be deemed as approved; and there shall be no need to vote on it.

4. The President of the Republic shall assume legislative power in the interval between the terms of two Parliaments. Legislation so passed shall not be referred to the Parliament. Its amendment and abrogation shall be effected through the same procedure prescribed for amending and abrogating laws in force.

Article No. /112/:

The President of the Republic may refer to the people in a referendum important matters relating to the higher interests of the country, which shall be published by the President of the Republic, shall be binding and effective from the day of their announcement.

Article No. /113/:

Should a grave danger arise threatening national unity or the safety and security of the homeland or impeding the State institutions from the performance of their constitutional functions, the President of the Republic shall take speedy measures to face the imminent danger.

Article No. /114/:

The President of the Republic may set up bodies, councils and specialized committees, whose competence and functions shall be defined in the decisions providing for their formation.

(2) The Council of Ministers

Article No. /115/:

1. The Council of Ministers is the highest executive and administrative body of the State. It consists of the President of the Council of Ministers, his Deputies and the Ministers. It supervises the enforcement of laws and regulations and controls the establishments and the machinery of the State.

2. The President of the Council of Ministers supervises the work of the Ministers. �

3. The salaries and allowances of the President of the Council of Ministers, of his Deputies and of the Ministers, shall be fixed by a law.

Article No. /116/:

Whenever a new cabinet is formed, the President of the Council of Ministers and his Deputies, and the Ministers and Deputy Ministers shall take, before the President of the Republic and before assuming office, the constitutional oath prescribed in Article (7) of this Constitution. In the case of a reshuffle, the new Ministers only shall take the oath.

Article No. 117/:

The President of the Council of Ministers and the Ministers are responsible before the President of the Republic.

Article No. /118/:

1. Following its formation, the Cabinet shall submit to the Parliament a statement concerning the Cabinet's general policy and program of work.

2. The Cabinet shall submit to the Parliament a statement on the implementation of plans of development and the increase of production.

Article No. /119/:

A minister shall be the supreme administrative head of his ministry with regard to which he shall undertake the carrying out of the general policy of the State. �

Article No. /120/:

During the mandate of their office, ministers may not become members of the Board of Directors of a private corporation or the agents of such corporation. They shall also be prohibited from engaging in any commercial or industrial work, or practicing any liberal profession. During the mandate of their office, ministers may not, directly or indirectly, compete for contractors or submit tenders to ministries, departments or establishments of the State, or to companies or the Public sector.

Article No. /121/:

The law shall define the limits of the penal and civil responsibilities of ministers. �

Article No. /122/:

When the term of office of the President of the Republic expires or when he is permanently disabled from the discharge of the duties of his office for any reason, the Council of Ministers shall continue to run the affairs of the Government pending the nomination of a new cabinet by the new President of the Republic.

Article No. /123/:

The President of the Republic shall have the power to have a minister tried for crimes committed by him while discharging the functions of his office or because of these functions. The trial shall be conducted in accordance with provisions of the law and the Constitution.

Article No. /124/:

The accused minister shall be suspended from exercising his functions immediately on the accusation. His resignation or dismissal from office shall not impede his trial, the procedure of which shall take place as prescribed by the law.

Article No. /125/:

The office of minister and the membership of the Parliament may be held simultaneously. �

Article No. /126/:

Provisions relating to ministers shall apply to deputy ministers

Article No. /127/:

The council of Ministers shall have the following powers:

1. Participating with the President of the Republic in the drawing up and implementation of the general policy of the State.

2. Directing, coordinating and following up the work of the ministries and of all public institutions and services attached to the State.

3. Drawing up the general budget of the State.

4. Drafting bills of law.

5. Preparing plans of economic development, developing production, utilization of national resources, and all that may enhance and develop economy and increase the national income.

6. Receiving loans and granting them in accordance with provisions of the Constitution. �

7. Concluding agreements and treaties in accordance with provisions of the Constitution. �

8. Following up the enforcement of laws, maintaining the security of the State and protecting the rights of citizens and the interests of the State.

9. Issuing executive and administrative orders and supervising their enforcement. �

Article No. /128/:

In addition to the powers of the Council of Ministers, the president of the Council of Ministers and the Ministers shall have the powers defined by laws in force, provided these do not conflict with the powers granted by (his Constitution to the other authorities of the State.

(3) People's Local Councils

Article No. /129/:

1. The People's Local Council practices their power in the administrative units in accordance with the provisions of the law.

2. Administrative units shall be determined by provisions of the law.

Article No. /130/:

The law shall determine the competence of the People's Local Councils, the manner of their elections and formation and the rights and duties of their members and all other provisions relating to them.

Chapter III: Judicial Power

(1) Judges of the Bench and the Prosecution

Article No. /131/:

The Judicial Power is independent. The President of the Republic, assisted by the supreme Judiciary Council, shall guarantee this independence.

Article No. /132/:

The President of the Republic shall preside over the Supreme Judicial Council; the law shall determine the powers, method of formation and rules of procedure of this Council.

Article No. /133/:

1. Judges are independent. They are subject to no authority other than that of the law in the discharge of their functions.

2. The honor, conscience and impartiality of Judges shall be a guarantee of the rights and freedoms of individuals.

Article No. /134/:

Judgments are passed in the name of the Arab people of Syria.

Article No. /135/:

The law shall organize the judicial machinery in all its kinds and degrees and shall determine the competence of the various courts.

Article No. /136/:

The law shall determine conditions relating to the appointment, promotion, transfer, disciplinary action against, or dismissal of judges.

Article No. /137/:

The Public Prosecution is the judicial institution presided over by the Minister of justice. The law shall determine its functions and powers.

Article No. /138/:

The Council of State shall practice judgment in administrative matters. The law shall determine conditions relating to the appointment, promotion, transfer, disciplinary action against, and the dismissal of, its judges.

(2) The Supreme Constitutional Court

Article No. /139/:

The Supreme Constitutional Court shall consist of five members, one of whom shall be President of the Court. Members are appointed by a decree issued by the President of the Republic.

Article No. /140/:

A member of the Supreme Constitutional Court may not be a minister or a member of the Parliament. The law shall determine the other activities, which are incompatible with membership of the Court.

Article No. /141/:

The period of membership of the Supreme Constitutional Court is four years, and it is renewable.

Article No. /142/:

Members of the Supreme Constitutional Court may not be dismissed, from office except in accordance with provisions of the law.

Article No. /143/:

Before assuming office, the President and members of the Supreme Constitutional Court shall take, before the President of the Republic and in the presence of the Speaker of the Parliament, the following oath:

�I swear by Almighty God to respect the Constitution and laws of the country and to discharge my duties faithfully and impartially".

Article No. /144/:

The Supreme Constitutional Court shall investigate charges relating to the legality of the election of members of the Parliament and shall report to the Council on results of the investigation.

Article No. /145/:

The Supreme Constitutional Court shall investigate and decide upon the Constitutionality of laws in the following manner:

1. If the President of the Republic, or one fourth of members of the Parliament, question the legality of a law before its promulgation, this promulgation shall be suspended until the Court decides the issue within 15 days from the date on which the objection to the law is submitted for the Court in writing. If the law is of an urgent nature, the Constitutional Court shall decide the issue within seven days. �

2. If one fourth of members of the Parliament challenges the constitutionality of a legislative decree within 15 days of the commencement of a session of the Council, the High Constitutional Court has to decide the issue within 15 days from the date on which the objection to the law is submitted to the Court in writing.

3. If the Supreme Constitutional Court decides that a law or a legislative decree is contrary to the provisions of the Constitution, the part of it, which is so judged by the Court, shall be abrogated with retroactive effect it and shall have no consequence. �

Article No. /146/:

The Supreme Constitutional Court shall not have the power to investigate the constitutionality of laws referred by the President of the Republic to the people and approved by them in a popular referendum.

Article No. /147/:

At the request of the President of the Republic, the Supreme Constitutional Court shall give its opinion regarding the Constitutionality of bills of law and legislative decrees and the legality of decrees.

Article No. /148/:

The law shall regulate the procedure of deliberating on, and deciding matters within the competence of the Supreme Constitutional Court, and shall determine its staff, the conditions prerequisite in members of the Court as well as their salaries, immunities, prerogatives and responsibilities.

Part Three

Amendment of the Constitution

Article No. /149/:

1. The President of the Republic as well as one third of members of the Parliament, shall have the right to suggest an amendment of the Constitution.

2. The amendment proposal shall give the text of the provisions proposed for amendment and the reasons for moving the proposal.

3. Immediately on receipt of the amendment proposal, the Parliament shall refer it to a special Committee to study it.

4. The Council shall debate the amendment proposal and if it is approved by three quarters of its members, the amendment shall be deemed as final provided the President of the Republic ratifies it and incorporated in the Constitution.

Part Four

General and Transitional Provisions

Article No. /150/:

The Preamble to this Constitution shall be considered as an integral part thereof. �

Article No. /151/:

This Constitution shall not be amended prior to 18 months as of date putting it into force.

Article No. /152/:

Pending the formation of the Supreme Constitutional Court, the General Body of the Court of Cassation shall investigate the legality of the election of members of the parliament, after referring cases to it by the Speaker of the parliament and shall report to the Speaker on results of the investigation.

Article No. /153/:

All legislation in force issued before the proclamation of this Constitution shall remain effective until being amended in conformity with its provisions. �

Article 154:

The term of office of the Incumbent President of the Republic expires after seven years as of the date of the announcement of his election as President of the Syrian Arab Republic.

Article No. /155/:

The people in the referendum shall hold election of the first parliament in accordance with provisions of this Constitution within 90 days of the announcement of its approval. �

Article No. /156/:

The President of the Republic shall publish this Constitution in the "Official Gazette", and its provisions shall become effective as from the date of its approval by the people in the referendum.

President of the Republic

Hafez AI-Assad

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(*) Amended by virtue of the law No. /9/ dated 11.06.2000
(**) Amended by virtue of the law No. /18/ dated 03.07.1991