|
The Lebanese Constitution
|
The Lebanese
Constitution, translated by Gabriel M. Bustros B.Sc.
(Econ) London
BUREAU OF LEBANESE AND ARAB DOCUMENTATION 1973.
THE LEBANESE CONSTITUTION
promulgated on 23 May 1926
modified by the constitutional laws of:
17 October 1927
8 May 1929
9 November 1943
7 December 1943
21 January 1947
******
TITLE
1. - FUNDAMENTAL PROVISIONS
CHAPTER 1. - THE STATE AND THE TERRITORY
Article 1. - (as modified by the
constitutional law of 9 November 1943, article 1)
Lebanon is an independent State, Unitarian and
sovereign. Its frontiers are those which now limit it:
-
IN THE NORTH: from
the mouth of Nahr El Kebir, the line following the
course of this river
up to its junction
with its tributary the Ouade Khaled at the height
of Jisr El Kamar.
-
THE EAST: the top
line separating the valleys of Ouade Khaled and
the Ouade Nahr-El Assi
(Orontes)
and passing through the villages of Meayssra,
Harbaana, Hait, Ebbech, Faissan, at the height of
the villages Brifa and Matrebeh. This line follows
the northern limit of the caza of
Baalbeck,
towards the Northeast and Southeast, then the
Eastern limits of the cazas of Baalbeck,
Bekaa,
Hasbaya and Rashaya.
-
THE SOUTH: the
present southern limits of the cazas of Tyre and
Marjeyoun.
-
THE WEST: the
Mediterranean Sea.
Article 2. - No part of the Lebanese
territory may be alienated or ceded.
Article 3. - The limits of the
administrative districts may not be modified except by
law.
Article 4. - The Greater Lebanon is a
Republic. Beirut is its capital city.
Article 5. - (As modified by the
constitutional law of 7 December 1943, sole article).
The Lebanese flag is composed of three horizontal
stripes two red ones framing a white one. The top of
the white stripe is equal to double of each of the red
stripes. In the center of the white stripe figures a
green cedar tree the width of which occupies the third
of the latter and which, at its top and base, touches
each of the red stripes.
CHAPTER 2. - THE LEBANESE NATIONALS, THEIR RIGHTS AND
THEIR DUTIES
Article 6. -
The Lebanese nationality, the way it is acquired, is
retained and forfeited, shall be determined by law.
Article 7. - All the Lebanese are
equal before the law. They enjoy equal civil and
political rights and are equally subjected to public
charges and duties, without any distinction whatever.
Article 8. - Individual liberty is
guaranteed and protected. No one can be arrested or
detained
except in
accordance with the provisions of the law. No
infringements and no sanctions can be established
except by law.
Article 9. - Liberty of conscience is
absolute. By rendering homage to the Almighty, the
State respects all creeds and guarantees and protects
their free exercise, on condition that they do not
interfere with public order. It also guarantees
to individuals, whatever their religious allegiance,
the respect of their personal status and their
religious interests.
Article 10. - Education is free so
long as it is not contrary to public order and to good
manners and does not touch the dignity of creeds. No
derogation shall affect the right of communities to
have their schools, subject to the general
prescriptions on public education edicted by the
State.
Article 11. - (As modified by the
constitutional law of 9 November 1943, article 2).
Arabic is the official national language. A law shall
determine the cases where the French language is to be
used.
Article 12. - All Lebanese citizens
are equally admitted to all public functions without
any other cause for preference except their merit and
competence and according to the conditions set by law.
A special statute shall govern Civil Servants
according to the administrations to which they belong.
Article 13. - Freedom of expression by
word or pen, freedom of the press, freedom of holding
meetings and freedom of association are equally
guaranteed within the framework of the law.
Article 14. - Domicile is unviolable.
None can enter it except in cases provided by the law
and according to the form it prescribes.
Article 15. - Property is under the
protection of the law. None may be deprived of his
property
except for
public utility, in cases established by the law and in
return of prior and fair compensation.
TITLE II. - POWERS
CHAPTER I. - GENERAL PROVISIONS
Article 16. -
(As modified by the constitutional law of 17 October
1927, Article 1 ) Legislature lies with a single
assembly: the Chamber of Deputies.
Article 17. - (As modified by the
constitutional law of 17 October 1927, Article 2)
Executive power is entrusted to the President of the
Republic who exercises it with the assistance of
Ministers, according to conditions established by the
present constitution.
Article 18. - (As modified by the
constitutional law of 17 October 1927, Article 50)
Initiative for legislation belongs to the President of
the Republic and the Chamber of Deputies.
Article 19. - (As modified by the
constitutional law of 17 October 1927, Article 50)
In order that a law may be promulgated, it must have
been voted by the Chamber.
Article 20. - Judicial power
functioning within the framework of a statute
established by law and ensuring essential guarantees
to judges and the disputing parties is exercised by
courts of different order and degrees. The law fixes
the limits and the conditions of the magistrates’
tenure of office. Judges are independent in the
exercise of their functions. The awards and judgments
of all courts are rendered and executed in the name of
the Lebanese people.
Article 21. - Any Lebanese citizen
aged 21 who meets the conditions of the electoral law
is entitled to vote.
CHAPTER 2.- THE LEGISLATURE
Article 22. -
(Abrogated by the constitutional law of 17 October
1927, article 50)
Article 23. - (Abrogated by the
constitutional law of 17 October 1927, article 50)
Article 24. - (As modified by the
constitutional law of 21 January 1947, article l)
The Chamber of Deputies is composed of elected
members: their number and conditions of their election
are determined by the electoral laws in force.
Article 25. - (As modified by the
constitutional law of 21 January 1947, article l).
In the event of the dissolution of the Chamber of
Deputies, the deed dissolving it must contain
convocation of the voters for new elections which
shall be held in conformity with article 24 and within
a time-limit not exceeding three months.
CHAPTER 3. -
GENERAL PROVISIONS
Article 26. -
(As modified by the constitutional law of 17 October
1927, article 3) The Chamber and the Executive
sit in Beirut.
Article 27. - (As modified by the
constitutional law of 21 January 1947, article 1 )
The Chamber member represents all the Nation. No
imperative mandate may be given him by his electors.
Article 28. - (As modified by the
constitutional law of 8 May 1929, article l) No
incompatibility exists between a deputy’s mandate and
ministerial office. Ministers may be taken
indistinctively either from the Chamber or from
outside.
Article 29. - (As modified by the
constitutional law of 17 October 1927, article 6)
Cases of ineptness to the quality of deputy are
determined by law.
Article 30. - (As modified by the
constitutional law of 21 January 1947, article l)
The Chamber of Deputies is solely competent to
adjudicate the validity of its members’ mandate. No
mandate may be invalidated except by a two-thirds
majority vote of the whole Assembly.
Article 31. - (As modified by the
constitutional law of 17 October 1927, Article 8 ) Any
sitting of the Chamber outside the legal time of
session is illegal and null as a matter of course.
Article 32. - (As modified by the
constitutional law of 17 October 1927, article 9)
The Chamber convenes every year in two ordinary
sessions. The first opens on the first Tuesday
following the 15th March and terminates at
the end of the month of May. The second opens on the
first Tuesday following the 15th October.
It is devoted before any other business to budget
debate and vote. It lasts until the end of the year.
Article 33. - (As modified by the
constitutional law of 17 October 1927, article 10)
The opening and winding up of ordinary sessions take
place as a matter of right on the dates fixed by
article 32. The President of the Republic may
convene the Chamber to an emergency session. The
opening and winding up of emergency sessions are fixed
by decree. The day’s Agenda thereof is fixed by the
decree of convocation. The President of the Republic
is bound to convene the Chamber of Deputies, if so
requested by the absolute majority of its members.
Article 34. - (As modified by the
constitutional law of 17 October 1927, article 11)
The Chamber may not be validly constituted except with
the attendance of the majority of the members legally
composing it. Resolutions are adopted by majority
vote. In the event of a tie the matter under debate is
rejected.
Article 35. - (As modified by the
constitutional law of 17 October 1927, article 12)
Debates in the Chamber are public. However, the
Chamber convenes in secret committee upon Government
request or of five of its members. It then decides if
the debate must be resumed in public on the same
subject.
Article 36. - Voting is expressed in a loud
voice or by sitting and standing, except in the event
of an election, in which case ballot is secret. On
laws as a whole and on the matter of confidence voting
is always by nominal call and in a loud voice.
Article 37. - (As modified by the
constitutional law of 8 May 1929, article 2) The
right of every deputy to question the responsibility
of Ministers is absolute during the ordinary and
emergency sessions. No motion of this nature may be
debated and voted upon except five days at least after
it has been tabled before the Chamber of Deputies and
communicated to the Minister of Ministers concerned.
Article 38. - (As modified by the
constitutional law of 17 October 1927, article 14) Any
Bill which has not been rejected by the Chamber may
not be tabled once more in the course of the same
session.
Article 39. - (As modified by the
constitutional law of 17 October 1927, article 15) No
member of the Chamber may be prosecuted for his
expression of opinions or votes during the term of his
mandate.
Article 40. -
(As modified by the constitutional law of 17 October
1927, article 16) No member of the Chamber may,
while the session is in progress, be prosecuted or
arrested for breach of the penal law - barring cases
of flagrant delicto - except with the approval of the
Chamber.
Article 41. - (As modified by the
constitutional law of 21 January 1947, article l)
When a seat in the Chamber has become vacant, the
vacancy shall be filled within a time-limit of two
months. The term of office of the new member shall run
up to the expiry of the term of office of his
predecessor. No steps shall be taken to fill the
vacancy if the Chamber is less than six months away
from the expire of its powers.
Article 42. - (As modified by the
constitutional law of 21 January 1947, article 1)
General elections for the renewal of the Assembly are
held within the sixty days which precede the end of
its term of office.
Article 43. - (A s modified by the
constitutional law of 17 October 192 7, article 19)
The Chamber drafts its own internal regulations.
Article 44. - (As modified by the
constitutional law of 21 January 1947, article l) At
the first sitting which follows every renewal and on
the opening of the October session, the Chamber
meeting under the presidency of its senior member, the
two youngest members acting as secretaries, elects
separately, by secret ballot and the absolute majority
of the expressed votes, a president (Speaker), a vice-
president, and two secretaries. At the third ballot,
relative majority is sufficient. In the event of a
tie, the oldest is declared elected.
Article 45. - (As modified by the
constitutional law of 17 October 1927, article 21)
The members of the Chamber do not vote except if they
attend the sitting; voting by proxy is not admitted.
Article 46. - (As modified by the
constitutional law of 17 October 1927, article 22)
Only the Chamber is entitled to maintain its own
order, through the Speaker.
Article 47. - (As modified by the
constitutional law of 17 October 1927, article 23)
Any petition to the Chamber must be made out and
communicated in writing. It is forbidden to hand in
petitions in person or on the floor.
Article 48.
- (As modified by the constitutional law of 17
October 1927, article 24) Indemnity to the members of
the Chamber is determined by law.
CHAPTER 4. THE EXECUTIVE
Article 49. - (As modified by the constitutional laws
of 8 May 1929, article 3, and 21 January 1947, article
2) The President of the Republic is elected by
secret ballot at a two- thirds majority of the votes, by
the Chamber of Deputies. After the first ballot,
absolute majority suffices. The President’s term of
office is of six years. He may not be re-elected except
after a break of six years. None is eligible as President of the Republic if
he does not meet the conditions required to be eligible
to the Chamber of Deputies.
Article 50. - Before entering upon his duties, the
President of the
Republic takes the oath of allegiance to the Lebanese
Nation and the Constitution, before Parliament, in the
following terms: “I swear by Almighty God to observe the
Constitution and the laws of the Lebanese people, to
safeguard the independence of Lebanon and the integrity
of its territory. “
Article 51. - (As modified by the constitutional law
of 17 October 1927, article 26) The President of the Republic promulgates laws
when they have been voted by the Chamber; he sees to
their execution; he is vested with regulating powers
though he may not modify the laws themselves nor exempt
from their execution. He has the power of pardon. Amnesties may not be
granted except by law.
Article 52. - (As modified by the constitutional law
of 9 November 1943, article 3) The President of the Lebanese Republic
negotiates and ratifies treaties. He brings them to the
knowledge of the Chamber as soon as the interest and
safety of the State permit. Treaties involving State finances, trade
agreements and in general treaties which cannot be
denounced at the end of each calendar year, are not
definitive except after they have been voted by the
Chamber of Deputies.
Article 53. - (As modified by the constitutional law
of 21 January 1947, article l) The President of the Republic appoints and
dismisses the Ministers among whom he designates a
President for the Council of Ministers; he nominates to
all posts for which the mode of appointment is not
otherwise determined by law; he presides over national
official functions.
Article 54. - Each of the acts of the President of the
Republic must be counter- signed by the Minister or
Ministers concerned, except however in the case of the
nomination or revocation of a Minister.
Article 55. - (As modified by
the constitutional law of 8 May 1929, article 4) The President of the Republic may, by motivated
decree taken on the favorable advice of the Council of
Ministers, dissolve the Chamber of Deputies, before the
expiry of its term of office.
In this case, the electing bodies are gathered
as provided in article 25 and the new Chamber is
convened within the fifteen clear days following the
proclamation of the election results.
Article 56. - (As modified by the constitutional law
of 17 October 1927, article 30) The President of the Republic promulgates laws
within the calendar month which follows the
communication to the Government of the law definitively
passed; he must promulgate within five clear days those
laws whose promulgation has been declared a matter of
urgency by special vote of the Chamber.
Article 57. - (As modified by the constitutional law
of 17 October 1927, article 31) Within the time-limit fixed for promulgation,
the President of the Republic may once ask for a new
debate which may not be denied him.
When the President of the Republic uses this
right, he is not bound to promulgate a law unless this
law has been passed by the Chamber after a second debate
by absolute majority of the members legally composing
this Assembly.
Article 58. - (As modified by the constitutional law
of 17 October 1927, article 32) By decree already taken on the favorable advice
of the Council of Ministers, the President of the
Republic may render executory any project which has
previously been declared urgent by the Government by the
decree of transmission taken on the favorable advice of
the Council of Ministers, and on which the Chamber has
not adjudicated within the forty days following its
communication to the Assembly.
Article 59. - (As modified by the constitutional law
of 17 October 1927, article 33 ) The President of the Republic may adjourn the
Chamber for a period not exceeding one month. He may not
do so twice in the same session.
Article 60. - (As modified by the constitutional law
of 21 January 1947, article l) The President of the Republic is not responsible
for the acts of his functions except in cases of breach
to the Constitution or high treason.
His responsibility for offences of common law is
submitted to ordinary laws.
For such offences, as for breach of the
Constitution and high treason he may not be impeached
except by the Chamber of Deputies deciding by a
two-thirds majority of the members of the whole
Assembly; he is tried by the Higher Court provided in
article 80. Public prosecutorship before the Higher
Court is exercised by a magistrate appointed by the
highest jurisdiction, with all the chambers meeting.
Article 61. - When indicted, the President of the
Republic is suspended of his functions and the
Presidency is vacant until the Higher Court adjudicates.
Article 62. - In case of vacancy of the Presidency of
the Republic, for whatever reason this may be, executive
power is exercised, provisionally, by the Council of
Ministers.
Article 63. - The civil list of the President of the
Republic is determined by law. During the President’s
tenure of office it may be neither increased nor
reduced.
Article 64. - Ministers assume the higher management
of all the State services pertaining to their respective
departments. Each, within his competence, sees to the
enforcement of the laws and regulations.
Article 65. - No one may be a Minister if he is not a
Lebanese.
Article 66.
- (As modified by the constitutional law
of 17 October 1927, article 34) Ministers are severally responsible before the
Chamber for the Government
general policy and individually for their personal acts.
The Government’s overall program is prepared and
presented to the Chamber by the President of the Council
or by a Minister acting in his name.
Article 67. - (As modified by the constitutional law
of 17 October 1927, article 35) Ministers may come to the Chamber without let or
hindrance and make themselves heard whenever they
please. They may seek the assistance of one or several
Civil Servants of their department.
Article 68. - (As modified by the constitutional law
of 17 October 1927, article 36) When, in conformity with article 37, the Chamber
declares it has no confidence in a Minister, this
Minister is required to resign.
Article 69. - (Abrogated by the constitutional law of
8 May 1929, article 5) Should the presidency become vacant through
death, resignation or any other cause, the Assembly
meets immediately and as a matter of right to elect a
new President. If at the time the vacancy occurs, the
Chamber happens to be dissolved, the electoral bodies
are summoned without delay and, soon after the elections
are held, the Chamber meets as a matter of right.
Article 70. - The Chamber of Deputies is entitled to
arraign Ministers for high treason or for serious
dereliction of their incumbent duties. Committal for
trial may not be decided except by a two-thirds majority
of the whole Assembly. A special law shall determine the
civil responsibility
of Ministers.
Article 71. - The Minister committed for trial is
judged by the Higher Court.
Article 72. - The Minister relinquishes his post as
soon as he has been committed for trial. A Minister’s
resignation does not preclude the initiation or
pursuance of proceedings against him.
TITLE III. -
a) ELECTION OF THE PRESIDENT OF THE REPUBLIC
Article 73. - (As modified by the constitutional law
of 17 October 1927, article 38) At least one month and at the latest two months
before the expiry of the powers of the President of the
Republic, the Chamber convenes on the invitation of its
Speaker, for the election of a new President.
In default of a convocation, the meeting shall
be held as a matter of right the tenth day before the
end of the President’s term of office.
Article 74. - (As modified by the constitutional law
of 17 October 1927 article 39)
Article 75. - (As modified by the constitutional law
of 17 October 1927, article 40) The Chamber meeting to elect the President of
the Republic constitutes an electing body and not a
deliberating assembly. It must proceed solely, without delay or debate,
with the election of the Head of the State.
b) REVISION OF THE CONSTITUTION
Article 76. - (As modified by the constitutional law
of 17 October 1927, article 41) The Constitution may be revised on the
initiative of the President of the Republic. In this event, the government shall table before
the Assembly a draft constitutional law.
Article 77. - (As modified by the constitutional law
of 17 October 1927, article 42) The Constitution may equally be revised on the
initiative of the Chamber of Deputies. This right is
exercised in the following manner:
In the course of an ordinary session and on the
proposal of at least ten of its members, the Chamber may
voice the desire, by a two-thirds majority of the
members legally composing it, that the Constitution
should be revised. The articles and questions covered by
this desire are to be
specifically enumerated and clarified.
The Speaker conveys the wish to the Government,
requesting it to lay down
a draft constitutional law. If the Government approves the Assembly’s
desire, it must prepare the relevant draft law and table
it before the Assembly within four months; if the
Government is at variance with the Assembly, its desire
is sent back for a further deliberation. If the Chamber
maintains its desire at a three-quarters majority of the
members legally composing it, the President of the
Republic is at liberty, either to acquiesce to the
Assembly’s desire, or issue a decree of dissolution, and
take steps for new elections within a time-limit of
three months.
Should the new Assembly insist on the need for
revision, the Government is compelled to acquiesce to
the wish of the Assembly and to table a draft law within
a time-limit of four months.
c) OPERATION OF THE ASSEMBLY
Article 78.
- (As modified by the constitutional law
of 17 October 1927, Article 43 ) When the draft constitutional law has been
tabled before it, the Chamber must engage itself in no
other business but that of revision, until the final
vote.
It may not deliberate and vote except those
articles and issues which have been set down for the
sake of limitation and clarified in the project duly
communicated.
Article 79. - (As modified by the constitutional law
of 17 October 1927, article 44) The Chamber of Deputies, with a draft
constitutional law before it, may not validly deliberate
and vote except when a two-thirds majority of the
members legally composing it attend. Deliberations are
carried by a two-thirds majority of the members legally
composing the Assembly.
The President of the Republic is bound to
promulgate the constitutional law in the same conditions
and forms as ordinary laws. He may within the time-limit
fixed for promulgation, require a new deliberation. This
shall equally be proceeded with by a two- thirds
majority.
TITLE IV. - VARIOUS PROVISIONS
a) THE HIGHER COURT
Article 80. - (As modified by the constitutional Law
of 17 October 1927, article 45) The Higher Court is composed of seven deputies
elected by the Chamber of Deputies and by eight of the
highest Lebanese magistrates, selected by order of
hierarchy or, at equal rank, by order of seniority,
under the chairmanship of the top grade magistrate.
Verdicts of condemnation by the Higher Court are
rendered by a majority of six votes. A law shall
determine the procedure to be followed in this Court.
b) FINANCE
Article 81. - (As modified by the constitutional law
of 21 January 1947, article l) Taxes are established for public utility. No
taxes may be levied in the Lebanese Republic except in
conformity with a uniform law applicable on the whole
territory without exception.
Article 82. - No tax may be modified or suppressed
except by virtue of a law.
Article 83. - Every year, early in the October
session, the Government submits to the Chamber of
Deputies, for examination and approval, the general
budget of State revenue and expenditure for the
following year. The budget is voted article by article.
Article 84. - (As modified by the constitutional law
of 17 October 1927, article 46) In the course of the budget debate and the
discussion of the Bills providing for the opening of
supplementary and emergency credits, the Chamber may not
increase the credits proposed in the draft budget or in
the above-mentioned projects, either through amendment
or through independent proposals. But once this debate
is over, the Assembly may pass laws providing for new
expenditures .
Article 85. - (As modified by the constitutional law
of 21 January 1947, article l) No emergency credit may be opened except by
special law.
However, when unpredictable circumstances have
made urgent expenditures necessary, the President of the
Republic may, by decree passed on the favorable advice
of the Council of Ministers, open emergency or
supplementary credits, or operate credit transfers. Such
credits may not exceed 15,000 pounds per article. The measures so edicted are submitted to the
ratification of the Chamber at the first session
following,
Article 86. - (As modified by the constitutional law
of 17 October 1927, article 48) If the Chamber of Deputies has not definitively
dealt with the draft project before the expiry of the
session devoted to the examination of the budget, the
President of the Republic shall summon the Assembly to
an extraordinary session expiring at the end of January
to proceed with the budget debate; if at the end of that
extraordinary session the budget has not been finalized,
the President of the Republic may, by decree passed on
the favorable advice of the Council of Ministers, make
the draft budget executory in the form in which it was
tabled before the Chamber.
The President may not exercise this power except
if the draft budget has been tabled before the Chamber
at least fifteen days before the beginning of the
session. In the course of that extraordinary session,
taxes, contributions, duties, fees and other revenue
continue to be levied as previously.
The expenditures of the month of January are
initiated on the basis of the provisional twelfth of the
preceding financial year, increased by permanent
additional credits and reduced by the permanent credits
withdrawn.
Article 87. - (As modified by the constitutional law
of 17 October 1927, article 49) The final account of the finance administration
for the closed financial year must be submitted to the
Chamber and approved before the promulgation of the
budget of the second financial year following that to
which the account refers. An Audit Department shall be
created by special law.
Article 88. - No public loan and no commitment likely
to burden the Treasury may be transacted except by
virtue of a law.
Article 89. - No concession aiming at the exploitation
of a natural resource of the country or a public utility
service, nor any monopoly may be granted except by
virtue of a law and for a limited period.
TITLE V
Article 90. - (Abrogated by the constitutional law of
9 November 19 43, article 4)
Article 91. - (Abrogated by the constitutional law of
9 November 1943, article 4)
Article 92. - (Abrogated by the constitutional law of
9 November 1943, article 4)
Article 93 - Abrogated by the constitutional law of
21 January 1947, article 2)
Article 94. - (Abrogated by the constitutional law of
9 November 1943, article 4)
TITLE VI. - FINAL AND TRANSITORY PROVISIONS
Article 95. - (As modified by the constitutional law
of 9 November 1943, article 5) As a transitory measure and for the sake of even
justice and concord, the communities shall be equally
represented in public posts and in ministerial
composition, without damage to State interest resulting therefrom.
Article 96. - (Abrogated by the constitutional law of
21 January 1947, article 2)
Article 97. - (Abrogated by the constitutional law of
21 January 1947, article 2)
Article 98. - (Abrogated by the constitutional law of
21 January 1947, article 2)
Article 99. - (Abrogated by the constitutional law of
21 January 1947, article 2)
Article 100. - (Abrogated by the constitutional law of
21 January 1947, article 2)
Article 101. - As from 1 September 1926, the State of
“Greater Lebanon” shall bear the name of “Lebanese
Republic”, without change or modification of any other
kind.
Article 102 - (As modified by the constitutional law
of 9 November 1943, article 6) All legislative provisions contrary to the
present constitution are abrogated.
|
|
