The Syrian Constitution: A Historical Overview

when was the syrian constitution written

Syria has had several constitutions over the years, with the first being the Syrian Constitution of 1930. This was briefly suspended in 1933 and then again from 1939 to 1943 due to negotiations over a Syrian-French treaty. The 1930 Constitution was restored and amended in 1943, remaining the basic law upon Syria's independence from France in 1946. However, it was suspended again in 1949 following a series of military coups. A new constitution was promulgated in 1950, which expanded the Bill of Rights and included articles relating to land and education. This constitution was dissolved in 1951 after another coup, and a new one was established in 1953. Syria has since had various other constitutions, with the most recent interim constitution being ratified in March 2025.

Characteristics Values
Date 13 March 2025
Type Interim Constitution
Previous Constitution 2012 Constitution
Purpose To replace the 2012 Constitution after the fall of the Assad regime
Validity Five years
Presidential Religion Islam
Presidential Power High concentration of power
Governance Republican system
Sovereignty Rule of the people, by the people, and for the people
Legislative Foundation Islamic jurisprudence
Rights Freedom of opinion, expression, association, and forming associations and unions
Flag Consists of three colours: red, white, and black, with two five-headed green stars
National Emblem Defined by law
National Anthem Defined by law

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The Syrian Constitution of 1930 was the first, drafted by a committee under Ibrahim Hananu

Syria has had several constitutions over the years, with the first being the Syrian Constitution of 1930. This was the founding constitution of the First Syrian Republic under the French Mandate. The Syrian Constitution of 1930 was drafted by a committee under Ibrahim Hananu, a Syrian revolutionary and former Ottoman municipal official. Hananu was born into a wealthy Kurdish family in Kafr Takharim and raised in Aleppo. He studied at the Imperial High School in Aleppo and later at the Ottoman Law Academy of the prestigious Mülkiye school in Istanbul. During his time as a student, he joined the Committee of Union and Progress, the political organ that came to the forefront following the Young Turk Revolution of 1908. After graduating, Hananu briefly taught at a military academy before joining the bureaucracy of the Ottoman Empire.

Ibrahim Hananu is known for leading a revolt against the French colonial presence in northern Syria in the early 1920s. Along with many prominent merchants in Aleppo, he was associated with the League of National Defense and the Arab Club of Aleppo. In 1919, when the French army landed on the Syrian coast and was preparing to occupy all of Syria, Hananu launched his revolt, bringing Aleppo, Idlib, and Antakya into a coordinated campaign against French forces. He was responsible for the disarmament of many French troops, the destruction of railroads and telegraph lines, the sabotage of tanks, and the foiling of French attacks on Aleppo. With the support of the Turkish nationalist movement of Mustafa Kemal Atatürk, Hananu and his men fought against the French army for control of Cilicia and southern Anatolia. However, with the withdrawal of Turkish military assistance in October 1921, their struggle eventually collapsed.

The Syrian Constitution of 1930 was promulgated by arrêté No. 3111 of High Commissioner Ponsot. It required the President to be of the Muslim faith (Article 3). The constitution was briefly suspended in 1933 and again from 1939 to 1943 due to negotiations over a Syrian-French treaty. After World War II, the 1930 Constitution was restored and amended. On March 20, 1948, revisions were made to several articles, including Article 68, which now allowed the President of the Republic to be re-elected. The Constitution of 1930 was replaced by the Syrian Constitution of 1950, which expanded the Bill of Rights and included articles relating to land and education.

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The 1950 Constitution expanded the Bill of Rights and included articles on land and education

Syria has had several constitutions over the years, with the first being the Syrian Constitution of 1930. This was the founding constitution of the First Syrian Republic and required the President to be of the Muslim faith. The 1950 Constitution, also known as the "Constitution of Independence", was drafted following a 1950 coup by Sami al-Hinnawi. The new government, under President Hashim al-Atassi, focused on elections and drafting a constitution. The final document was officially adopted on September 5, 1950, and included 166 articles in its final version.

The 1950 Constitution also included a provision that fiqh (Islamic jurisprudence) was to be the main source of legislation. This provision has been retained in all future constitutions, including the 1973 Constitution, which provided that Islam is the official religion of the President and the Republic. The 1950 Constitution was restored in 1954 after another coup but was replaced in 1962 through a series of negotiated amendments following yet another coup.

The 1950 Constitution was the result of a review of 15 European and Asian constitutions by the drafting committee, which aimed to ensure the highest possible standards. The original draft contained 177 articles, but this was reduced to 166 in the final version. Major debates included the status of Islam as the state religion, with the final decision being that Islam would be the religion of the President rather than the state, following the model of the 1930 Constitution.

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The 2012 Constitution was replaced by an interim constitution in 2025, following the fall of the Assad regime

Syria has had several constitutions throughout its history. The first was the Syrian Constitution of 1930, which was drafted by a committee under Ibrahim Hananu and served as the founding text of the First Syrian Republic. This constitution was replaced by the Constitution of 5 September 1950, which was later restored following the Constitution of 10 July 1953 and the Provisional Constitution of the United Arab Republic.

The 2012 Constitution was the most recent constitution before the 2025 interim constitution. It was adopted following the 2011 Syrian Revolution, during which nationwide protests erupted. The Syrian government drafted a new constitution and put it to a referendum on 26 February 2012, which was unmonitored by international observers. The referendum resulted in the adoption of the new constitution, which came into force on 27 February 2012. This constitution entrenched the power of the Arab Socialist Ba'ath Party, outlining a one-party state under the Ba'ath party.

However, this constitution was short-lived, as it was replaced by an interim constitution in 2025 following the fall of the Assad regime. On 29 January 2025, Hassan Abdel Ghani, the spokesman for the Military Operations Command, announced the dissolution of the 2012 Syrian constitution during the Syrian Revolution Victory Conference. This came after the Assad regime's collapse on 8 December 2024, which was officially recognised on 29 January 2025.

On 13 March 2025, President Ahmed al-Sharaa ratified the interim constitution, which will be valid for five years. This interim constitution serves as a constitutional declaration to guide the country's transition to a new form of government. It establishes a technocratic government and a preparatory committee for the Syrian National Dialogue Conference. The interim constitution also dissolves the People's Assembly of Syria and all armed factions, including Hay'at Tahrir al-Sham, and calls for the restructuring of a new national army.

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The 2025 Interim Constitution was ratified by President Ahmed al-Sharaa and is valid for five years

Syria has had several constitutions throughout its history, with the first being the Syrian Constitution of 1930. This was briefly suspended in 1933 and then again from 1939 to 1943 due to negotiations over a Syrian-French treaty. The 1930 Constitution was restored and amended in 1943, remaining the basic law upon Syria's independence from France in 1946. However, it was once again suspended in 1949 as a result of a series of military coups.

Following the 1950 Constitution, which expanded the Bill of Rights, Syria's constitutional framework underwent several changes. The 1953 Constitution mandated that the President be elected by popular vote rather than by Parliament. The 1950 Constitution was restored in 1954 after another coup, only to be suspended again in 1958 when Syria attempted to join the United Arab Republic with Egypt.

In 2012, Syria adopted a new constitution that came into force on February 27. This constitution established a republican system with sovereignty vested in the people. It also guaranteed the protection of cultural diversity and the freedom of association and assembly. However, the 2012 constitution was short-lived, as it was officially phased out on January 29, 2025, following the fall of the Assad regime.

On March 13, 2025, President Ahmed al-Sharaa ratified the 2025 Interim Constitution, which is valid for five years. This constitution was established during a period of transition and instability in Syria, with ongoing threats of territorial fragmentation, sectarian tensions, and international sanctions. The interim constitution retains some elements from its predecessor, such as the requirement for the President to be Muslim and the role of Islamic jurisprudence as the primary legislative foundation. It also promises equality for all citizens, regardless of their demographic and religious backgrounds.

The 2025 Interim Constitution has been described as a constitutional declaration that can be amended at any time. It establishes a technocratic government and designates the Syrian Armed Forces as a professional national institution, prohibiting unauthorized armed groups. While the constitution has been praised for its potential to contribute to restoring the rule of law, critics have expressed concerns about the concentration of power in the hands of President al-Sharaa and the exclusion of Syria's diverse ethnic and sectarian groups in the constitutional process.

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The 2025 Interim Constitution retains elements from its predecessor, such as the requirement that the President is Muslim

Syria has had several constitutions throughout its history. The first Syrian Constitution was written in 1930, establishing the First Syrian Republic. This was followed by the Constitution of 5 September 1950, which was itself replaced by the Constitution of 10 July 1953. After the 1963 coup d'état, the provisional constitution was suspended, and a state of emergency was imposed, lasting 48 years.

The most recent Syrian Constitution was ratified on 13 March 2025 by President Al-Sharaa. This constitution replaced the 2012 Constitution, which came into force on 27 February 2012. The 2025 Interim Constitution establishes Syria as a presidential system, with executive power vested in the president. It also sets out the responsibilities of the president, including acting as the commander-in-chief of the Syrian Army and Armed Forces, establishing executive, regulatory, and control measures, and appointing and dismissing heads of diplomatic missions.

The 2025 Interim Constitution is intended to serve as a transitional framework, guiding the country's transition following the ousting of the Assad regime. It is expected to remain in effect for five years, during which time a new permanent constitution will be drafted. The 2025 Interim Constitution can be amended at any time, and it remains to be seen if the requirement for the President to be Muslim will be retained in the new permanent constitution.

Frequently asked questions

Syria's first constitution was written in 1920, though it was never ratified.

Syria's first ratified constitution was written in 1930.

Syria's most recent constitution was written in 2025, following the fall of the Assad regime.

The previous Syrian constitution was written in 2012, following the 2011 Syrian revolution.

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