Tharappel: “How has Syria’s political system changed over the course of the war?”

Jun 4, 2015

by Jay Tharappel

“Short Answer: In 1973 the Syrian electorate voted in favour of a constitution that institutionalised the dominance of the Baath Party. This constitution remained in effect until it was replaced by a new one, which the Syrian electorate voted for on the 26th of February, 2012.

Syria’s highest elected body is the unicameral People’s Council (Majlis al Sha’ab), which is comprised of 250 seats that are divided proportionally among its 14 governorates. The President appoints their Cabinet, which consists of ministers with different responsibilities, from among the People’s Assembly.

There were major changes to Syria’s parliamentary system

According to the old constitution the Baath party led a coalition of political parties known as the ‘National Progressive Front’ (1973: Art.8), which could legally contest elections for the People’s Council, meaning that candidates from outside these parties had to run as independents.

This front was formed in 1972 and initially featured the following secular, leftist, and nationalist parties; the Syrian Communist Party, the Arab Socialist Union, the Arab Socialist Movement, and the Organisation of Socialist Unionists.

The new constitution introduced a multi-party political system in the sense that the eligibility of political parties to participate isn’t based on the discretionary permission of the Baath party or on reservations rather on a constitutional criteria.

As such, the new constitution forbids political parties that are based on religion, sect or ethnicity, or which are inherently discriminatory towards one’s gender or race (2012: Art.8) – this means the Syrian Muslim Brotherhood is still banned.

What hasn’t changed is the constitutional requirement that half the People’s Council be comprised of ‘workers and peasants’ (1973: Art.53 | 2012: Art.60), which in practice means that the ballot paper contains two lists, one with candidates who qualify as ‘workers and peasants’, and another one with other candidates.

Assuming the ‘workers and peasants’ quota isn’t filled, the next closest candidates would be prioritised for election.

There were major changes to Syria’s presidential system.

According to the old constitution the Baath party was the “leading party in society and the state” (1973: Art.8), which in practice allowed the Baath party to propose their own Presidential candidate to run in an uncontested referendum, and if this candidate, hypothetically, failed to receive a majority of votes, the People’s Council (Syria’s unicameral parliament) would have the right to propose another candidate (1973: Art.84).

In the new constitution all references to the Baath party have been removed. To qualify as a candidate, the applicant must have the support of 35 members of the People’s Council (2012: Art.85), and must have lived in Syria for the past ten years (2012: Art.84). If hypothetically only one candidate qualifies within these rules, the Speaker of the People’s Council’s must call for these qualifying procedures to be repeated.

Many of the old Presidential powers featured in the old constitution have carried over

1. The President has the right to dissolve parliament (1973: Art.107 | 2012: Art.111).
2. The President has the right to draft laws which then need to be approved by the People’s Council (1973: Art.110 | 2012: Art.112).
3. Members of the People’s Council have the right to propose bills (1973: Art.70 | 2012: Art.74) however the President has the right to veto them, until they’re able to receive at least two-thirds of the vote in the People’s Council, in which case the President must accept it as law (1973: Art.98 | 2012: Art.100).
There appears to be some changes to the structure of the Supreme Constitutional Court (SCC), which is the highest court in Syria.

According to the old constitution, the five highest governing members of the SCC include the President, and four others who are appointed by the President(1973: Art.139).

The new constitution asserts the independence of the SCC, increases the number of governing members to seven of whom the President is one, and omits the right of the President to appoint the other members (2012: Art.141).


The Baath party no longer enjoys constitutional privilege. Presidential elections are contested between multiple candidates, and are no longer referendums seeking the electorate’s binary (yes or no) approval for the Baath party’s internally nominated candidate.

The participation of political parties is based on an objective constitutional criteria, not on the arbitrary powers of the executive to permit or exclude them.

Finally, the Supreme Constitutional Court is significantly more independent.”

16 thoughts on “Tharappel: “How has Syria’s political system changed over the course of the war?”

  1. Very useful reminder! I will carry it in my pocket in case I am called to a radio or TV talk in France. But little chance for that opportunity as our French Government and most French Media are completely inserted in the dirty mud of the manipulations operated since March 2011. They can not move out of their messy propaganda and are thus unable to support conciliation without committing their geopolitical suicide. Dont forget the clear statement of Mgr Raï when he visited in France at the early stages of the troubles: “The reforms have not been enough supported”. In fact Sarkozy ‘s MFA Juppé and then Hollande’s MFA Fabius ordered their “Ambassador cum doctor” Chevalier to not comment publicly the announced and implemented reforms.
    Shame on Juppé and Fabius, accomplices of the Likud’s, Neocons, AKP’s, Qatari and Saudi autocrats joint criminal strategies toward Syria, considered as a corridor to be subdued for Qatari gas and Turkish waters!

  2. Thanks Bernard, please be sure to email me any links to radio or tv interviews you give and I will share widely 🙂 Atrocious behaviour by France’s (and Canada’s and America’s and Turkey’s and and and….) government.

  3. […] Nova će koalicija SDF, u slučaju budućeg federalnog uređenja Sirije, pokriti američke interese u dve od tri federalne jedinice, kurdskoj i sunitskoj, dok će Rusija zadržati jak uticaj i prisustvo u preostalom alavitskom delu, iako je budućnost samog Bašara al-Asada, još uvek neizvesna. Činjenica je ipak da su SAD ublažile retoriku kada je predsednik Sirije u pitanju, a u novoj  rezoluciji 2254 Saveta bezbednosti UN-a, povodom mirovnog procesa za okončanje sukoba u Siriji, nema referenci na odlazak Assada s vlasti, što je ranije bio američki zahtev. Ukoliko ipak ne dođe do rasparčavanje Sirije, što su SAD navele kao plan B,23, sve su šanse da će Asad ipak otići sa vlasti, pošto je promena Ustava bitna stavka političkog rešenja, a takva promena bi definitivno stavila Asada u nezavidan položaj, i onemogućila mu svaku šansu za pobedom na demokratskim izborima. Sadašnji sirijski Ustav zabranjuje političke partije koje se zasnivaju na nacionalnoj, verskoj, regionalnoj ili plemenskoj osnovi (što je i razlog zašto je kurdski PYD, zbog zabrane delovanja, sve do građanskog rata rukovodio političkim aktivnostima sa teritorija iračkog Kurdistana), a ukidanjem određenih amandmana se cilja na olakšavanje političkog organizovanja, delovanja i garantovanje izbornog uspeha opozicione sunitske koalicije, kao i najveće kurdske organizacije PYD.24 […]

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