User:Glide08/Sandbox/Syria

THE CONSTITUTION

Constitution

of the

Republic of Syria

as at 12th March 1985

---

Reprint

---

Commenced as the Schedule to the

Syria Independence Order 1967

on 19th May 1967

Latest amendment made by the

Nationality (Consequential Provisions) Act 1983

which came into operation on 27 April 1983

Previous Reprints

First Reprint: 1970

Second Reprint: 1975

Third Reprint: 1978

Fourth Reprint: 1981

Fifth Reprint: 1985

CHAPTER I - The Republic and the Constitution

1. Declaration of Republic

Syria is a Sovereign Republic.

2. Public Seal

The Public Seal of the Republic shall be such device as may be prescribed by or under an Act of Parliament.

3. Effect of this Constitution

This Constitution shall have the force of law throughout Syria and, subject to the provisions of section 4 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

4. Alteration of this Constitution

(1) Parliament may alter any of the provisions of this Constitution or (in so far as it forms part of the law of Syria) any of the provisions of the Syria Independence Act, 1967.

(2) A bill for an Act of Parliament under this section shall not be passed in either House of the National Assembly unless it has been supported on second and third readings by the votes of not less than two-thirds of all the members of that House.

(3) A bill for an Act of Parliament to alter any of the provisions of this Constitution prescribed in the Xth Schedule shall not be submitted to the President for his assent unless the bill, after it has been passed by both Houses of the National Assembly and in the form in which it was so passed, has, in accordance with the provisions of any law in that behalf, been submitted to and been approved at a referendum.

(4) Every person who is entitled to vote in elections of elected members of the House of Representatives shall be entitled to vote at a referendum held for the purposes of subsection (3) of this section and no other person may so vote; and the bill shall not be regarded as having been approved at that referendum unless it was so approved by the votes of one-half of all such persons or by three-fifths of all the votes validly cast at the referendum, whichever is lesser.

(5) The provisions of this Constitution or (in so far as it forms part of the law of Syria) the Syria Independence Act, 1967, shall not be altered except in accordance with the provisions of this section.

(6) In this section:

(a) references to this Constitution include references to any law that amends or replaces any of the provisions of this Constitution; and

(b) references to the alteration of this Constitution include references to the amendment, modification or re-enactment, with or without amendment or modification, of any provision for the time being contained in this Constitution, the suspension or repeal of any such provision, the making of different provision in lieu of such provision and the addition of new provisions to this Constitution, and references to the alteration of any particular provision of this Constitution shall be construed likewise.

CHAPTER II - Citizenship

5-14. Repealed

Repealed by the Nationality (Consequential Provisions) Act, 1983.

---

CHAPTER III - Protection of Fundmaental Rights and Freedoms

15. Fundamental rights and freedoms

Whereas every person in Syria is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:

(a) life, liberty, security of the person and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association;

(c) protection for the privacy of his home and other property and from deprivation of property without compensation; and

(d) a happy, creative and productive life, free from hunger, disease, ignorance, want or fear;

the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.

16. Protection of right to life

(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Syria of which he has been convicted.

(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case:

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

17. Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say:

(a) in execution of the sentence or order of a court, whether established for Syria or some other country, in respect of a criminal offence of which he has been convicted;

(b) in execution of the order of the Supreme Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;

(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Syria;

(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into Syria, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Syria or for the purpose of restricting that person while he is being conveyed through Syria in the course of his extradition or removal as a convicted prisoner from one country to another; or

(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Syria, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Syria in which, in consequence of any such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

(3) Any person who is arrested or detained:

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Syria,

and who is not released, shall be brought without undue delay before a court.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting.

18. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “forced labour” does not include:

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.

19. Protection from inhuman treatment

(1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in Syria immediately before the coming into operation of this Constitution.

20. Protection from deprivation of property

(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say:

(a)the taking of possession or acquisition is necessary or expedient:

(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; or

(ii) in order to secure the development or utilisation of that or other property for a purpose beneficial to the community; and

(b) provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation.

(2) Every person having an interest in or right over property which is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the Supreme Court for:

(a) the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled; and

(b) the purpose of obtaining prompt payment of that compensation:

Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the Supreme Court, having jurisdiction under any law to determine that matter.

(3) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court or any other tribunal or authority in relation to the jurisdiction conferred on the Supreme Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the Supreme Court or applications to the other tribunal or authority may be brought).

(4) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Syria.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises:

(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or

(b) the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.

(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section:

(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right:

(i) in satisfaction of any tax, rate or due;

(ii) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of Syria;

(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;

(vi) in consequence of any law with respect to the limitation of actions; or

(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or

(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say:

(i) enemy property;

(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(7) Nothing contained in or done under the authority of any Act of Parliament shall be held to be inconsistent with or in contravention of this section to the extent that the Act in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by Parliament.

21. Protection from arbitrary search or entry

(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision:

(a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

(c) that authorises an officer or agent of the Government of Syria, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or

(d) that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order,

and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

22. Provisions to secure protection of law

(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offence:

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;

(e) shall be afforded facilities to examine in person or by his legal, representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,

and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

(10) Nothing in subsection (9) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority:

(a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required to do in the interests of defence, public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of:

(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

(b) subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or

(c) subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

(12) In the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(13) In this section “criminal offence” means a criminal offence under the law of Syria.

23. Protection of freedom of conscience

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Except with his own consent (or, if he is a minor, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required:

(a) in the interests of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

24. Protection of freedom of expression

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision:

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or

(c) that imposes restrictions upon public officers,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

25. Protection of freedom of assembly and association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision:

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

(c) that imposes restrictions upon public officers,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

26. Protection of freedom of movement

(1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Syria, the right to reside in any part of Syria, the right to enter Syria, the right to leave Syria and immunity from expulsion from Syria.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision:

(a) for the imposition of restrictions on the movement or residence within Syria of any person or on any person's right to leave Syria that are reasonably required in the interests of defence, public safety or public order;

(b) for the imposition of restrictions on the movement or residence within Syria or on the right to leave Syria of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

(c) for the imposition of restrictions, by order of a court, on the movement or residence within Syria of any person or on any person's right to leave Syria either in consequence of his having been found guilty of a criminal offence under the law of Syria or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from Syria;

(d) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Syria;

(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Syria;

(f) for the imposition of restrictions upon the movement or residence within Syria or on the right to leave Syria of any public officer;

(g) for the removal of a person from Syria to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Syria of which he has been convicted; or

(h) for the imposition of restrictions on the right of any person to leave Syria that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than three months after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are entitled to practise as a barrister or a solicitor in Syria.

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

27. Protection from discrimination on the grounds of race, etc

(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision:

(a) for the appropriation of public revenues or other public funds;

(b) with respect to persons who are not citizens of Syria;

(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;

(d) for the application of customary law with respect to any matter in the case of persons who, under that law, are subject to that law; or

(e) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, tribe, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office in the public service, any office in a disciplined force, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 21, 23, 24, 25 and 26 of this Constitution, being such a restriction as is authorised by section 21(2), section 23(5), section 24(2), section 25(2) or paragraph (a) or paragraph (b) of section 26(3), as the case may be.

(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

27A. Guarantee of social, economic and cultural rights

(1) No person shall be denied his social, economic and cultural rights, that is to say:

(a) the right to a fair income and to a reasonable standard of living;

(b) the right to clean, drinkable water and to nutritious food;

(c) the right to trade in an atmosphere freedom from unfair competition and domination by monopolies;

(d) the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment;

(e) the right to rest, recreation and leisure;

(f) the right to social security, to free medical attention and to social care in case of old age, widowhood, orphanhood or disability;

(g) the right to proper housing; and

(h) the right to a free education.

(2) The State shall strive to promote and progressively realise the social, economic and cultural rights guaranteed by subsection (1) of this section.

28. Derogations from fundamental rights and freedoms under emergency powers

Nothing contained in or done under the authority of an Act of Parliament shall be held to be inconsistent with or in contravention of section 17 or section 27 of this Constitution to the extent that the Act authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Syria during that period.

29. Protection of persons detained under emergency laws

(1) When a person is detained by virtue of any such law as is referred to in section 28 of this Constitution the following provisions shall apply, that is to say:

(a) he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;

(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;

(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are entitled to practise as a barrister or a solicitor in Syria;

(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal representative of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

(3) Nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense.

30. Enforcement of protective provisions

(1) If any person alleges that any of the provisions of sections 15 to 29 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction:

(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and

(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 15 to 29 (inclusive) of this Constitution:

Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 15 to 29 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

(4) Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under section X of this Constitution to the Court of Appeal, in accordance with the decision of the Court of Appeal.

(5) Parliament may confer upon the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.

(6) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the Supreme Court).

31. Declaration of emergency

(1) The President may, by proclamation which shall be published in the Official Gazette, declare that a state of emergency exists for the purposes of this Chapter.

(2) Every declaration of emergency shall lapse:

(a)in the case of a declaration made when Parliament is sitting at the expiration of a period of seven days beginning with the date of publication of the declaration; and

(b)in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration,

unless it has in the meantime been approved by a resolution of either House of the National Assembly supported by the votes of two-thirds of all the voting members of that House.

(3) A declaration of emergency may at any time be revoked by the President by proclamation which shall be published in the Official Gazette.

(4) A declaration of emergency that has been approved by a resolution of either House of the National Assembly in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as that resolution remains in force and no longer.

(5) A resolution of either House of the National Assembly passed for the purposes of this section shall remain in force for twelve months of such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time by a further such resolution supported by the votes of two-thirds of all the voting members of the House concerned, each extension not exceeding twelve months from the date of the resolution effecting the extension and any such resolution may be revoked at any time by a resolution supported by the votes of a majority of all the voting members of that House.

(6) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

(7) The President may summon either House of the National Assembly to meet for the purposes of subsection (2) of this section notwithstanding that the House concerned then stands dissolved, and the persons who were members of either House of the National Assembly immediately before the dissolution of that House shall be deemed, for those purposes, still to be members of that House but, subject to the provisions of section X of this Constitution (which relates to the election of the Speaker of the House of Representatives) or section X of this Constitution (which relates to the election of the President of the Senate), the House shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purposes of subsection (2) of this section.

32. Interpretation and savings

(1) In this Chapter, unless the context otherwise requires:

“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

“court” means any court of law having jurisdiction in Syria other than a court established by a disciplinary law, and includes the Judicial Committee and in sections 16 and 18 of this Constitution a court established by a disciplinary law;

“disciplinary law” means a law regulating the discipline of any disciplined force;

“disciplined force” means:

(a) a naval, military or air force;

(b) the Police Force; or

(c) a prison service;

“legal representative” means a person entitled to practise as a barrister or a solicitor in Syria; and

“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) In this Chapter “a period of public emergency” means any period during which:

(a) Syria is at war; or

(b) a declaration of emergency is in force under section 31 of this Constitution.

(3) In relation to any person who is a member of a disciplined force raised under an Act of Parliament, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 16, 18 and 19 of this Constitution.

(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Syria, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

CHAPTER IV - Declaration of Principles

33. Right to work

The State recognises the right of an citizens to work and shall promote such conditions as will make this right effective.

34. Promotion of culture, etc.

The State shall promote the development of culture and scientific and technical research.

35. Safeguarding of landscape and historical and artistic patrimony

The State shall safeguard the landscape and the historical and artistic patrimony of the Nation.

36. Compulsory and free primary education

Primary education shall be compulsory and in State schools shall be free of charge.

37. Educational interests

(1) Capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education.

(2) The State shall give effect to this principle by means of scholarships, of contributions to the families of students and other provisions on the basis of competitive examinations.

38. Protection of work

(1) The State shall protect work.

(2) It shall provide for the professional or vocational training and advancement of workers.

39. Hours of work

(1) The maximum number of hours of work per day shall be fixed by law.

(2) The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.

40. Rights of women workers

The State shall aim at ensuring that women workers enjoy equal rights and the same wages for the same work as males.

41. Minimum age for paid labour

The minimum age for paid labour shall be prescribed by law.

42. Safeguarding labour of minors

The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.

43. Social assistance and insurance

(1) Every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance.

(2) Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old age and involuntary unemployment.

(3) Disabled persons and persons incapable of work are entitled to education and vocational training.

44. Encouragement of private economic enterprise

The State shall encourage private economic enterprise.

45. Protection of artisan trades

The State shall provide for the protection and development of artisan trades.

46. Encouragement of co-operatives

The State recognizes the social function of co-operatives and shall encourage their development.

47. Application of the principles contained in this Chapter

The provisions of this Chapter shall not be enforceable in any court, but the principles therein contained are nevertheless fundamental to the governance of the country and it shall be the aim of the State to apply these principles in making laws.

CHAPTER V - The Executive

Part I. The President and the Vice-President

48. Office of President

There shall be a President of the Republic of Syria who shall be the Head of State.

49. First President

(1) The first President shall be the person who immediately before 19th May, 1967 holds the office of Prime Minister under the Syria Order in Council, 1958.

(2) The first President shall be deemed to have assumed office at the coming into operation of this Constitution.

50. Election of President after dissolution of House of Representatives

1. "dissolution of House of Representatives" substituted for "dissolution of Parliament" in marginal title by the Constitution Amendment (Parliament) Act, 1967.
2. "the House of Representatives is dissolved" substituted for "Parliament is dissolved" in subsection (1) by the Constitution Amendment (Parliament) Act, 1967.
3. "any dissolution of that House;" substituted for "any dissolution of Parliament;" in subsection (11) by the Constitution Amendment (Parliament) Act, 1967.
4. paragraphs (d) and (e) substituted for original paragraph (d) in subsection (3) by the Constitution Amendment (Executive Reform) Act, 1970.
5. "the provisions of subsection (3)(e)" substituted for "the provisions of subsection (3)(d)" in subsection (6) by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) Whenever the House of Representatives is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament.

(2) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in Syria; the nomination of a presidential candidate shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons registered as voters for the purpose of elections to the House of Representatives.

(3) Where, at the expiration of the time for the delivery of nominations in the election of a President, only one candidate is validly nominated, the returning officer shall declare him to be elected as President, and where, at the expiration of that time, more than one candidate is validly nominated the following provisions shall then apply—

(a) every person nominated as a candidate for the House of Representatives shall, at the time of his nomination, declare in such manner as may be prescribed by or under an Act of Parliament which of the Presidential candidates he supports, and if he does not so declare, his nomination as a Parliamentary candidate shall be void;

(b) a Presidential candidate may enter upon the nomination paper of any Parliamentary candidate, if so requested by that candidate, his endorsement of such person's candidature, in such manner as may be prescribed by or under an Act of Parliament, his consent to the making of a declaration in his favour by that Parliamentary candidate, but the nomination of a Parliamentary candidate shall be valid notwithstanding that the nomination paper is not so endorsed;

(c) where the Parliamentary election is contested in any constituency a poll shall be taken in that constituency at which the votes shall be given by ballot, and the ballot papers shall be in such form so as to disclose both the names of the Parliamentary candidates and the names of the Presidential candidate which each of the Parliamentary candidates supports;

(d) in any constituency in which no poll for the Parliamentary election is required to be taken, a poll for the Presidential election shall be taken at which the votes shall be given by ballot for any Presidential candidate, and the Presidential candidate who receives the greatest number of valid votes cast in that constituency, notwithstanding that the Parliamentary candidate declared elected has not supported him, shall be deemed to have been supported by that Parliamentary candidate;

(e) the returning officer shall declare to be elected as President any candidate for whom support has been declared in accordance with paragraphs (a) or (d) above by not less than such number of persons elected as Members of the House of Representatives in the Parliamentary election as corresponds to more than half the total number of seats for Elected Members in that House, and if there is no such person the returning officer shall declare that no candidate has been elected.

(4) Where, at the expiration of the time for the delivery of nominations in the election of a President, no qualified candidate is validly nominated, a fresh election of the President shall be commenced and held in the manner provided by foregoing provisions of this section.

(5) Where, at the expiration of the time for the delivery of nominations in the election of a President, more than one qualified candidate is validly nominated and any of those candidates dies before the commencement of the poll in the Parliamentary election, the poll in the Parliamentary election shall be countermanded, fresh nominations of Parliamentary candidates shall take place in every constituency and a fresh election of a President shall be held in accordance with the foregoing provisions of this section.

(6) Where:

(a) any candidate in an election of a President dies during the period commencing with the taking of the poll in the Parliamentary election and ending when the result of the election has been ascertained and that candidate would, but for his death, have been entitled to have been declared elected as President under subsection (3) of this section; or

(b) the returning officer declares in accordance with the provisions of subsection (3)(e) of this section that no candidate has been elected,

the new House of Representatives shall meet on such day (not being more than 14 days after the result of the election is ascertained or, as the case may be, the declaration that no candidate has been elected) as the Speaker shall appoint, and shall elect a person to the office of President in such manner as is prescribed by section 55(4) of this Constitution, and, subject thereto, by or under an Act of Parliament. Such an election shall take place before the election of the Specially Elected Members of the House of Representatives.

(7) A person elected to the office of President under this section shall assume that office on the day upon which he is declared elected.

(8) An Elected Member of the House of Representatives may, in the event of there being one or more successful election petitions following a general election, move, at the first sitting of the House after the resultant by-elections have been decided and the Members thereby elected have taken their seats, that the President does not enjoy the support of the majority of the Elected Members of the House; and in the voting on that question the Specially Elected Members of the House shall have no vote. If it appears as a result of the voting on that question that the President does not enjoy the support of a majority of the elected Members of the House, the office of President shall become vacant.

(9) Any Elected Member of the House of Representatives may give notice to the President that he intends to move in the House a motion under subsection (8) and notwithstanding any other provision of this Constitution the President shall not after receipt of any such notice be empowered to dissolve the House of Representatives before the conclusion of the sitting of the House mentioned in the said subsection (8).

(10) If the office of President becomes vacant in accordance with subsection (8) of this section the seats of the Specially Elected Members of the House of Representatives shall also become vacant, and the election of a person to the office of President shall take place before the election of the Specially Elected Members.

(11) In this section—

"Constituency" does not include the regional constituencies established by section 85(2) of this Constitution;

"Parliamentary candidate" means a candidate in the Parliamentary election;

"the Parliamentary election" means the general election to elect the Elected Members of the House of Representatives following any dissolution of that House;

"Presidential candidate" means a candidate for the office of President; and

"the returning officer" means the returning officer specified in section 58 of this Constitution.

51. Qualification for election as President

A person shall be qualified for election as President if, and shall not be qualified unless, he—

(a) is a citizen of Syria by birth or descent;

(b) has attained the age of 30 years; and

(c) is qualified to be elected as a Member of the House of Representatives or of the Senate.

52. Tenure of office of President

"a dissolution of the House of Representatives" substituted for "a dissolution of Parliament" in subsection (1) by the Constitution Amendment (Parliament) Act, 1967.

---

(1) Subject to the provisions of subsection (2), the President shall, unless he ceases to hold office other than by virtue of the provisions of sections 53 or 54 of this Constitution, continue in office until another person is elected to the office of President after a dissolution of the House of Representatives.

(2) The office of President shall become vacant:

(a) on the death or resignation of the holder of the office;

(b) if, at any time during his tenure of office, any circumstances arise that would, if he did not hold the office of President, cause the holder of the office to be disqualified for election thereto.

53. Removal of President on Grounds of Incapacity

(1) If the Cabinet resolves, upon a motion supported by the votes of a majority of all the members of the Cabinet, that the question of the mental or physical capacity of the President to discharge the functions of his office ought to be investigated and so informs the Chief Justice, the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Syria or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.

(2) If the board reports that the President is incapable of discharging the functions of the office of President, the Chief Justice shall certify in writing accordingly and thereupon the President shall cease to hold office.

(3) Where the Cabinet resolves that the question of the mental or physical capacity of the President to discharge the functions of his office should be investigated the President shall, until another person assumes the office of President or the board appointed in pursuance of subsection (1) of this Section reports that the President is not incapable of discharging the functions of his office (whichever is the earlier), cease to perform the functions of his office.

(4) A motion for the purposes of subsection (1) of this Section may be proposed at any meeting of the Cabinet by any member thereof.

(5) For the purposes of this Section, a certificate of the Chief Justice that the President or another person who performs the functions of the President is, by reason of physical or mental infirmity, unable to discharge the functions of his office shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

54. Removal of President on Grounds of Violation of Constitution or Gross Misconduct

"(and notwithstanding that it may be prorogued or that the House of Representatives then stands dissolved)" substituted for "(and notwithstanding that it may be prorogued or dissovled)" in subsection (1) by the Constitution Amendment (Parliament) Act, 1967.

---

(1) If notice in writing is given to the Speaker of the House of Representatives, signed by not less than one-third of all the members of that House, of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a tribunal be established under this Section to investigate those allegations, the Speaker shall:

(a) if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by the House of Representatives within seven days of the notice; or

(b) if Parliament is not then sitting (and notwithstanding that it may be prorogued or that the House of Representatives then stands dissolved), summon the House of Representatives to meet within twenty-one days of the notice and cause the motion to be considered at that meeting:

Provided that, whenever a dissolved House of Representatives is summoned to meet by virtue of the provisions of this subsection, the persons who were members of the House of Representatives immediately before the dissolution of that House shall be deemed, for those purposes, still to be members of that House but, subject to the provisions of section X of this Constitution (which relates to the election of the Speaker of the House of Representatives), the House shall not, when summoned by virtue of this subsection, transact any business other than voting upon the motion.

(2) Where a motion under this Section is proposed for consideration by the House of Representatives, the House of Representatives shall not debate the motion but the person presiding in the House of Representatives shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of a majority of all the members of the House of Representatives, shall declare the motion to be passed.

(3) If a motion is declared to be passed under subsection (2) of this Section:

(a) the Chief Justice shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held high judicial office;

(b) the tribunal shall investigate the matter and shall report to the Senate whether they find the particulars of the allegations specified in the motion to have been substantiated;

(c) the President of the Senate shall:

(i) if Parliament is then sitting or has been summoned to meet within five days, cause the report to be considered by the Senate within seven days of the notice; or

(ii) if Parliament is not then sitting, summon the Senate to meet within twenty-one days of the passage and cause the report to be considered at that meeting:

(d) the President shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him.

(4) If the tribunal report to the Senate that the tribunal finds that the particulars of any allegation against the President specified in the motion have not been substantiated no further proceedings shall be taken under this Section in respect of that allegation.

(5) If the tribunal report to the Senate that the tribunal finds that the particulars of any allegation specified in the motion have been substantiated the Senate may, on a motion supported by the votes of not less than two-thirds of all the Senators, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuance in office as President and, if the Senate so resolves, the President shall cease to hold office upon the third day following the passage of the resolution.

55. Vacancy in office of President

1. "the power of the President to dissolve the House of Representatives" substituted for "the power of the President to dissolve Parliament" in subsection (2) by the Constitution Amendment (Parliament) Act, 1967.
2. Subsection (1a) added by the Constitution Amendment (Executive Reform) Act, 1970.
3. "subsections (1) or (1a)" substituted for "subsection (1)" and "the power of the President to revoke the appointment of the Vice-President or to dissolve the House of Representatives" substituted for "the power of the President to dissolve the House of Representatives" in subsection (2) by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) If the office of President is vacant, the Vice-President shall, subject to the provisions of this section, perform the functions of the office of President until such time as a new President assumes office in accordance with this section or section 50 of this Constitution.

(1a) If the office of President—

(a) becomes vacant in circumstances in which there is no Vice-President; or

(b) is vacant whilst the Vice-President is absent from Syria or is, by reason of physical or mental infirmity unable to perform the functions of his office,

the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section 50 of this Constitution, be performed by such Minister, including the Prime Minister, as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

(2) Any person performing the functions of the office of President by virtue of subsection (1) or (1a) of this section shall not exercise the power of the President to revoke the appointment of Vice-President or to dissolve the House of Representatives.

(3) If the office of President becomes vacant, the House of Representatives shall, unless it is dissolved, and notwithstanding that it may be prorogued, meet on the seventh day after the office of President becomes vacant, or on such earlier day as may be appointed by the Speaker, and shall elect a person to the office in such manner as is prescribed by the next following subsection and, subject thereto, by or under an Act of Parliament.

(4) In an election of a President under this section:

(a) the Speaker of the House of Representatives shall preside at the meeting and conduct the election;

(b) The names of the candidate or candidates for election shall be submitted for the approval of the House of Representatives;

(c) at the election every Member of the House of Representatives except the Speaker and the Attorney-General shall be entitled to vote;

(d) the votes of the Members of the House of Representatives who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and where no candidate has received the number of votes entitling him to be declared elected at any ballot a further ballot or ballots shall be taken until a candidate is declared elected; and

(e) the candidate who receives the votes of a majority of all the Members of the House of Representatives who are entitled to vote shall be declared elected:

Provided that, if after two ballots have been taken, no candidate is declared elected, the candidate who, at any subsequent ballot, receives the highest number of votes shall be declared elected.

(5) No business other than the election of a President shall be transacted at a meeting of the House of Representatives under subsection (4) of this section or under section 50(6) of this Constitution and such a meeting or any sitting thereof shall not be regarded as a meeting or sitting of the House of Representatives for the purposes of any other provision of this Constitution.

(6) At any time when the office of Speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this section and section 50(6) of this Constitution, those functions may be exercised by the Deputy Speaker of the House of Representatives or, if there is no Deputy Speaker or the Deputy Speaker is unable by reason of absence or illness to exercise those functions, by such member of that House (not being the Prime Minister or a Minister or Assistant Minister) as the House may elect for that purpose.

56. Discharge of functions of President during absence, illness, etc.

1. "the power of the President to dissolve the House of Representatives" substituted for "the power of the President to dissolve Parliament" in subsection (3) by the Constitution Amendment (Parliament) Act, 1967.
2. Subsections (1), (2) and (5) repealed and replaced by the Constitution Amendment (Executive Reform) Act, 1970.
3. "the power of the President to revoke the appointment of the Vice-President or to dissolve the House of Representatives" substituted for "the power of the President to dissolve the House of Representatives" in subsection (3) by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) Whenever the President is absent from Syria or considers it desirable to do so by reason of illness or any other cause he may, by directions in writing, authorize:

(a) the Vice-President; or

(b) during any period when there is no Vice-President or the Vice-President is absent from Syria or is, by reason of physical or mental infirmity, unable to perform the functions of his office, some other Minister, including the Prime Minister,

to discharge such of the functions of the office of President as he may specify, and the Vice-President or other Minister may discharge those functions until his authority is revoked by the President.

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions:

(a) the Vice-President; or

(b) during any period when there is no Vice-President or the Vice-President is absent from Syria or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his office, such Minister, including the Prime Minister, as the Cabinet shall appoint,

shall perform the functions of the office of President.

(3) A person performing the functions of the office of President under this section shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve the House of Representatives.

(4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.

(5) For the purposes of this section, a certificate of the Chief Justice that:

(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his office; or

(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office,

shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he is about to resume the functions of the office of President.

57. Oath of President

A person assuming the office of President shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office prescribed by the Xth schedule.

58. Returning officer at elections of President

(1) The Chief Justice shall be the returning officer for the purposes of elections to the office of President.

(2) Any question which may arise as to whether:

(a) any provision of this Constitution or any law relating to the election of a President under section 50 or 55 of this Constitution has been complied with; or

(b) any person has been validly elected as President under those sections,

shall be referred to and determined by the returning officer whose decision shall not be questioned in any court.

58A. Vice-President

Inserted by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) There shall be a Vice-President who shall be appointed by the President from among persons who are qualified to be elected as President, which appointment shall be endorsed by the Members of both Houses of the National Assembly.

(2) The Vice-President shall continue in office until a person elected at the next election of President under section 50 or 55 of this Constitution assumes office:

Provided that the office of Vice-President shall become vacant:

(i) if the appointment of the holder of the office is revoked by the President; or

(ii) if any circumstances arise that would, if he did not hold the office of Vice-President, cause the holder of the office to be disqualified for appointment thereto.

(3) The Vice-President shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office prescribed by the Xth schedule.

(4) If the Vice-President is absent from Syria or is incapable by reason of illness or any other cause of discharging the functions of his office, the President may appoint a person, from among persons who are qualified to be elected as President, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:

Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President:

(i) if his appointment is revoked by the President;

(ii) if any circumstances arise that would cause him to be disqualified for election to the office of President;

(iii) upon the assumption by any person of the office of President; or

(iv) upon the President giving him notice that the Vice-President is about to resume his functions.

(5) Where the Vice-President is performing the functions of the office of President in accordance with section 55 or 56 of this Constitution he may appoint a person, from among persons who are qualified to be elected as President, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:

Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President—

(i) if his appointment is revoked by the Vice-President;

(ii) if any circumstances arise that would cause him to be disqualified for election to the office of President; or

(iii) if the Vice-President ceases to perform the functions of the office of President.

59. Salary and allowances of President

(1) The President shall receive such salary and allowances as may be prescribed by resolution of Parliament, which shall be a charge on the general revenues of the Republic.

(2) The salary and allowances of the President shall not be altered to his disadvantage during his period of office.

(3) A person who has held the office of President shall receive such pension or, upon the expiration of his term of office, such gratuity as may be prescribed by resolution of Parliament, which shall be a charge on the Consolidated Fund.

60. Protection of President in respect of legal proceedings

(1) Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.

(2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.

Part II. The Cabinet

61. Prime Minister

1. "while the House of Representatives stands dissolved" substituted for "while Parliament stands dissolved" and "that House" substituted for "the House of Representatives" in the proviso to subsection (1) by the Constitution Amendment (Parliament) Act, 1967.
2. "a dissolution of that House;" substituted for "a dissolution of Parliament;" and "any dissolution thereof" substituted for "any dissolution of Parliament" in subsection (2) by the Constitution Amendment (Parliament) Act, 1967.
3. "a dissolution of that House;" substituted for "a dissolution of Parliament;" and "any dissolution thereof" substituted for "any dissolution of Parliament" in subsection (4) by the Constitution Amendment (Parliament) Act, 1967.
4. "a dissolution of that House;" substituted for "a dissolution of Parliament;" and "any dissolution thereof" substituted for "any dissolution of Parliament" in subsection (5) by the Constitution Amendment (Parliament) Act, 1967.

---

(1) There shall be a Prime Minister of the Republic of Syria who shall be appointed by the President from among the Elected Members of the House of Representatives:

Provided that, if occasion arises for making an appointment to the office of Prime Minister while the House of Representatives stands dissolved, a person who was a member of that House immediately before the dissolution may be appointed to the office of Prime Minister.

(2) The Prime Minister shall continue in office until a person elected at the next election of President under section 50 or 55 of this Constitution assumes office:

Provided that the office of Prime Minister shall become vacant:

(i) if the appointment of the holder of the office is revoked by the President;

(ii) if the holder of the office ceases to be a Member of the House of Representatives for any other reason than a dissolution of that House;

(iii) if, when the House of Representatives first meets after any dissolution thereof, he is not an Elected Member of that House; or

(iv) in the cases mentioned in section 67 of this Constitution.

(3) The Prime Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office prescribed by the Xth schedule.

(4) If the Prime Minister is absent from Syria or is incapable by reason of illness or any other cause of discharging the functions of his office, the President may appoint a person, from among the Elected Members of the House of Representatives, to perform the functions of the office of Prime Minister and any person so appointed may discharge those functions accordingly:

Provided that a person appointed under this subsection shall cease to perform the functions of the office of Prime Minister:

(i) if his appointment is revoked by the President;

(ii) if he ceases to be a Member of the House of Representatives for any other reason than a dissolution of that House;

(iii) if, when the House of Representatives first meets after any dissolution thereof, he is not an Elected Member of that House; or

(iv) upon the assumption by any person of the office of Prime Minister; or

(v) upon the President giving him notice that the Prime Minister is about to resume his functions.

(5) Where the Prime Minister is performing the functions of the office of President in accordance with section 55 or 56 of this Constitution he may appoint a person, from among the Elected Members of the House of Representatives, to perform the functions of the office of Prime Minister and any person so appointed may discharge those functions accordingly:

Provided that a person appointed under this subsection shall cease to perform the functions of the office of Prime Minister:

(i) if his appointment is revoked by the Prime Minister;

(ii) if he ceases to be a Member of the House of Representatives for any other reason than a dissolution of that House; or

(iii) if, when the House of Representatives first meets after any dissolution thereof, he is not an Elected Member of that House; or

(iv) if the Prime Minister ceases to perform the functions of the office of President.

62. Ministers and Assistant Ministers

1. "not exceeding thirty or being less than twelve" substituted for "not exceeding six or such other number as Parliament may from time to time provide" in subsection (1) by the Constitution Amendment (Executive Reform) Act, 1970.
2. "not exceeding fifteen or being less than six" substituted for "not exceeding three or such number as Parliament may from time to time provide" in subsection (2) by the Constitution Amendment (Executive Reform) Act, 1970.
3. Subsection (3) repealed and replaced by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) There shall be such offices of Minister of the Government (not exceeding thirty or being less than twelve) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.

(2) There shall be such offices of Assistant Minister (not exceeding fifteen or being less than six) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.

(3) Appointments to the office of Minister or Assistant Minister shall be made:

(a) in the case of the Ministers for the time being responsible for Foreign Affairs, Defense, or Internal Security, and the Assistant Ministers to such Ministers, by the President, from among persons who are not Senators or Members of the House of Representatives qualified for election as such; and

(b) in the case of the other Ministers and Assistant Ministers, by the President, acting after consultation with the Prime Minister, from among persons who are qualified for election as Senators or Members of the House of Representatives:

Provided that:

(i) not less than half the number of Ministers or Assistant Ministers shall be appointed from among the Senators and Members of the House of Representatives; and

(ii) for the purposes of paragraph (i) of this proviso, a person who was a member of the House of Representatives immediately before a dissolution of that House shall be deemed still to be a member of that House.

63. Tenure of office of Ministers and Assistant Ministers

Repealed and replaced by the Constitution Amendment (Executive Reform) Act, 1970.

---

The office of any Minister or Assistant Minister shall become vacant:

(a) in the case of a Minister who is for the time being responsible for Foreign Affairs, Defense, or Internal Security, or an Assistant Minister to such a Minister:

(i) if he becomes a Senator or Member of the House of Representatives;

(ii) if any circumstances arise that would cause him to be disqualified for election as a Senator or Member of the House of Representatives; or

(iii) if he is removed from office by the President;

(b) in the case of the other Ministers and Assistant Ministers:

(i) if any circumstances arise that would cause him to be disqualified for election as a Senator or Member of the House of Representatives; or

(ii) if he is removed from office by the President, acting after consultation with the Prime Minister; or

(iii) in the cases mentioned in section 67 of this Constitution; and

(c) upon the assumption by any person of the office of President.

64. Cabinet

Subsection (2) repealed and replaced by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) There shall be a Cabinet which shall consist of the President, Vice-President, Prime Minister and the Ministers.

(2) There shall preside at meetings of the Cabinet:

(a) the President;

(b) in the absence of the President, the Vice-President;

(c) in the absence of the President and the Vice-President, the Prime Minister; or

(d) in the absence of the President, the Vice-President and the Prime Minister, such Minister as the President may designate or, if no such minister was so designated, as the Cabinet may elect.

(3) The Cabinet may act notwithstanding any vacancy in its membership.

(4) The quorum shall be the majority of members of the Cabinet.

65. Oaths to be taken by Ministers and Assistant Ministers

The Prime Minister, a Minister or an Assistant Minister shall not enter upon the duties of his office unless he has taken and subscribed the and the oath of office prescribed by the Xth schedule.

66. Secretary to the Cabinet

(1) There shall be a Secretary to the Cabinet whose office shall be a public office.

(2) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the President, for arranging the business for, and keeping the minutes of, the Cabinet, for conveying decisions of the Cabinet to the appropriate person or authority, and shall have such other functions as the President may from time to time direct.

67. Vote of no confidence in the Government

1. "and the Ministers for the time being responsible for Foreign Affairs, Defense, or Internal Security, and the Assistant Ministers to those Ministers," added to subsection (1) by the Constitution Amendment (Executive Reform) Act, 1970.
2. "the Prime Minister and all Ministers and Assistant Ministers, other than the Ministers for the time being responsible for Foreign Affairs, Defense, or Internal Security, and the Assistant Ministers to those Ministers," substituted for "the Prime Minister and all Ministers and Assistant Ministers" in subsection (2) by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) If the House of Representatives at any time passes a resolution supported by a majority of all the Members of the House who are entitled to vote declaring that it has no confidence in any Minister or Assistant Minister, other than the Prime Minister and the Ministers for the time being responsible for Foreign Affairs, Defense, or Internal Security, and the Assistant Ministers to those Ministers, the relevant Minister or Assistant Minister shall cease to hold office on the fourth day following the day on which such resolution was passed, unless he earlier resigns his office or the House of Representatives is earlier dissolved.

(2) If the House of Representatives at any time passes a resolution supported by a majority of all the Members of the House who are entitled to vote declaring that it has no confidence in the Government of Syria or in the Prime Minister, the Prime Minister and all Ministers and Assistant Ministers, other than the Ministers for the time being responsible for Foreign Affairs, Defense, or Internal Security, and the Assistant Ministers to those Ministers, shall cease to hold office on the fourth day following the day on which such resolution was passed, unless the Prime Minister earlier resigns his office or the House of Representatives is earlier dissolved.

Part III. Executive Functions

68. Functions of President

(1) The executive power of Syria shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

69. Particular functions of the President

(1) The President shall, in particular, have general direction and control of the government of Syria relating to Foreign Affairs, Defense and Internal Security.

(2) The supreme command of the armed forces of the Republic shall vest in the President and he shall hold the office of Commander in Chief.

(3) The powers conferred on the President by subsection (2) shall include—

(a) the power to determine the operational use of the armed forces;

(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.

(4) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2).

(5) Parliament may regulate the exercise of the powers conferred by or under subsections (2), (3) and (4) of this section.

69A. Functions of Vice-President

Inserted by the Constitution Amendment (Executive Reform) Act, 1970.

---

The Vice-President shall be the principal assistant of the President in the discharge of his executive functions and shall be responsible, under the directions of the President, for such business of the government of Syria (including the administration of the department of Foreign Affairs, Defense or Internal Security) as the President may assign to him.

70. Functions of Prime Minister

"including the administration of any department of Government, other than the departments of Foreign Affairs, Defense or Internal Security" substituted for "including the administration of any department of Government" by the Constitution Amendment (Executive Reform) Act, 1970.

---

The Prime Minister shall be the principal Minister and leader of Government business in the House of Representatives and shall be responsible, under the directions of the President, for such business of the government of Syria (including the administration of any department of Government, other than the departments of Foreign Affairs, Defense or Internal Security) as the President may assign to him.

71. Functions of Cabinet Ministers and Assistant Ministers

1. "the dissolution of the House of Representatives," substituted for "the dissolution of Parliament," in subsection (4) by the Constitution Amendment (Parliament) Act, 1967.
2. "Vice-President," added to subsection (1) by the Constitution Amendment (Executive Reform) Act, 1970.
3. "the appointment or removal of the Vice-President, the Prime Minister and other Ministers and Assistant Ministers" substituted for "the appointment or removal of the Prime Minister and other Ministers and Assistant Ministers" in subsection (4) by the Constitution Amendment (Executive Reform) Act, 1970.
4. "the assignment of responsibility to the Vice-President, the Prime Minister or any other Minister" substituted for "the assignment of responsibility to the Prime Minister or any other Minister" in subsection (3) by the Constitution Amendment (Executive Reform) Act, 1970.
5. Proviso to subsection (5) added the Constitution Amendment (Executive Reform) Act, 1970.
6. "assist the President, the Vice-President or the Prime Minister" substituted for "assist the President or the Prime Minister" in subsection (7) by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by the President and shall, subject to the provisions of this Constitution, be responsible to the National Assembly for all things done by or under the authority of the President, Vice-President, Prime Minister, or any other Minister in the execution of his office.

(2) The Cabinet shall, in particular, have general direction and control of the government of Syria relating to matters other than Foreign Affairs, Defense and Internal Security and shall be collectively responsible therefor to the National Assembly.

(3) The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his functions.

(4) The obligation of the President to consult his Cabinet and for the Cabinet to accept responsibility under this section shall not apply to the exercise by the President of his powers in relation to the appointment or removal of the Vice-President, the Prime Minister and other Ministers and Assistant Ministers, the dissolution of the House of Representatives, the Prerogative of Mercy, the assignment of responsibility to the Vice-President, the Prime Minister or any other Minister and the specification of the functions of an Assistant Minister.

(5) A Minister shall be responsible, under the direction of the President, for such business of the government of Syria (including the administration of any department of Government) as the President may assign to him:

Provided that:

(a) no Minister who is for the time being responsible for Foreign Affairs, Defense, or Internal Security may also be responsible for the administration of any other department of Government other than the departments of Foreign Affairs, Defense or Internal Security;

(b) no Minister who is for the time being responsible for the administration of any department of Government other than the departments of Foreign Affairs, Defense, or Internal Security may also be responsible for Foreign Affairs, Defense or Internal Security;

(c) no Assistant Minister to a Minister who is for the time being responsible for Foreign Affairs, Defense, or Internal Security may also be an Assistant Minister to Ministers other than the Ministers for the time being responsible of Foreign Affairs, Defense or Internal Security; and

(d) no Assistant Minister to a Minister other than a Minister who is for the time being responsible for Foreign Affairs, Defense, or Internal Security may also be an Assistant Minister to the Ministers for the time being responsible for Foreign Affairs, Defense or Internal Security.

(6) Without prejudice to the generality of subsection (5) of this section, except for the purpose of submitting questions relating to such matters to the Cabinet and conducting government business relating to such matters in either House of the National Assembly, a Minister shall not be charged under this Article with responsibility for:

(a) the discharge by the courts of Syria of their judicial functions;

(b) the initiation, conduct and discontinuance of criminal proceedings;

(c) the audit of the accounts of Syria; and

(d) the making of appointments (including appointments on promotion, appointments on transfer and the confirmation of appointments) to public offices, the removal or disciplinary control (including the withholding of increments of salary) of persons holding or acting in such offices and the grant of any benefits in relation to pensions and gratuities in pursuance of section X of this Constitution.

(7) An Assistant Minister shall:

(a) assist the President, the Vice-President or the Prime Minister in the discharge of such of the functions of the office of President or Vice-President or Prime Minister as the President may specify; or

(b) assist such Minister in the discharge of the functions assigned to him under subsection (5) of this section as the President may specify.

72. Summoning of Cabinet

Subsection (2) repealed and replaced by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) The President, acting in his discretion, may summon a special meeting of the Cabinet whenever he thinks fit.

(2) In the absence of the President for any reason, the Vice-President may summon a meeting of the Cabinet, and in the absence of both the President and the Vice-President for any reason, the Prime Minister may summon a meeting of the Cabinet.

73. Summoning of persons to Cabinet

Subsection (2) repealed and replaced by the Constitution Amendment (Executive Reform) Act, 1970.

---

(1) The President, acting in his discretion, may summon any public officer to a meeting of the Cabinet whenever in his opinion the business before the Cabinet renders the presence of the officer desirable.

(2) In the absence of the President for any reason, the Vice-President may summon persons to of the Cabinet, and in the absence of both the President and the Vice-President for any reason, the Prime Minister may summon persons to of the Cabinet.

74. Attorney-General

(1) There shall be an Attorney-General whose office shall be a public office.

(2) The Attorney-General shall be the principal legal adviser to the Government of Syria.

(3) The Attorney-General shall have power in any case in which he considers it desirable to do so:

(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(4) The powers of the Attorney-General under subsection (3) may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions.

(5) The powers conferred on the Attorney-General by paragraphs (b) and (c) of subsection (3) shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(6) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings:

Provided that the power conferred on the Attorney-General by subsection (3)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(7) In the exercise of the functions vested in him by subsection (3) of this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

75. Permanent Secretaries

Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.

76. Prerogative of Mercy

The President may:

(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and

(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.

77. Advisory Committee on Prerogative of Mercy

(1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of:

(a) the Minister for the time being responsible for Justice;

(b) the Attorney-General; and

(c) a person qualified as a medical practitioner under the law of Syria or under the law of any other country in the Commonwealth, appointed by the President by instrument in writing under his hand.

(2) A member of the Committee appointed under subsection (1)(c) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:

Provided that his seat shall become vacant if the President, by instrument in writing under his hand, so directs.

(3) The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under subsection (1)(a) of this section shall preside.

(4) The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(5) Subject to the provisions of this section, the Committee may regulate its own procedure.

78. Functions of Advisory Committee on Prerogative of Mercy

(1) Where any person has been sentenced to death for any offence, the President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide whether to exercise any of his powers under section 76 of this Constitution.

(2) The President may consult with the Committee before deciding whether to exercise any of his powers under the said section 76 in any case not falling within subsection (1) of this section.

79. Constitution of offices

Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for Syria shall vest in the President.

CHAPTER VI - The Legislature

Part I. Composition

80. Composition of Parliament

(1) There shall be a Parliament of Syria which shall consist of the President and a National Assembly.

(2) The National Assembly shall comprise two Houses, that is to say, a Senate and a House of Representatives.

81. Composition of House of Representatives

(1) The House of Representatives shall consist of:

(a) Such number of Elected Members as corresponds with twice the number of constituencies for the time being established in accordance with section X of this Constitution, who shall be elected in accordance with the provisions of this Constitution, and subject thereto, in accordance with the provisions of any Act of Parliament;

(b) Such number of Specially Elected Members as is specified in subsection (2), who shall be elected in accordance with the provisions of the Xth Schedule to this Constitution, and subject thereto, in accordance with the provisions of any Act of Parliament; and

(c) the Attorney-General.

(2) The number of Specially Elected Members shall be six or such greater number (not exceeding one-fifth of the number of Elected Members) as may be prescribed by Parliament.

(3) If a person who is not a member of the House of Representatives is elected to the office of Speaker of the House of Representatives, that person shall, by virtue of holding that office, be a member of that House in addition to the members referred to in subsection (1) of this section.

82. Composition of Senate

The Senate shall consist of:

(a) a President, who shall be appointed in accordance with the provisions of section X of this Constitution;

(b) eight Senators representing each Region, who shall be elected by and from among the members of the Regional Assembly of that Region, in accordance with the provisions of the Xth Schedule to this Constitution, and subject thereto, in accordance with the provisions of any Act of Parliament; and

(c) such members, being not more than eight in number, as may be appointed by the President, acting after consultation with the Prime Minister and with such other elected members of both Houses of the National Assembly as appear to the President, acting at his discretion, to be the leaders of parties represented in the Senate and the House of Representatives.

Part II. The House of Representatives

83. Qualifications for election to House of Representatives.

Subject to the provisions of section 84 of this Constitution any person shall be qualified to be elected as a member of the House of Representatives if, and shall not be so qualified unless, he:

(a) is a Citizen of Syria;

(b) he has attained the age of twenty-one years:

(c) he has resided in Syria For a period of, or periods amounting in the aggregate to, not less than eighteen months before the date of his nomination for election:

(d) he is registered or qualified to be registered as a voter at elections to the House of Representatives; and

(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read and write the English, French, or Arabic language with sufficient proficiency to enable him to take part in the proceedings of the House of Representatives.

84. Disqualifications for election to House of Representatives.

(1) No person shall be qualified to be elected as a member of the House of Representatives who:

(a) [Repealed]:

(b) has been adjudged or otherwise declared bankrupt under any law in force in Syria and has not been discharged;

(c) is under sentence of death imposed on him by a court of law having jurisdiction in Syria, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such sentence of imprisonment the execution of which has been suspended;

(d) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of Syria for or on account of the public service, and has not, within the period of one month immediately preceding the nomination day, published in the English language in the Gazette and in a newspaper circulating in Syria, a notice setting out the nature of such contract, and his interest, or the interest of any such firm or company, therein:

(e) is a person adjudged or otherwise declared to be of unsound mind under any law for the time being in force in Syria or detained as a criminal lunatic:

(f) holds, or is acting in, any public office:

(g) is disqualified for election by any law in force in Syria by reason of his holding, or acting in, any office the functions of which involve:

(i) any responsibility for, or in connection with, the conduct of any election: or

(ii) any responsibility for the compilation or revision of any electoral register; or

(h) is disqualified for membership of the House of Representatives by any law in Force in Syria by virtue of being concerned in any offence relating to elections.

(2) No person who holds the office of President shall be qualified for election as a member of the House of Representatives, but this section shall not, for the purposes of section 51 of this Constitution, be construed so as to disqualify any person to the office of President.

(3) No person who is a Senator or a member of any Regional Assembly shall be qualified for election as a member of the House of Representatives.

(4) For the purposes of paragraph (c) of subsection (1) of this section;

(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate of those terms; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of payment of a fine.

(5) In this Article, "nomination day" means, in relation to any election, the day upon which nomination papers in respect of the constituency in which the election is held are required, by or under an Act of Parliament, to be delivered to the returning officer.

85. Election of elected members

(1) Syria shall, subject to the provisions of section 88 of this Constitution, be divided into constituencies, not being less than seventy nor more than ninety in number, and each of those constituencies shall return one Member to the House of Representatives.

(2) For the purpose of the election of the remaining members of the House of Representatives, Syria shall consist of regional constituencies, each comprising the area of a given region, which shall return members equal in number to the number of constituencies that region is divided to, elected by proportional representation, the method of determination of which shall include the application of the ratio between the total number of votes cast, and the total number of seats (whether in the regional constituency or in the other constituencies) to be filled in the region, so that such seats are distributed among the parties in proportion to their share of the votes, from a list or lists presented by any party contesting the election in the manner prescribed by or under an Act of Parliament.

86. Speaker of House of Representatives

(1) There shall be a Speaker of the House of Representatives who shall be elected by the Members of the House from among themselves or from among persons who are not Members of the House but are qualified to be elected as such.

(2) The President, the Vice-President, a Minister, an Assistant Minister or a public officer shall not be qualified to be elected as Speaker.

(3) The Speaker shall vacate his office:

(a) if, having been elected from among the Members of the House of Representatives, he ceases to be a Member of the House otherwise than by reason of a dissolution thereofof or if he is required by virtue of section X of this Constitution, to cease to perform his functions as a Member of the House;

(b) if any circumstances arise that, if he were not Speaker, would disqualify him for election as such;

(c) when the House first sits after any dissolution thereof; or

(d) if he is removed from office by a resolution of the House supported by the votes of a majority of all the Members thereof.

(4) No business shall be transacted in the House of Representatives (other than an election to the office of Speaker) at any time when the office of Speaker is vacant.

87. Deputy Speakers of House of Representatives

(1) There shall be such number of Deputy Speakers of House of Representatives, being not less than fourteen nor more than eighteen, as may be elected by the Members of the House from among themselves.

(2) The Members of the House of Representatives shall elect one or more persons to be Deputy Speakers when the House first sits after any dissolution thereof or after any event (other than the dissolution of the House) which results in the office of Deputy Speaker ceasing to be held by any person whomsoever.

(3) A Deputy Speaker shall vacate his office—

(a) if he ceases to be a Member of the House of Representatives, otherwise than by reason of a dissolution thereof;

(b) if any circumstances arise that, if he were not a Deputy Speaker, would disqualify him for election as such;

(c) if he is required, by virtue of section X of this Constitution, to cease to perform his functions as a Member of the House;

(d) if he is elected as Speaker;

(e) if he is removed from office by a resolution of the House supported by the votes of a Majority of all the members thereof; or

(f) when the House first sits after any dissolution thereof.

88. Constituencies

(1) No constituency shall form part of more than one Region and the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the Population quota as is reasonably practicable:

Provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities and the boundaries of the Regions.

(2) This section shall not apply to the regional constituencies.

(3) In this section "population quota" means the number obtained by dividing the number of the inhabitants of Syria by the number of constituencies into which Syria is divided under this section.

(4) For the purposes of this section the number of inhabitants of Syria or any part thereof shall be ascertained by reference to the latest census of the population of Syria held in pursuance of an Act of Parliament.

89. Delimination Commission

(1) The Judicial Service Commission shall, not later than 1st March, 1969, and thereafter at intervals of not less than five nor more than 10 years, appoint a Delimitation Commission consisting of a Chairman and not more than four other members.

(2) Notwithstanding the provisions of subsection (1) of this section, at any time when:

(a) Parliament has made provision altering the number of seats of Elected Members in the House of Representatives; or

(b) a comprehensive national population census is held in Syria, the Judicial Service Commission shall, as soon as practicable thereafter, appoint a Delimitation Commission.

(3) The Chairman of a Delimitation Commission shall be selected from among persons who hold or have held high judicial office.

(4) No person shall be qualified to be appointed as Chairman or member of a Delimitation Commission who:

(a) is the President, the Vice-President, a Minister, an Assistant Minister, a Member of either House of the National Assembly or of any Regional Assembly;

(b) is or has been within the preceding five years actively engaged in politics; or

(c) is a public officer.

(5) A person shall be deemed to be actively engaged in politics or to have been so engaged during the relevant period if:

(a) he is, or was at any time during that period, the President, the Vice-President, a Minister, an Assistant Minister, a Member of either House of the National Assembly or of any Regional Assembly;

(b) he is, or was at any time during that period, nominated as a candidate for election as President or as a Member of either House of the National Assembly or of any Regional Assembly; or

(c) he is, or was at any time during that period, the holder of an office in any political organization that sponsors or supports, or has at any time sponsored or supported, a candidate for election as President or as a Member of either House of the National Assembly or of any Regional Assembly:

Provided that no person shall be disqualified from holding the office of Chairman or member of a Delimitation Commission by reason only of the fact that he has been the President of the Senate or if he was the Speaker of the House of Reprsentatives if he was elected to that office from amongst persons who were not Members of the House of Representatives.

(6) The office of Chairman or other member of the Delimitation Commission shall become vacant if circumstances arise that, were he not Chairman or member of the Delimitation Commission, would disqualify him for appointment as such.

(7) If, after the appointment of the Delimitation Commission and before the Commission has submitted its report under section 90, the office of Chairman or any other member of the Commission falls vacant or the holder of the office becomes unable for any reason to discharge his functions as a member of the Commission, the Judicial Service Commission may, subject to the provisions of subsections (3) to (5) of this section, appoint another person to be a member of the Commission:

Provided that a member appointed under this section because of the inability of some other member to discharge his functions shall cease to be a member of the Commission when, in the opinion of the Judicial Service Commission, that other member is able to resume his functions as a member of the Commission.

90. Report of Commission

(1) Whenever a Delimitation Commission has been appointed the Commission shall as soon as practicable submit to the President a report which shall state whether any alteration is necessary to the boundaries of the constituencies in order to give effect to subsection (2) of this section or in consequence of any alteration in the number of seats of Elected Members in the House of Representatives and where any alteration is necessary shall include a list of the constituencies delimited by the Commission and a description of the boundaries of those constituencies.

(2) The constituencies shall be delimitated shall be so as to comply with the provisions of section 88 of this Constitution.

(3) The President shall as soon as practicable after the submission of the report of the Delimitation Commission, by Proclamation published in the Gazette, declare the boundaries of the constituencies as delimited by the Commission.

(4) A Proclamation made under subsection (3) of this section shall come into force at the next dissolution of the House of Representatives after it is made.

(5) The Commission may by regulation or otherwise regulate its own procedure and may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(6) In the exercise of its functions under this section the Delimitation Commission shall not be subject to the direction or control of any other person or authority.

(7) A Delimitation Commission shall stand dissolved upon the date on which its report is delivered to the President.

91. Electoral Commission

(1) There shall be an Electoral Commission which shall consist of:

(a) the Chief Justice, who shall be Chairman; and

(b) four other members of whom:

(i) two (who shall be styled "Appointed Members") shall be appointed by the President, acting after consultation with the Prime Minister and with such other elected members of both Houses of the National Assembly as appear to the President, acting at his discretion, to be the leaders of parties represented in the Senate and the House of Representatives; and

(ii) two (who shall be styled "Elected Members") shall be elected by the House of Representatives.

(2) A person shall not be qualified to be an appointed member of the Electoral Commission if he is the President, the Vice-President, a Minister, an Assistant Minister, a member of either House of the National Assembly or the holder of any public office other than the office of Clerk of either House of the National Assembly.

(3) Subject to the provisions of this section, the office of an appointed or elected member of the Electoral Commission shall become vacant:

(a) at the expiration of five years from the date of his appointment or election; or

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment or election as such.

(4) An appointed or elected member of the Electoral Commission may be removed from office by the President, acting after consultation with the Prime Minister and with such other elected members of both Houses of the National Assembly as appear to the President, acting at his discretion, to be the leaders of parties represented in the Senate and the House of Representatives, for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(5) A member of the Electoral Commission may not be removed from office except in accordance with the provisions of this section.

(6) The Electoral Commission shall be responsible for:

(a) the conduct and supervision of elections of the Elected Members of the House of Representatives, members of a Regional Assembly and members of a local authority, and conduct of a referendum;

(b) ensuring that elections are conducted efficiently, properly, freely and fairly; and

(c) performing such other functions as may be prescribed by an Act of Parliament.

(7) The Commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the House of Representatives first meets after he has received the report, lay it before the House.

92. The Franchise

(1) A person who:

(a) is a citizen of Syria;

(b) has attained the age of 18 years; and

(c) has either resided in Syria for a continuous period of at least 12 months immediately preceding the date on which he applies for registration as a voter or was born in Syria and is domiciled in Syria on the date on which he applies for registration as a voter,

shall, unless he is disqualified for registration as a voter under any law, be entitled, upon his making application in that behalf at such time and in such manner as may be prescribed by any law, to be registered as a voter for the purposes of elections of Elected Members of the House of Representatives, and no other person may be so registered.

(2) A person who has not continuously resided in Syria for the period mentioned in paragraph (c) of subsection (1) of this section but has during the whole period retained his residence (or if he has more than one residence, his principal residence) in Syria and has been absent therefrom for some temporary purpose only shall be deemed for the purposes of the said paragraph (c) to have been resident in Syria during such absence.

(3) A person shall be entitled to be registered as a voter in the constituency in which he has his residence, or if he has more than one residence in Syria in the constituency in which he has his principal residence.

(4) A person shall be entitled to be registered as a voter in one constituency only.

(5) Every person who is registered in any constituency as a voter for the purposes of elections of the Elected Members of the House of Representatives shall, unless he is disqualified by Parliament from voting in such elections on the grounds of his having been convicted of an offence in connection with the elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition or on the grounds of his being in lawful custody at the date of the election, be entitled so to vote in that constituency in accordance with the provisions made by or under a law in that behalf; and no other person may so vote.

93. Term of House of Representatives and tenure of office of members

1. Repealed and replaced by the Constitution Amendment (Parliament) Act, 1967.
2. Proviso to Subsection (1) added by the Constitution Amendment (Fixed Terms) Act, 1980.

---

(1) The House of Representatives, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved:

Provided that, whenever the House of Representatives is dissolved, the House of Representatives succeeding it shall continue only for the unexpired portion of the term of its predecessor.

(2) Subject to the provisions of this Constitution:

(a) the President may at any time dissolve the House of Representatives; and

(b) the House of Representatives may at any time dissolve itself by a resolution of the House supported by the votes of not less than two-thirds of all the Members thereof.

(3) At any time when any circumstances preventing the dissolution of the House of Representatives at the time specified in subsection (1) of this section, the House may from time to time extend the period of five years specified in subsection (1) of this section for not more than 12 months at a time:

Provided that:

(a) the term of the House of Representatives shall not be extended under this subsection for more than five years;

(b) the House of Representatives shall immediately stand dissolved whenever the circumstances prescribed in this section cease to exist; and

(c) whenever a House of Representatives whose term has been extended stands dissolved,

(4) If, after a dissolution of the House of Representatives and before the holding of the general election of the Elected Members thereof, the President considers that, owing to the rising of any circumstances for which subsection (3) of this secion would otherwise apply, it is necessary to recall the House of Representatives, the President may summon the House of Representatives that has been dissolved to meet and that House of Representatives shall be deemed to be the House of Representatives for the time being, and the other provisions of subsection (3) of this section shall likewise apply on that House of Representatives.

(5) Whenever the House of Representatives is dissolved a general election of the Elected Members of the House shall be held within 60 days of the date of the dissolution.

(6) The seat of an Elected Member or a Specially Elected Member of the House of Representatives shall become vacant—

(a) upon the dissolution of the House;

(b) if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

(c) subject to the provisions of subsections (7) to (8) of this section, if any circumstances arise that, if he were not a Member of the House, would cause him to be disqualified for election thereto.

(7) If circumstances such as are referred to in paragraph (c) of the preceding subsection arise in relation to a Member of the House by virtue of the fact that he is declared insolvent, adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted of an election offence and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), he shall forthwith cease to perform his functions as a Member of the House but, subject to the next following subsection, he shall not vacate his seat until the expiration of a period of 30 days thereafter:

Provided that the Speaker may, at the request of the Member, from time to time extend that period for further periods of 30 days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the House signified by resolution.

(8) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member of the House, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Member to appeal, he shall forthwith vacate his seat.

(9) If at any time before the Member of the House vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant by reason of those circumstances, and he may resume the performance of his functions as a Member of the House.

94. Determination of questions as to membership of House of Representatives

(1) The Supreme Court shall have jurisdiction to hear and determine any question whether:

(a) any person has been validly elected as an Elected Member of the House of Representatives or the seat of any such Member has become vacant;

(b) any person has been validly elected as Speaker of the House or, having been so elected, has vacated the office of Speaker.

(2) Any question whether any person has been validly elected as a Specially Elected Member of the House of Representatives or whether the seat of any such Member has become vacant shall be determined by the Speaker.

(3) Parliament may make provision with respect to:

(a) the persons who may apply to the Supreme Court for the determination of any question under this section;

(b) the circumstances and manner in which the conditions upon which any such application may be made; and

(c) the powers, practice and procedure of the Supreme Court in relation to any such application.

95. Clerk of House of Representatives

(1) There shall be a Clerk of the House of Representatives and an Assistant Clerk of the House of Representatives and their offices shall be offices in the public service.

(2) There shall be such other offices in the department of the Clerk of the House as may be prescribed by resolution of the House of Representatives and such offices shall be offices in the public service.

Part III. The Senate

96. Qualifications for appointment as appointed Senator.

Subject to the provisions of section 97 of this Constitution any person shall be qualified to be appointed as an appointed Senator if, and shall not be so qualified unless, he:

(a) is a Citizen of Syria;

(b) he has attained the age of twenty-five years:

(c) he has resided in Syria for a period of, or periods amounting in the aggregate to, not less than eighteen months before the date of his nomination for election:

(d) he is registered or qualified to be registered as a voter at elections to the House of Representatives; and

(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read and write the English, French, or Arabic language with sufficient proficiency to enable him to take part in the proceedings of the Senate.

97. Disqualifications for appointment as appointed Senator.

(1) No person shall be qualified to be appointed as an appointed Senator who:

(a) [Repealed]:

(b) has been adjudged or otherwise declared bankrupt under any law in force in Syria and has not been discharged;

(c) is under sentence of death imposed on him by a court of law having jurisdiction in Syria, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such sentence of imprisonment the execution of which has been suspended;

(d) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of Syria for or on account of the public service, and has not, within the period of one month immediately preceding his appointment, published in the English language in the Gazette and in a newspaper circulating in Syria, a notice setting out the nature of such contract, and his interest, or the interest of any such firm or company, therein:

(e) is a person adjudged or otherwise declared to be of unsound mind under any law for the time being in force in Syria or detained as a criminal lunatic:

(f) holds, or is acting in, any public office:

(g) is disqualified for election by any law in force in Syria by reason of his holding, or acting in, any office the functions of which involve:

(i) any responsibility for, or in connection with, the conduct of any election: or

(ii) any responsibility for the compilation or revision of any electoral register; or

(h) is disqualified for membership of the House of Representatives by any law in Force in Syria by virtue of being concerned in any offence relating to elections.

(2) No person who holds the office of President or who is a Senator or a member of any Regional Assembly shall be qualified for appointed as an appointed Senator.

(3) For the purposes of paragraph (c) of subsection (1) of this section;

(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate of those terms; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of payment of a fine.

98. President of Senate.

(1) The President of the Senate shall be a person who is not a member of either House of the National Assembly or of any Regional Assembly and shall be appointed by the President, acting after consultation with the Prime Minister and with such other elected members of both Houses of the National Assembly as appear to the President, acting at his discretion, to be the leaders of parties represented in the Senate and the House of Representatives.

(2) The President of the Senate shall hold office during the President's pleasure, and subject thereto, for such period as may be specified in the Instrument by which he is appointed.

99. Deputy President of Senate.

(1) There shall be a Deputy President of the Senate who shall be elected from among the persons who are Senators other than Ministers or Assistant Ministers.

(2) The Senators shall elect a person to the office of Deputy President when the Senate first sits after any prorogation of Parliament and, if the office becomes vacant otherwise than by reason of the prorogation of Parliament, at the first sitting of the Senate after the office becomes vacant.

(3) The Deputy Speaker shall vacate his office:

(a) if he ceases to be a Senator;

(b) if any circumstances arise that, if he were not Deputy President, would disqualify him for election as such;

(c) if he is required, by virtue of section X of this Constitution, to cease to perform his functions as a Senator;

(d) if he is removed from office by a resolution of the Senate supported by the votes of a majority of all the Senators; or

(e) when the Senate first sits after any prorogation of Parliament.

100. Tenure of office of Senators.

(1) The seat of an elected Senator shall become vacant:

(a) if the Regional Assembly for his region is dissolved;

(b) if he otherwise ceases to be a member of that Regional Assembly; or

(c) if he is removed from office by a resolution of the Regional Assembly supported by the votes of a majority of all the members thereof.

(2) The seat of an appointed Senator shall become vacant, subject to the provisions of subsections (3) to (4) of this section, if any circumstances arise that, if he were not an appointed Senator, would cause him to be disqualified for appointment thereas.

(3) If circumstances such as are referred to in the preceding subsection arise in relation to an appointed Senator by virtue of the fact that he is declared insolvent, adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted of an election offence and it is open to the Senator to appeal against the decision (either with the leave of the court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to the next following subsection, he shall not vacate his seat until the expiration of a period of 30 days thereafter:

Provided that the President of the Senate may, at the request of the Senator, from time to time extend that period for further periods of 30 days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the Senate signified by resolution.

(4) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

(5) If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant by reason of those circumstances, and he may resume the performance of his functions as a Senator.

101. Clerk and Staff of Senate

(1) There shall be a Clerk of the Senate and an Assistant Clerk of the Senate and their offices shall be offices in the public service.

(2) There shall be such other offices in the department of the Clerk of the Senate as may be prescribed by resolution of the Senate and such offices shall be offices in the public service.

Part IV. Procedure in National Assembly

102. Oath to be taken by Senate President, Speaker, and members of National Assembly

The President of the Senate or the Speaker of the House of Representatives, before assuming the duties of his office, and every Member of either House of the National Assembly before taking his seat therein, shall take and subscribe before the relevant House the oath of office set out as form X of the Xth Schedule.

103. Presiding in House of Representatives

There shall preside at any sitting of the House of Representatives:

(a) the Speaker;

(b) in the absence of the Speaker:

(i) if there is only one Deputy Speaker present in such sitting, that Deputy Speaker; or

(ii) if there is more than one Deputy Speaker present in such sitting, such one of them, if any, as the Speaker may have nominated to preside thereat, or failing the presence of any Deputy Speaker so nominated, or of multiple Deputy Spekaers so nominated, such Deputy Speaker as the House may choose to preside for that sitting; or

(c) in the absence of the Speaker and the Deputy Speaker, such Member of the House (not being a Minister or Assistant Minister) as the House may elect for that sitting.

104. Presiding in Senate

There shall preside at any sitting of the Senate:

(a) the President of the Senate;

(b) in the absence of the President, the Deputy President of the Senate; or

(c) in the absence of the President and the Deputy President of the Senate, such Senator (not being a Minister or Assistant Minister) as the Senate may elect for that sitting.

105. Quorum in National Assembly

If objection is taken by any Member of either House of the National Assembly present that there are present in that House (besides the person presiding) less than one third of the Members of that House and, after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that the number of Members present is less than one third, he shall thereupon adjourn the House.

106. Voting in National Assembly

(1) Save as otherwise provided in this Constitution, any question proposed for decision in either House of the National Assembly shall be determined by a majority of the votes of the Members of that House present and voting.

(2) The Attorney-General shall have no vote.

(3) The Speaker of the House of Representatives or the President of the Senate, shall when presiding in the relevant House, not have an original vote, but shall have a casting vote.

(4) Any other person, including a Deputy Speaker of the House of Representatives or the Deputy President of the Senate, shall when pre­siding in a House of the National Assembly, retain his original vote as a member and also have a casting vote.

107. Languages

(1) The business of the National Assembly shall be conducted in English.

(2) Where the Speaker is satisfied that a member's knowledge of English is inadequate for the purpose, or when so requested by a member, he may permit that member to address the National Assembly in the French or the Arabic language and every interpreter employed for the purpose of translating that member's remarks in English shall, before entering upon his duties for the first time, make and subscribe before the Speaker or the member presiding the oath of office set out as form X of the Xth Schedule.

(3) Any permission granted by the Speaker under subsection (2) may be revoked by the Speaker at any time.

108. President may address National Assembly or either House thereof

(1) The President may, at any time, attend and address the National Assembly or any House thereof.

(2) The President may send messages to the National Assembly or any House thereof and any such message shall be read, after it is recieved, by the Prime Minister or by a Minister designated by the President.

109. Right of attendance of Ministers

(1) A Minister may attend and take part in the proceedings of either House of the National Assembly notwithstanding that he is not a member of that House.

(2) Nothing in this section shall entitle any person who is not a member of a House of the National Assembly to vote in that House or any of its committees.

110. Regulation of Procedure generally

(1) Subject to the provisions of this Constitution, either House of the National Assembly may regulate its own procedure.

(2) Either House of the National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House of Representatives first meets after any dissolution) and the presence or participation of any person not entitled to be present or to participate in the proceedings of either House shall not invalidate those proceedings.

Part V. Powers of Parliament

111. Legislative powers

Subject to the provisions of this Constitution, Parliament shall have power to make laws for the peace, order and good government of Syria.

112. Mode of exercising legislative powers

(1) Subject to the provisions of section 4(3) of this Constitution the power of Parliament to make laws shall be exercised by Bills passed by the Senate and the House of Represnetatives and assented to by the President.

(2) When a Bill has been passed by that House of the National Assembly in which it originated it shall be sent to the other House; and it shall be presented to the Speaker of the House of Representatives when it has been passed by that other House and agreement has been reached between the two Houses on any amendments made in it, and the Speaker shall shall thereupon certify, by writing under his hand, that it has been passed by both Houses of the National Assembly and agreement has been reached on any amendments made in it.

(3) When a bill is certified by the Speaker in accordance with the provisions of subsection (2) of this section, the Speaker shall thereupon present it to the President for his assent.

(4) When a Bill that has been duly passed, certified and presented for assent is assented to by the President in accordance with the provisions of section 117 of this Constitution, or is neither assented to nor withheld assent within 21 days of its being presented to him, it shall become law and the Speaker shall thereupon cause it to be published in the Gazette as a law.

(5) No law made by Parliament shall come into operation until it has been published in the Gazette, but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

113. Introduction of Bills

(1) Bills may be introduced:

(a) in either House of the National Assembly, by any member or committee of that House; and

(b) in the House of Representatives, by:

(i) the President;

(ii) the Vice-President; or

(iii) a Minister or Assistant Minister who is not a member of either House of the National Assembly.

(2) Except upon the recommendation of the President, which recommendation may be signified by the Vice-President or a Minister, neither House of the National Assembly shall:

(a) proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:

(i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;

(ii) for the imposition of any charge upon the revenues or other funds of Syria or the alteration of any such charge otherwise than by reduction;

(iii) for the payment, issue or withdrawal from any public fund of Syria of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or

(iv) for the composition or remission of any debt to the Government of Syria;

(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

114. Rules to be observed in the making of laws

All laws made by Parliament shall be styled "Acts of Parliament" and the words of enactment thereof shall be "Enacted by the Parliament of Syria".

115. Repealed

Repealed by the Constitution Amendment (Senate) Act, 1980.

---

116. Assent to bills

(1) When a Bill is first presented to the President for assent, he shall within 21 days either assent or withhold his assent.

(2) Where the President withholds his assent to a Bill, the Bill shall be returned to that House of the National Assembly in which it originated with a message requesting that the National Assembly will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and that House shall proceed to reconsider it accordingly.

(3) If where the President withholds his assent to a Bill the House to which the bill was returned resolves, by a vote of two-thirds of its members and within six months of the Bill being returned to and reconsidered by it, that the Bill should again be presented to the President for assent, in the form in which it was after reconsideration by that House, it shall be sent, with the President's message, to the other House.

(4) If where a Bill is sent to the other House by virtue of subsection (3), and that House also resolves, by a vote of two-thirds of its members and within six months of the Bill being returned to and reconsidered by it, that the Bill should again be presented to the President for assent, in the form in which it was after reconsideration by that House, it shall again be presented to the President for assent.

(5) When a bill is again presented to the President for assent, he shall without delay assent to the Bill.

Part VI. Summoning and Prorogation

117. Sessions of Parliament

(1) Each session of Parliament shall be held at such place within Syria and shall commence at such time as the President may appoint.

(2) There shall be a session of Parliament at least once in every year so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.

(3) Whenever a general election of the Elected Members of the House of Representatives is held a session of Parliament shall be appointed to commence within 30 days of the date of that general election.

118. Prorogation of Parliament

The President may at any time prorogue Parliament.

119. Repealed

Repealed by the Constitution Amendment (Parliament) Act, 1967.

---

120. Sittings of National Assembly

(1) The President may at any time summon a meeting of either House of the National Assembly.

(2) Subject to the provisions of this Constitution, the sittings of either House of the National Assembly in any session of Parliament after the commencement of that session shall be commenced at such times and on such days as the House shall appoint.

Part VII. Interpretation

121. Votes of two-thirds of a House

Any reference in this Constitution to the votes of two-thirds of the Senators or of the Members of the House of Representatives shall be construed as a reference to the votes of two-thirds of the Members of the relevant House excluding the person presiding and, in case of the House of Representatives, the Attorney-General, and references to to the votes of any other fraction of the Senators or of the Members of the House of Representatives shall be likewise construed.

CHAPTER VII - The Regions

Part I. Establishment of Regions

122. Establishment of District of Damascus and Regions

(1) Syria shall be divided into the District of Damascus and such Regions as may be established by Parliament.

(2) If a question arises whether any place is or is not within any Region, and such question does not appear to be determined by any Act of Parliament made in pursuance of subsection (1) of this section, or other evidence, it shall be referred to the Supreme Court, which ruling shall be conclusive on the question, and judicial notice shall be taken thereof.

(3) Subject to the provisions of this Constitution, the Regional authorities shall have and exercise authority, functions, and powers, to such extent as may be prescribed by Act of Parliament, relating to:

(a) Local Government;

(b) Agriculture, Animal Health and Forestry;

(c) Education

(d) Communications;

(e) Medical and Health services;

(f) Public Works;

(g) Town and Country Planning:

(h) Housing;

(i) Police; and

(j) such other matters as Parliament may from time to time determine.

Part II. Composition of Regional Assemblies

123. Composition of Regional Assembly

(1) There shall be a Regional Assembly for every region within Syria.

(2) The Regional Assembly shall consist of such number of Elected Members as corresponds with twice the number of wards for the time being established in accordance with section 125(1) of this Constitution, who shall be elected in accordance with the provisions of this Constitution, and subject thereto, in accordance with the provisions of any Regional Ordinance.

(3) If a person who is not a member of the Regional Assembly is elected to the office of Chairman of the Regional Assembly, that person shall, by virtue of holding that office, be a member of that Assembly in addition to the members referred to in subsection (2) of this section.

124. Qualifications and disqualifications for election to Regional Assembly.

(1) Subject to the provisions of subsection (2) of this section, any person shall be qualified to be elected as a member of a Regional Assembly if, and shall not be so qualified unless, he:

(a) is qualified to be elected as a member of the House of Representatives; and

(b) he has resided in that Region for a period of, or periods amounting in the aggregate to, not less than twelve months before the date of his nomination for election.

(2) No person who holds the office of President or who is an appointed Senator or a member of the House of Representatives shall be qualified for election as a member of a Regional Assembly.

125. Election of elected members

(1) Each Region shall, subject to the provisions of section 128 of this Constitution, be divided into wards, and each of those wards shall return one Member to the Regional Assembly.

(2) For the purpose of the election of the remaining members of the Regional Assembly, the entire region shall form a regional ward, which shall return members equal in number to the number of wards that region is divided to, elected by proportional representation, the method of determination of which shall include the application of the ratio between the total number of votes cast, and the total number of seats (whether in the regional ward or in the other ward) to be filled in the region, so that such seats are distributed among the parties in proportion to their share of the votes, from a list or lists presented by any party contesting the election in the manner prescribed by or under a Regional Ordinance.

126. Chairmen of Regional Assemblies

(1) There shall be a Chairman of each Regional Assembly who shall be elected by the Members of the Assembly from among themselves or from among persons who are not Members of the Assembly but are qualified to be elected as such.

(2) The Governor, a member of the Regional Administration, or a public officer shall not be qualified to be elected as Chairman.

(3) The Chairman shall vacate his office:

(a) if, having been elected from among the Members of the Regional Assembly, he ceases to be a Member of the Assembly otherwise than by reason of a dissolution thereof or if he is required by virtue of section 131 of this Constitution, to cease to perform his functions as a Member of the Assembly;

(b) if any circumstances arise that, if he were not Chairman, would disqualify him for election as such;

(c) when the Assembly first sits after any dissolution thereof; or

(d) if he is removed from office by a resolution of the Assembly supported by the votes of a majority of all the Members thereof.

(4) No business shall be transacted in a Regional Assembly (other than an election to the office of Chairman) at any time when the office of Chairman is vacant.

127. Deputy Chairmen of Regional Assemblies

(1) There shall be such number of Deputy Chairmen of each Regional Assembly, being not less than five nor more than twelve, as may be elected by the Members of the Assembly from among themselves.

(2) The Members of a Regional Assembly shall elect one or more persons to be Deputy Chairmen when the Assembly first sits after any dissolution thereof or after any event (other than the dissolution of the Assembly) which results in the office of Deputy Chairman ceasing to be held by any person whomsoever.

(3) A Deputy Chairman shall vacate his office—

(a) if he ceases to be a Member of the Regional Assembly, otherwise than by reason of a dissolution thereof;

(b) if any circumstances arise that, if he were not a Deputy Chairman, would disqualify him for election as such;

(c) if he is required, by virtue of section 131 of this Constitution, to cease to perform his functions as a Member of the Assembly;

(d) if he is elected as Chairman;

(e) if he is removed from office by a resolution of the Assembly supported by the votes of a Majority of all the members thereof; or

(f) when the Assembly first sits after any dissolution thereof.

128. Wards

(1) A Regional Ordinance may prescribe the number of Elected Members of the Regional Assembly and may specify the boundaries of the wards into which the Region is divided in accordance with section 125(1) of this Constitution:

Provided that:

(a) a bill for an Ordinance in pursuance of this section shall not be passed by a Regional Assembly unless on the final reading of that bill in the Regional Assembly it was supported by the votes of two-thirds of all the members thereof;

(b) the number of wards into which the Region is divided shall be the same as or a multiple of the number of constituencies into which the Region is divided under section 85 of this Constitution; and

(c) an Ordinance made in pursuance of this section shall come into effect upon the next dissolution of the Regional Assembly after it was made.

(2) This section shall not apply to the regional ward.

129. The Franchise

Every person who:

(a) is entitled to vote in elections of elected members of the House of Representatives; and

(b) is registered in any constituency in that Region as a voter for the purposes of elections of the Elected Members of the House of Representatives,

shall be entitled to vote in elections of members of a Regional Assembly in the ward in which he has his principal residence and no other person may so vote.

130. Meetings of Regional Assembly

(1) Every Regional Assembly shall meet at least once in every quarter of a calendar year.

(2) A Governor may summon a meeting of the Regional Assembly at any time.

(3) Subject to the provisions of subsections (1) and (2) of this section, the meetings of Regional Assembly shall be held at such time and at such place within the Region as the Regional Assembly may, by its rules of procedure or otherwise, determine.

131. Term of Regional Assembly and tenure of office of members

(1) Each Regional Assembly shall stand dissolved at the expiration of four years beginning with the date upon which the immediately preceding Regional Assembly stood dissolved.

(2) Whenever a Regional Assembly is dissolved a general election of the Members of the Assembly shall be held within 60 days of the date of the dissolution.

(3) The seat of an Elected Member of a Regional Assembly shall become vacant—

(a) upon the dissolution of the Assembly;

(b) if he is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

(c) if any circumstances arise that, if he were not a Member of the House, would cause him to be disqualified for election thereto.

(4) If any circumstances arise in relation to a Member of a Regional Assembly that would have, had he been a member of the House of Representatives, required him to cease to perform his functions as a Member of the House by virtue of section X of this Constitution, he shall forthwith cease to perform his functions as a Member of the Assembly, and the provisions of subsections (7), (8) and (9) of that section shall be construed accordingly.

132. Determination of questions as to membership of Regional Assembly

(1) The Supreme Court shall have jurisdiction to hear and determine any question whether:

(a) any person has been validly elected as a Member of a Regional Assembly or the seat of any such Member has become vacant;

(b) any person has been validly elected as Chairman of a Regional Assembly or, having been so elected, has vacated the office of Chairman.

(2) Parliament may make provision with respect to:

(a) the persons who may apply to the Supreme Court for the determination of any question under this section;

(b) the circumstances and manner in which the conditions upon which any such application may be made; and

(c) the powers, practice and procedure of the Supreme Court in relation to any such application.

133. Clerk of Regional Assembly

(1) There shall be a Clerk of each Regional Assembly and an Assistant Clerk of each Regional Assembly and their offices shall be offices in the public service.

(2) There shall be such other offices in the department of the Clerk of a Regional Assembly as may be prescribed by resolution of the Regional Assembly and such offices shall be offices in the public service.

Part III. General Provisions Relating to Procedure in Regional Assembly

134. Oath to be taken by Chairman and members of Regional Assembly

The Chairman of a Regional Assembly, before assuming the duties of his office, and every Member of a Regional Assembly before taking his seat therein, shall take and subscribe before the Assembly the oath of office set out as form X of the Xth Schedule.

135. Presiding in Regional Assembly

There shall preside at any sitting of a Regional Assembly:

(a) the Chairman;

(b) in the absence of the Chairman:

(i) if there is only one Deputy Chairman present in such sitting, that Deputy Chairman; or

(ii) if there is more than one Deputy Chairman present in such sitting, such one of them, if any, as the Chairman may have nominated to preside thereat, or failing the presence of any Deputy Chairman so nominated, or of multiple Deputy Chairmen so nominated, such Deputy Chairman as the Assembly may choose to preside for that sitting; or

(c) in the absence of the Chairman and the Deputy Chairmen, such Member of the Assembly as the Assembly may elect for that sitting.

136. Quorum in Regional Assembly

If objection is taken by any Member of a Regional Assembly present that there are present in the Assembly (besides the person presiding) less than one third of the Members of the Assembly and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that the number of Members present is less than one third, he shall thereupon adjourn the Assembly.

137. Voting in Regional Assembly

(1) Save as otherwise provided in this Constitution, any question proposed for decision in a Regional Assembly shall be determined by a majority of the votes of the Members of the Assembly present and voting.

(2) The Chairman of a Regional Assembly shall when presiding in the Assembly, not have an original vote, but shall have a casting vote.

(3) Any other person, including a Deputy Chairman of the Regional Assembly, shall when pre­siding in the Assembly, retain his original vote as a member and also have a casting vote.

138. Languages

(1) The business of a Regional Assembly shall be conducted in English.

(2) Where the Chairman is satisfied that a member's knowledge of English is inadequate for the purpose, or when so requested by a member, he may permit that member to address the Regional Assembly in the French or the Arabic language and every interpreter employed for the purpose of translating that member's remarks in English shall, before entering upon his duties for the first time, make and subscribe before the Chairman or the member presiding the oath of office set out as form X of the Xth Schedule.

(3) Any permission granted by the Chairman under subsection (2) may be revoked by the Chairman at any time.

139. Governor may address Regional Assembly

(1) The Governor may, at any time, attend and address the Regional Assembly of that Region.

(2) The Governor may send messages to the Regional Assembly of that Region and any such message shall be read, after it is recieved, by the Chairman of the Assembly.

140. Right of attendance of Members of the Regional Administration

(1) A member of the Regional Administration may attend and take part in the proceedings of the Regional Assembly of that Region notwithstanding that he is not a member of the Assembly.

(2) Nothing in this section shall entitle any person who is not a member of a Regional Assembly to vote in the Assembly or any of its committees.

141. Regulation of Procedure generally

(1) Subject to the provisions of this Constitution, a Regional Assembly may regulate its own procedure.

(2) A Regional Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Regional Assembly first meets after any general election) and the presence or participation of any person not entitled to be present or to participate in the proceedings of the Regional Assembly shall not invalidate those proceedings.

Part IV. Powers of Regional Assembly

142. Legislative powers

Subject to the provisions of this Constitution, a Regional Assembly shall have power to make laws for the peace, order and good government of the Region with respect to:

(a) any matter specified in subsection (3) of section 122 and, subject thereto, in any Act of Parliament enacted in pursuance of that subsection; and

(b) any matter specified in any provision of this Constitution to be determined by a Regional Ordinance.

143. Mode of exercising legislative powers

(1) The power of a Regional Assembly to make laws shall be exercised by Bills passed by that Regional Assembly and assented to by the Governor.

(2) When a Bill has been passed by a Regional Assembly, it shall, as soon as practicable, be presented to the Chairman of the Assembly, and the Chairman shall shall thereupon certify, by writing under his hand, that it has been so passed.

(3) When a bill is certified by the Chairman in accordance with the provisions of subsection (2) of this section, the Chairman shall thereupon present it to the Governor for his assent.

(4) When a Bill that has been duly passed, certified and presented for assent is assented to by the Governor in accordance with the provisions of section 146 of this Constitution, or is neither assented to nor withheld assent within 21 days of its being presented to him, it shall become law and the Chairman shall thereupon transmit it for publication in the Gazette as a law.

(5) No law made by a Regional Assembly shall come into operation until it has been published in the Gazette, but a Regional Assembly may postpone the coming into operation of any such law and may make laws with retrospective effect.

144. Introduction of Bills

Bills may be introduced in any Regional Assembly by:

(a) any member or committee of the Assembly; or

(b) the Governor;

(c) any member of the Regional Administration.

145. Rules to be observed in the making of laws

All laws made by a Regional Assembly shall be styled "Regional Ordinances" and the words of enactment thereof shall be "Enacted by the Regional Assembly of the ........................ Region".

146. Assent to bills

(1) When a Bill is first presented to the Governor for assent, he shall within 21 days either assent or withhold his assent.

(2) Where the Governor withholds his assent to a Bill, the Bill shall be returned to the Regional Assembly of that Region with a message requesting that the Regional Assembly will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and the Assembly shall proceed to reconsider it accordingly.

(3) If where the Governor withholds his assent to a Bill the Regional Assembly resolves, by a vote of two-thirds of its members and within six months of the Bill being returned to and reconsidered by it, that the Bill should again be presented to the Governor for assent, in the form in which it was after reconsideration by the Assembly, it shall again be presented to the Governor for assent.

(4) When a bill is again presented to the Governor for assent, he shall without delay assent to the Bill.

Part VI. Interpretation

147. Votes of two-thirds of a Regional Assembly

Any reference in this Constitution to the votes of two-thirds of the Members of a Regional Assembly shall be construed as a reference to the votes of two-thirds of the Members of the Regional Assembly excluding the person presiding, and references to to the votes of any other fraction of the Members of the Regional Assembly shall be likewise construed.

Part VII. The Regional Executive

148. Governors of Regions

(1) The President shall appoint a Governor for every region within Syria, and may suspend or remove from office any person so appointed.

(2) At any time when the office of Governor is vacant or when the holder of that office is unable by reason of absence or illness to exercise the functions of his office any function that, under this Constitution, falls to be exercised by the Governor may be exercised by such member of the Regional Administration as the Administration may determine.

149. Regional Administration

(1) There shall be a Regional Administration for every region within Syria.

(2) The Regional Administration shall consist of the Governor and seven other members.

(3) The Regional Administration shall be collectively responsible to the Regional Assembly for the performance of its functions.

150. Executive authority of Region vested in Regional Administration

(1) The executive authority of a Region shall be vested in the Regional Administration and may be exercised either by the whole Administration or by any member thereof duly authorized in that behalf by the Administration or, subject to any directions of the Administration or such member, by subordinate officers acting on behalf of the Administration or such member.

(2) Nothing in the foregoing provisions of this section shall prevent the Regional Assembly from conferring functions on persons or authorities other than the Regional Administration.

(3) In this Constitution, unless it is otherwise provided or required by the context, references to the functions of a Regional Administration shall be construed as references to the powers and duties of the Administration in exercise of the executive authority of the Region and to any other powers and duties conferred or imposed upon the Administration by this Constitution or any other law.

(4) Where the execution of any document by a member of the Regional Administration is expressed to be on behalf of the Administration, any question whether that member was duly authorised by the Administration to execute the document shall not be enquired into in any court.

151. Election and tenure of office of members of Regional Administration

(1) The members (other than the Governor) of a Regional Administration shall be elected by the Regional Assembly from among persons who are not Members of the Regional Assembly but are qualified to be elected as such in accordance with the provisions of Schedule X of this Constitution.

(2) A member of the Regional Administration (other than the Governor) shall vacate his office:

(a) when the Regional Assembly first meets after it has been dissolved;

(b) if any circumstances arise that, if he were not a member of the Regional Administration, would cause him to be disqualified to be elected as such; or

(c) if he is removed from office by resolution of the Regional Assembly supported by the votes of a majority of all the members thereof.

152. Summoning and procedure in Regional Administration

(1) The Regional Administration shall not be summoned except by the authority of the Governor: Provided that if the office of Governor is vacant or if the holder of that office is unable by reason of absence or illness to exercise the functions of his office and there is no other member specially authorised to summon the Administration, the Administration may be summoned by any other member.

(2) There shall preside at meetings of the Regional Administration:

(a) the Governor;

(b) in the absence of the Governor, such member of the Administration as the Governor may designate or, if no such member was so designated, as the Administration may elect.

(3) The Regional Administration may act notwithstanding any vacancy in its membership.

(4) The quorum shall be the majority of members of the Regional Administration.

153. Special Meeting of Regional Administration

The Governor, acting in his discretion, may summon a special meeting of the Regional Administration whenever he thinks fit.

154. Summoning of persons to Regional Administration

The Governor, acting in his discretion, may summon any public officer to a meeting of the Regional Administration whenever in his opinion the business before the Administration renders the presence of the officer desirable.

155. Assignment of responsibility to members of Regional Administration

(1) The Governor may by directions in writing assign to any member of the Regional Administration responsibility for dealing with any business on behalf of the Regional Administration, including responsibility for any department of the Regional Government.

(2) Nothing in this section shall empower the Governor to confer on any member of the Regional Administration authority to exercise any power or discharge any duty that is conferred or imposed by this Constitution or any other law on any person or authority other than that member or of the Regional Administration.

156. Permanent Secretaries

Where any member of a Regional Administration has been charged with responsibility for any department of the Regional Government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.

157. Secretaries to the Regional Administration

(1) There shall be a Secretary to the Regional Administration for each Region whose office shall be a public office.

(2) The Secretary to the Regional Administration shall have charge of the Regional Administration Office and shall be responsible, in accordance with such instructions as may be given to him by the Governor, for arranging the business for, and keeping the minutes of, the the Regional Administration, for conveying decisions of the the Regional Administration to the appropriate person or authority, and shall have such other functions as the Governor may from time to time direct.

CHAPTER VIII - the Judiciary

Part I. The Supreme Court

155. Jurisdiction and composition

1. "which shall be the court of final instance in Syria and shall have" substituted for "which shall have" in subsection (1) by the Constitution Amendment (Judicial Reform) Act, 1970.
2. Subsection (2) repealed and replaced by the Constitution Amendment (Judicial Reform) Act, 1970.

---

(1) There shall be for Syria a Supreme Court which shall be the court of final instance in Syria and shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other jurisdiction and powers as may be conferred on it by this Constitution or any other law.

(2) The Supreme Court consist of nine judges, on of whom shall be styled the "Chief Justice".

(3) The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(4) The Supreme Court shall sit in such places as the Chief Justice may appoint.

(5) The Supreme Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.

(6) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by subsection (5) of this section.

(7) The Chief Justice may appoint a Rules of Court Advisory Committee to assist him in reviewing and overhauling the rules made under subsection (6) and to advise on proposals to update and amend such rules.

156. Appointment of judges of Supreme Court

1. Subsection (1) repealed and replaced by the Constitution Amendment (Judicial Reform) Act, 1970.
2. Subsection (2) repealed and replaced by the Constitution Amendment (Judicial Reform) Act, 1970.
3. Subsection (5) repealed and replaced by the Constitution Amendment (Judicial Reform) Act, 1970.
4. "or if any such judge" substituted for "or if any such judge is appointed to act as Chief Justice, or" in subsection (6) by the Constitution Amendment (Judicial Reform) Act, 1970.

---

(1) The judges of the Supreme Court shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(2) The office of Chief Justice shall be held by the most senior judge of the Supreme Court ex-officio.

(3) A person shall not be qualified to be appointed as a judge of the Supreme Court unless—

(a) he holds, or has held office, as a judge of a court having unlimited jurisdiction in civil and criminal matters in Syria, in a Commonwealth country or in any country outside the Commonwealth that may be prescribed by Parliament or a court having jurisdiction in appeals from such a court; or

(b) he is qualified to practise as an advocate or attorney in such a court and has been qualified for not less than ten years to practise as an advocate or attorney in such a court;

(c) he is qualified to practise as an advocate or attorney and he has had the experience in the teaching of law in a recognised university for not less than ten years; or

(d) he is a Chief Magistrate who has held that office for not less than five years.

(4) In computing, for the purposes of subsection (3) of this section, the period during which any person has been qualified to practise as an advocate or attorney any period during which he has held judicial office after becoming so qualified shall be included.

(5) If the Chief Justice is for any reason unable to perform the functions of his office, then, until the Chief Justice has resumed those functions, those functions shall be performed by the second-most senior judge of the Supreme Court.

(6) If the office of any judge of the Supreme Court is vacant, or if any such judge is for any reason unable to perform the functions of his office, or if the President, acting after consultation with the Chief Justice, is satisfied that the state of business in the Supreme Court requires that the number of judges of the court should be temporarily increased, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a judge of the Supreme Court to act as a judge of that court:

Provided that a person may be so appointed notwithstanding that he has attained the age of 70 years or such other age as may be prescribed for the purposes of section 88 of this Constitution.

(7) Any person appointed under subsection (6) of this section to act as a judge of the Supreme Court shall, subject to the provisions of section 97(4) and (5) of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, acting in accordance with the advice of the Judicial Service Commission:

Provided that the President, acting in accordance with the advice of the Judicial Service Commission, may permit a person whose appointment to act as a judge of the Supreme Court has expired or been revoked to continue to act as such a judge for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

157. Tenure of office of judges of Supreme Court

(1) Subject to the provisions of this section, a person holding the office of a judge of the Supreme Court shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by Parliament:

Provided that the President, acting in accordance with the advice of the Judicial Service Commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

(2) A judge of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

(3) If the President considers that the question of removing a judge of the Supreme Court under this section ought to be investigated then—

(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;

(b) the tribunal shall enquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this section for inability as aforesaid or for misbehaviour.

(4) Where a tribunal appointed under subsection (3) of this section advises the President that a judge of the Supreme Court ought to be removed from office for inability as aforesaid or for misbehaviour, the President shall remove such judge from office.

(5) If the question of removing a judge of the Supreme Court from office has been referred to a tribunal under subsection (3) of this section, the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office.

158. Oaths to be taken by judges of Supreme Court

A judge of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed such oath for the due execution of his office as may be prescribed by Parliament.

Part II. Court of Appeal

159-162. Repealed

Repealed by the Constitution Amendment (Judicial Reform) Act, 1970.

---

Part III. Judicial Service Commission

163. Composition and procedure

original paragraph (b) repealed and paragraph (b) substituted therefor in subsection (1) by the Constitution Amendment (Judicial Reform) Act, 1970.

---

(1) There shall be a Judicial Service Commission for Syria which shall consist of:

(a) the Chief Justice, who shall be Chairman;

(b) the Minister for the time being responsible for Justice;

(c) the Attorney-General;

(d) the Chairman of the Public Service Commission;

(e) a member of the Law Society nominated by the Law Society; and

(f) a person of intergrity and experience, not being a legal practitioner, appointed by the President.

(2) A member nominated under paragraph (e) or appointed under paragraph (f) of subsection (1) shall hold office for a period of four years, but shall be eligible for re-nomination or re-appointment, as the case may be, for another term of office for four years:

Provided that:

(i) a member nominated under paragraph (e) may be removed from office by the rest of the members of the Commission acting together only for inability of the member to discharge the functions of his office whether arising from infirmity of mind or body or any other cause or for gross misbehaviour; or

(ii) a member appointed under paragraph (f) may be removed from office by the President only for inability of the member to discharge the functions of his office whether arising from infirmity of mind or body or any other cause or for gross misbehaviour.

(3) A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed such oath for the due execution of his office as may be prescribed by Parliament.

(4) The Judicial Service Commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this Constitution.

(5) The Commission may regulate its own procedure and, subject to that procedure, may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(6) The decisions of the Commission shall be by the vote of a majority of the members present, and in the event of an equality of votes, the Chairman shall have a casting vote.

164. Appointment, etc., of judicial officers

original paragraph (a) repealed and paragraph (a) substituted therefor in subsection (2) by the Constitution Amendment (Judicial Reform) Act, 1970.

---

(1) Power to appoint persons to hold or act in offices to which this section applies, to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President acting in accordance with the advice of the Judicial Service Commission.

(2) The offices to which this section applies are—

(a) the office of Registrar of the Court of Appeal and Supreme Court;

(b) all offices of magistrate;

(c) such other offices of President or member of any court or connected with any court as may be prescribed by or under an Act of Parliament.

(3) In this section references to a court do not include references to a court martial.

Part IV. Interpretation of the Constitution

165. Reference to Supreme Court of cases involving interpretation of Constitution

(1) Where any question as to the interpretation of this Constitution arises in any proceedings in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall, if any party to the proceedings so requests, refer the question to the Supreme Court.

(2) Where any question is referred to the Supreme Court in pursuance of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall, subject to any appeal, dispose of the case in accordance with that decision.

166. Repealed

Repealed by the Constitution Amendment (Judicial Reform) Act, 1970.

---

Part V. Judicial Committee

167. Repealed

Repealed by the Constitution Amendment (Judicial Reform) Act, 1970.

---

Part VI. Subordinate courts

168. Establishment of subordinate courts.

(1) Parliament may establish courts subordinate to the Supreme Court and courts-martial, and any such court shall, subject to the provisions of this Constitution, have such jurisdiction and powers as may be conferred on it by any law.

(2) The Supreme Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court-martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.

(3) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by subsection (2) of this section.

CHAPTER IX - The Public Service

169. Power to specify qualifications for certain offices 170. Public Service Commission 171. Appointment, etc., of public officers 172. Appeals to President 173. Powers of President in relation to certain public offices 174. Tenure of office of Attorney-General 175. Pensions laws and protection of pensions rights 176. Power of Commissions in relation to pensions, etc.

CHAPTER X - Finance

177. Consolidated Fund 178. Withdrawals from Consolidated Fund or other public funds 179. Authorization of expenditure 180. Authorization of expenditure in advance of appropriation 181. Contingencies Fund 182. Remuneration of certain officers 183. Public debt

CHAPTER X - Government Accountability

184. Auditor-General 185. Functions of Auditor-General relating to Audits 186. Functions of Auditor-General relating to Complatins by public 187. Election of Auditor-General 188. Qualification for election as Auditor-General 189. Tenure of office of Auditor-General 190. Removal of Auditor-General on Grounds of Incapacity 191. Removal of Auditor-General on Grounds of Violation of Constitution or Gross Misconduct 192. Vacancy in office of Auditor-General

CHAPTER XI - Miscellaneous

193. Resignations 194. Reappointments and concurrent appointments 195. Interpretation

SCHEDULES

SCHEDULE 1. ELECTION OF SPECIALLY ELECTED MEMBERS OF THE HOUSE OF REPRESENTATIVES (Section 81(1)(b))

1.

(1) In this Schedule:

"by-election" means an election to fill a vacancy among the Specially Elected Members occurring otherwise than upon a dissolution of the House of Representatives;

"general election" means an election to fill the vacancies among the Specially Elected Members occurring upon a dissolution of the House of Representatives;

"the Speaker" means the Speaker of the House of Representatives; and

"prescribed" means prescribed by rules made under paragraph 2 of this Schedule.

(2) At any time when the office of Speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this Schedule those functions may be exercised by the Deputy Speaker of the House of Representatives or, if there is no Deputy Speaker or the Deputy Speaker is unable by reason of absence or illness to exercise those functions, by such Member of the House of Representatives (not being the Prime Minister or a Minister or Assistant Minister) as the House may elect for that purpose.

2. Subject to the provisions of this Schedule the House of Representatives may make rules for the election of its Specially Elected Members.

3. Elections of Specially Elected Members shall be conducted by the Speaker and, subject to the provisions of this Schedule and of any rules made under paragraph 2 thereof, shall be conducted in such manner as he may direct.

4.

(1) Every Elected Member of the House (other than the Speaker) shall thereupon be entitled to nominate four candidates for election in the case of a general election and one candidate for election in the case of a by-election.

(3) A list of the candidates nominated for election by the Elected Members of the House of Representatives under the foregoing provisions of this paragraph shall be prepared, and each Elected Member of the House shall be entitled to vote:

(a) in the case of a general election, for four candidates; and

(b) in the case of a by-election, for one candidate,

on the list so constituted.

(4) The vote of every Elected Member of the House of Representatives shall be given by ballot in such a manner as not to disclose how he has voted.

(5) An Elected Member of the House of Representatives shall not cast more than one vote for any one candidate.

5.

(1) The Speaker shall cause elections of Specially Elected Members to be held:

(a) in the case of a general election, as soon as practicable after the holding of a general election of the Elected Members of the House of Representatives and before the House first meets after that general election; and

(b) in the case of a by-election, as soon as practicable after a vacancy has occurred among the Specially Elected Members.

(2) A meeting of the Elected Members of the House of Representatives that is held for the purpose of a general election shall be summoned by the Speaker.

(3) No other business than the holding of a general election may be transacted at any meeting of the Elected Members of the House of Representatives summoned under subparagraph (2) of this paragraph and such a meeting shall not be regarded as a meeting of the House for the purposes of any other provision of this Constitution.

6. When the votes have been cast, whether at a general election or at a by-election, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order.

7. In the case of a general election, and subject to the provisions of paragraph 9 of this Schedule, those persons shall be deemed to have been elected as Specially Elected Members who stand in the first and each succeeding place on the list until the number of persons to be elected as Specially Elected Members has been completed.

8. In the case of a by-election, and subject to the provisions of paragraph 10 of this Schedule, the person who stands in the first place on the list shall be deemed to have been elected.

9. Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph 7 of this Schedule exceeds the number of persons remaining to be elected as Specially Elected Members after the persons in the preceding places have been elected, none of the candidates in that place or in any succeeding place shall be deemed to have been elected and a further election shall be held to fill the vacancies still remaining among the Specially Elected Members; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Specially Elected Members was equal to the number of vacancies still remaining to be filled.

10. Where, in a by-election, two or more candidates equally receive the highest number of votes, no candidates shall be deemed to have been elected and a further by-election shall be held, in accordance with the provisions of this Schedule, at which only those candidates who received the highest number of votes in the original by-election may again stand as candidates.

SCHEDULE 2. ELECTION OF SENATORS (Section 81(1)(b))

1.

(1) As soon as may be after the dissolution of the Regional Assemby of a region the President shall give notice to the Governor of the Region that an election of Senators is required and the Governor shall require the Regional Assembly to elect Senators as soon as may be after its election.

(2) As often as there is a vacancy among the members elected to the Senate by a region the President shall give notice to the Governor of the Region that an election of a Senator is required, and the Governor shall require the Regional Assembly to elect a Senator as soon as may be.

2.

(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.

(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.

(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.

(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.

3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.

4. The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.

5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final.

FINAL PARAGRAPH

SUMMARY OF AMENDMENTS

№	Subject Matter
1	Constitution Amendment (Parliament) Act, 1967 Cosmetically Modified the Provisions relating to the Term of the House of Representatives and clarified the provisions regarding Presidential Assent.
2	Constitution Amendment (Executive Reform) Act, 1970 Provided for the holding of polls for the Presidential Election in constituencies where the parliamentary election is uncontested; before, a Presidential candidate would have automatically recieved the endorsement of the Parliamentary candidate declared elected. Created the office of Vice-President; before, a Minister designated by the Cabinet would have acted as President. Removed, and, in respect to the Ministers of Foreign Affairs, Defence, or Internal Security, reversed, the obligation for Cabinet Ministers to be MPs. Made the Ministers of Foreign Affairs, Defence, or Internal Security responsible exclusively to the President.
3	Constitution Amendment (Social Rights) Act, 1974 Added Article 27A, granting social and economic rights legal protection beyond the unenforceable Declaration of Principles.
4	Constitution Amendment (Deputy Speakers) Act, 1977 Provided for multiple Deputy Speakers of the House of Representatives; before, there was only one Deputy Speaker.
5	Constitution Amendment (Fixed Terms) Act, 1980 Provided that if the House of Representatives is dissolved, the succeeding House serves only remainder of the term of its predecessor; before, it would have served a full term on its own.
6	Constitution Amendment (Senate) Act, 1980 Equalized the Powers of the Senate with those of the House of Representatives; before, the Senate was unable to amend or propose amendments to money bills; all bills had to be proposed by the House of Representatives; if the House passed a bill in two successive sessions, and the Senate rejected that bill each time, the House was able to send the bill directly to the President without the Senate having consented to it.
7	Constitution Amendment (National Assembly Disqualifications) Act, 1983 Allowed Dual citizens to become members of Parliament.
8	Nationality (Consequential Provisions) Act, 1983 Separated the provisions relating to Syrian Nationality from the Constitution.

CERTIFICATION OF REPRINT

12 March, 1985

---

Printed with my consent in accordance with Section X of the Constitution of the Republic of Syria

Levon Ter-Petrosyan, President

This Reprint is, under Section X of the Constitution of the Republic of Syria, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the Constitution of the Republic of Syria in force as from the date specified in that reprint until superseded by the next or subsequent reprint.

---

CONSTITUTION AMENDMENT (PRESIDENTIAL ELECTIONS) ACT

27 March, 1987

---

I assent

Levon Ter-Petrosyan, President

---

An Act

to amend the Constitution so as to provide for the direct election of the President of the Republic of Syria and for matters incidental thereto and connected therewith

---

Enacted by the Parliament of Syria—

1. Short Title and Commencement

(1) This Act may be cited as the Constitution Amendment (Presidential Elections) Act, 1987.

(2) This Act shall be read and construed as one with the Syria Independence Order 1967 (hereinafter referred to as the Order) and the Constitution of Syria contained in the Schedule to the Order (hereinafter referred to as the Constitution) in so far as it makes amendments thereto.

(3) This Act shall come into operation on 1 April 1987.

2. Amendment of Section 48 of the Constitution

Section 48 of the Constitution is hereby amended by replacing the words "who shall be the Head of State" and "who shall be the Head of State and shall hold office for a term of seven years"

3. Repeal and replacement of Section 49 of the Constitution

Section 49 of the Constitution is hereby repealed and replaced by the following new section:

49. Election of President by the People

(1) The President shall be elected by the People (or, in the eases mentioned in section 50 of this Constitution, by the Electoral College) in accordance with the provisions of this Constitution and, subject thereto, the provisions of an Act of Parliament for regulating the election of a President.

(2) Every person who is entitled to vote in elections of elected members of the House of Representatives shall be entitled to vote at a Presidential Election held in accordance with the provisions of this section and no other person may so vote.

(3) An election of a President shall be held whenever one of the following events occurs, that is to say:

(a) the President's term expires;

(b) the President ceases to hold office by virtue of the provisions of section 54 of this Constitution;

(c) where there is no Vice-President or the Vice-President is unable to assume office as President, the President dies, resigns or ceases to hold office other than by virtue of the provisions of section 54 of this Constitution.

(4) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in Syria; the nomination of a presidential candidate shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by any of the following, that is to say:

(a) not less than 30000 persons registered as voters for the purpose of elections to the House of Representatives, of which there shall be at least 1000 from each Region;

(b) not less than 30 members of either house of the National Assembly, of which there shall be at least 10 Senators and 10 Representatives;

(c) a registered political party having, at the opening of nominations for the Presidential Election, at least 5 Senators or 5 Representatives.

(5) Parliament may make provision whereby the time for nominating Presidential candidates may be extended in the event of there being no qualified candidate nominated at the expiration of the time for the delivery of such nominations.

(6) Not less than ninety nor less than sixty days prior to the expiry of the President's term, or, as the case may be, within twenty-one days of the occurrence of any other event on which an election of a President is to be held, a poll shall be held for the election of a President, and in that poll, the provisions of subsection (7), or, as the case may be, subsection (8) of this section shall apply.

(7) Where only one presidential candidate is nominated, that candidate shall be presented for election by the People who may vote either for or against the candidate; and if, in such a ballot:

(a) the majority of the votes cast are in favour of the candidate, the candidate shall thereby be elected President, and the Returning Officer shall declare his election;

(b) the majority of the votes cast are not in favour of the candidate, the candidate shall not be elected President, and the Electoral College shall meet on such day (not being more than 14 days after the declaration that the candidate has not been elected) as the Speaker shall appoint, and shall elect a person to the office of President in such manner as is prescribed by section 50 of this constitution and, subject thereto, by or under an Act of Parliament.

(8) Where more than one presidential candidates are nominated, each of those candidates shall be presented for election by the People; and if, in such a ballot:

(a) an absolute majority of the votes cast are in favour of any candidate, the candidate shall thereby be elected President, and the Returning Officer shall declare his election;

(b) an absolute majority of the votes cast are not in favour of any candidate, a further ballot shall be taken within 14 days between the candidates who have received the highest number of votes in the previous ballot, and, if only one candidate has received the highest number of votes in the previous ballot, the candidates who have received the second highest number of votes in the previous ballot;

(c) an absolute majority of the votes cast are not in favour of any candidate, and, if a further ballot would have been taken under paragraph (b), all candidates in the previous ballot would have advanced thereto, the Electoral College shall meet on such day (not being more than 14 days after the declaration that the candidate has not been elected) as the Speaker shall appoint, and shall elect one of those candidates to the office of President in such manner as is prescribed by section 50 of this constitution and, subject thereto, by or under an Act of Parliament.

(9) In this section, "the returning officer" means the returning officer specified in section 58 of this Constitution.

4. Repeal and replacement of Section 50 of the Constitution

Section 50 of the Constitution is hereby repealed and replaced by the following new section:

50. Election of President by Electoral College

(1) There shall be an Electoral College for the purpose of electing, where so required under this Constitution, a candidate for the office of President.

(2) The Electoral College shall consist of the Members of the House of Representatives and of every Regional Assembly:

Provided that, whenever the House of Representatives or any regional assembly stands dissolved at the date of the election, the persons who were members of the House of Representatives or of any Regional Assembly immediately before the dissolution of that House or of that Assembly shall be deemed, for those purposes, still to be members of that House or of that Assembly.

(3) The Speaker of the House of Representatives shall be the Chairman of the Electoral College:

Provided that, whenever the House of Representatives stands dissolved, the Electoral College, before proceeding to the dispatch of any other business, shall elect a Chairman from among its members.

(4) In an election of a President by the Electoral College:

(a) the Chairman of the Electoral College shall preside at the meeting and conduct the election;

(b) in the case of a Presidential election held in accordance with section 49(5)(b) of this constitution, the names of the candidate or candidates for election shall be submitted for the approval of the Electoral College;

(c) at the election every Member of the Electoral College except the Chairman of the Electoral College and the Attorney-General shall be entitled to vote;

(d) the votes of the Members of the Electoral College who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and where no candidate has received the number of votes entitling him to be declared elected at any ballot a further ballot or ballots shall be taken until a candidate is declared elected; and

(e) the candidate who receives the votes of a majority of all the Members of the Electoral College who are entitled to vote shall be declared elected:

Provided that, if after two ballots have been taken, no candidate is declared elected, the candidate who, at any subsequent ballot, receives the highest number of votes shall be declared elected.

5. Amendment of Section 52 of the Constitution

Section 55 of the Constitution is hereby amended by repealing subsection (1) thereof and substituting the following new subsections therefor:

(1) Subject to the provisions of this section, the President shall, unless he ceases to hold office other than by virtue of the provisions of sections 53 or 54 of this Constitution, vacate his office at the expiration of a term of seven years from the date on which he was declared to have been duly elected.

(1a) Where the Vice-President assumes office as President under section 50(1) of this Constitution or a person is elected to fill a vacancy in the office of President occurring before the expiration of the term of office of his predecessor he shall hold office only for the unexpired portion of that term.

6. Amendment of Section 55 of the Constitution

Section 55 of the Constitution is hereby amended as follows:

(a) by repealing subsection (1) thereof and substituting the following new subsection therefor:

(1) Whenever the President dies, resigns or ceases to hold office other than by virtue of the provisions of section 54 of this Constitution, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.

(b) by deleting the words "subsections (1) or (1a)" where they occur in subsection (2) and substituting the words "subsection (1a)" therefor; and

(c) by repealing subsections (3), (4), (5) and (6) thereof.

7. Amendment of Section 58A of the Constitution

Section 58A of the Constitution is hereby amended as follows:

(a) by repealing subsection (1) thereof and substituting the following new subsections therefor:

(1) There shall be a Vice-President of the Republic of Syria.

(1a) Whenever an election to the office of President is held an election shall also be held to the office of Vice-President in such manner as is prescribed by the following provisions—

(a) every person nominated as a Presidential candidate shall, at the time of his nomination, declare in such manner as may be prescribed by or under an Act of Parliament the name of his Vice-Presidential candidate, and if he does not so declare, his nomination as a Presidential candidate shall be void;

(b) in a Presidential election the ballot papers shall be in such form so as to disclose both the names of the Presidential candidates and the names of the Vice-Presidential candidate of each of the Presidential candidates;

(c) the returning officer shall declare to be elected as Vice-President the Vice-Presidential candidate of the Presidential candidate who has been declared in accordance with sections 49 or 50 of this constitution.

(1b) If the office of Vice-President is vacant, the President shall appoint a person, from among persons who are qualified to be elected as President, to assume the office of Vice-President and any person so appointed may assume that office accordingly.

SCHEDULE: SUMMARY OF AMENDMENT FOR REPRINTS

Provided for the Direct Election of the President and for automatic succession of the Vice-President to the office of President; before, at every general election candidates for the House of Representatives declared whom they endorsed for President when they lodged their nomination papers and the candidate who received a majority of endorsements from the elected members of the House was automatically elected, and the President was otherwise elected by the House of Representatives, and the Vice-President would have served as a caretaker for seven days until a new President is elected.