Lebanon -
Constitution
Preamble
a. Lebanon is a sovereign, free, and
independent country. It is a final homeland for all its citizens.
It is unified in its territory, people, and institutions within the boundaries
defined in this constitution and recognized internationally.
b. Lebanon is Arab in its identity and in its association. It is a
founding and active member of the League of Arab States and abides by its pacts
and covenants. Lebanon is also a founding and active member of the United
Nations Organization and abides by its covenants and by the Universal Declaration
of Human Rights. The Government shall embody these principles in all
fields and areas without exception.
c. Lebanon is a parliamentary democratic republic based on respect for public
liberties, especially the freedom of opinion and belief, and respect for social
justice and equality of rights and duties among all citizens without
discrimination.
d. The people are the source of authority and sovereignty; they shall exercise
these powers through the constitutional institutions.
e. The political system is established on the principle of separation, balance,
and cooperation amongst the various branches of Government.
f. The economic system is free and ensures private initiative and the right to
private property.
g. The even development among regions on the educational, social, and economic
levels shall be a basic pillar of the unity of the state and the stability of
the system.
h. The abolition of political confessionalism is a basic national goal and
shall be achieved according to a gradual plan.
i. Lebanese territory is one for all Lebanese. Every Lebanese has the
right to live in any part of it and to enjoy the sovereignty of law wherever he
resides. There is nosegregation of the people on the basis of any type of
belonging, and no fragmentation, partition, or colonization.
j. There is no constitutional legitimacy for any authority which contradicts
the 'pact of communal coexistence'.
This Constitutional Law shall be published in the Official Gazette.
[Part] A. Fundamental Provisions
[Chapter] I. On the State and
its Territories
Article 1 [Territory]
Lebanon is an independent,
indivisible, and sovereign state. Its frontiers are those which now bound
it:
On the North: From the mouth of al-Kabir River, along a line following the
course of this river to its point of junction with Khalid Valley opposite
al-Qamar Bridge.
On the East: The summit line separating the Khalid Valley and al-Asi River
(Orontes) and passing by the villages of Mu'aysarah, Harbanah, Hayt, Ibish,
Faysan to the height of the two villages of Brina and Matraba. This line
follows the northern boundary of the Ba`albak District at the northeastern and
south eastern directions, thence the eastern boundaries of the districts of
Ba`albak, Biqa', Hasbayya, and Rashayya.
On the South: The present southern boundaries of the districts of S r (Tyre)
and Marji`yun.
On the West: The Mediterranean.
Article 2 [Territorial
Integrity]
No part of the Lebanese territory
may be alienated or ceded.
Article 3 [Administrative
Areas]
The boundaries of the administrative
areas may not be modified except by law.
Article 4 [Republic, Capital]
Greater Lebanon is a Republic the
capital of which is Beirut.
Article 5 [Flag]
The Lebanese flag is composed of
three horizontal stripes, a white stripe between two red ones. The width
of the white stripe is equal to that of both red stripes. In the center
of and occupying one third of the white stripe is a green Cedar tree with its
top touching the upper red stripe and its base touching the lower red stripe.
[Chapter] II. The Rights and
Duties of the Citizen
Article 6 [Nationality]
Lebanese nationality and the manner
in which it is acquired, retained, and lost is to be determined in accordance
with the law.
Article 7 [Equality]
All Lebanese are equal before the
law. They equally enjoy civil and political rights and equally are bound
by public obligations and duties without any distinction.
Article 8 [Personal Liberty, nulla
poena sine lege]
Individual liberty is guaranteed and
protected by law. No one may be arrested, imprisoned, or kept in custody
except according to the provisions of the law. No offense may be
established or penalty imposed except by law.
Article 9 [Conscience, Belief]
There shall be absolute freedom of
conscience. The state inrendering homage to the Most High shall respect
all religions and creeds and guarantees, under its protection, the free
exercise of all religious rites provided that public order is not
disturbed. It also guarantees that the personal status and religious
interests of the population, to whatever religious sect they belong, is
respected.
Article 10 [Education,
Confessional Schools]
Education is free insofar as it is
not contrary to public order and morals and does not interfere with the dignity
of any of the religions or creeds. There shall be no violation of the
right of eligious communities to have their own schools provided they
follow the general rules issued by the state regulating public instruction.
Article 11 [Official National
Language]
Arabic is the official national
language. A law determines the cases in which the French language may be
used.
Article 12 [Public Office]
Every Lebanese has the right to hold
public office, no preference being made except on the basis of merit and
competence, according to the conditions established by law. A special
statute guarantees the rights of state officials in the departments to which
they belong.
Article 13 [Expression, Press,
Assembly, Association]
The freedom to express one's opinion
orally or in writing, the freedom of the press, the freedom of assembly, and
the freedom of association are guaranteed within the limits established by law.
Article 14 [Home]
The citizen's place of residence is
inviolable. No one may enter it except in the circumstances and manners
prescribed by law.
Article 15 [Property]
Rights of ownership are protected by
law. No one's property may be expropriated except for reasons of public
utility in cases established by law and after fair compensation has been paid
beforehand.
[Part] B. Powers
[Chapter] I. General
Provisions
Article 16 [Legislative Power,
One Chamber]
Legislative power is vested in a
single body, the Chamber of Deputies.
Article 17 [Executive Power,
Council of Ministers]
Executive power is entrusted to the
Council of Ministers to be exercised it in accordance with the conditions laid
down in this constitution.
Article 18 [Bills]
The Parliament and the Council of
Ministers have the right to propose laws. No law shall be promulgated
until it has been adopted by the Chamber.
Article 19 [Constitutional
Council]
A Constitutional Council is
established to supervise the constitutionality of laws and to arbitrate
conflicts that arise from parliamentary and presidential elections. The
President, the President of the Parliament, the Prime Minister, along with
anyten Members of Parliament, have the right to consult this Council on matters
that relate to the constitutionality of laws. The officially recognized
heads of religious communities have the right to consult this Council only on
laws relating to personal status, the freedom of belief and religious practice,
and the freedom of religious education. The rules governing the organization,
operation, composition, and modes of appeal of the Council are decided by a
special law.
Article 20 [Judicial Power]
Judicial power is to be exercised by
the tribunals of various levels and jurisdictions. It functions within
the limits of an order established by the law and offering the necessary
guarantees to judges and litigants. The limits and conditions for the
protection of the judges are determined by law. The judges are
independent in the exercise of their duties. The decisions and judgments
of all courts are rendered and executed in the name of the Lebanese People.
Article 21 [Electoral Rights]
Every Lebanese citizen who has
completed his twenty-first year is an elector provided he fulfills the
conditions laid down in the electoral law.
[Chapter] II. The Legislative
Power
Article 22 [Senate]
With the election of the first
Parliament on a national, non-confessional basis, a Senate is established in
which all the religious communities are represented. Its authority is
limited to major national issues.
Article 23 [Eligibility to the
Senate]
{abolished 1927}
Article 24 [Electoral Laws]
(1) The Chamber of Deputies is
composed of elected members; their number and the method of their election is
determined by the electoral laws in effect. Until such time as the
Chamber enacts new electoral laws on a non-confessional basis, the distribution
of seats is according to the following principles:
a. Equal representation between Christians and Muslims.
b. Proportional representation among the confessional groups within each
religious community.
c. Proportional representation among geographic regions.
(2) Exceptionally, and for one time
only, the seats that are currently vacant, as well as the new seats that have
been established by law, are to be filled by appointment, all at once, and by a
majority of two thirds of the Government of National Unity. This is to
establish equality between Christians and Muslims as stipulated in the Document
of National Accord [The Taif Agreement]. The electoral laws will specify
the details regarding the implementation of this clause.
Article 25 [Dissolution]
Should the Chamber of Deputies be
dissolved, the Decision of dissolution must provide for the holding of new
elections in accordance with Article 24 and within a period not exceeding three
months.
Article 26 [Location of
Government and Parliament]
The Government and the Chamber of
Deputies shall be located in Beirut.
Article 27 [Representation]
A member of the Chamber represents
the whole nation. Norestriction or stipulation may be imposed upon his
mandate by his electors.
Article 28 [No
Incompatibility]
A Deputy may also occupy a
ministerial position. Ministers, all or in part, may be selected from
among the members of the Chamber or from persons outside the Chamber.
Article 29 [Incompatibility by
Law]
Cases in which persons are
disqualified from becoming Deputies are determined by law.
Article 30 [Validating
Elections]
The Deputies alone have competence
to judge the validity of their mandate. No Deputy's mandate may be
invalidated except by a majority of two thirds of the votes of the entire
membership. This clause is automatically cancelled as soon as the Constitutional
Council is established and as soon as the laws relating to it are implemented.
Article 31 [Illegal Sessions]
Meetings of the Chamber outside
those set for legal sessions are unlawful and ipso facto null and void.
Article 32 [Ordinary Sessions]
The Chamber meets each year in two
ordinary sessions. The first session opens on the first Tuesday following
15 March and continues until the end of May. The second session begins on
the first Tuesday following 15 Oct; its meetings is reserved for the discussion
of and voting on the budget before any other work. This session lasts
until the end of the year.
Article 33 [Extraordinary
Sessions]
The ordinary sessions begin and end
automatically on the dates fixed in Article 32. The President of the
Republic in consultation with the Prime Minister may summon the Chamber to
extraordinary sessions by a Decree specifying the dates of the opening and
closing of the extraordinary sessions as well as the agenda. The
President of the Republic is required to convoke the Chamber if an absolute
majority of the total membership so requests.
Article 34 [Quorum]
The Chamber is not validly
constituted unless the majority of the total membership is present.
Decisions are to be taken by a majority vote. Should the votes be equal,
the question under consideration is deemed rejected.
Article 35 [Publicity]
The meetings of the Chamber are
public. However, at the request of the Government or of five Deputies,
the Chamber may sit in secret sessions. It may then decide whether to
resume the discussion of the same question in public.
Article 36 [Voting Process]
Votes are to be cast verbally or by
the members standing, except for elections when the ballot is secret.
With respect to laws in general and on questions of confidence, the vote is
always taken by roll call and the responses are made in an audible voice.
Article 37 [Vote of
No-Confidence]
Every Deputy has the absolute right
to raise the question of no-confidence in the government during ordinary or extraordinary
sessions. Discussion of and voting on such a proposal may not take place
until at least five days aftersubmission to the secretariat of the Chamber and
its communication to the ministers concerned.
Article 38 [Reintroduction of
Bills]
No Bill that has been rejected by
the Chamber may be re-
introduced during the same session.
Article 39 [Indemnity]
No member of the Chamber may be
prosecuted because of ideas and opinions expressed during the period of his
mandate.
Article 40 [Immunity]
No member of the Chamber may, during
the sessions, be prosecuted or arrested for a criminal offense without the
permission of the Chamber, except when he is caught in the act.
Article 41 [Re-election]
Should a seat in the Chamber become
vacant, the election of a successor begins within two months. The mandate
of the new member does not exceed that of the old member whose place he is
taking; however, should the seat in the Chamber become vacant during the last
six months of its mandate, no successor may be elected.
Article 42 [General Elections]
General elections for the renewal of
the Chamber shall take place within a sixty day period preceeding the
expiration of its mandate.
Article 43 [Rules of
Procedure]
The Chamber draws up its own
internal rules and procedures.
Article 44 [First Session]
(1) Each time a new Chamber is
elected, the Chamber meets under the presidency of the oldest member and the
secretariat or the two youngest. It will then elect separately, by a
secret ballot and by an absolute majority of the votes cast, the President and
the Vice President of the Chamber to hold office for the length or the
Chamber's term. At the third ballot, a relative majority is
sufficient. Should the votes be equal, the oldest candidate is considered
elected.
(2) Every time a new Chamber or
Deputies is elected, as well as in the October session or each year, the
Chamber elects two Secretaries by secret ballot according to the majority
stipulated in the first part or this article.
(3) The Chamber may, once only, two
years after the election or its President and his Deputy, and in the first
session it holds, withdraw its confidence from the President of the Chamber or
his Deputy by a Decision of two thirds of the Chamber, based on a petition
signed by at least ten Deputies. The Chamber, at such point, must hold an
immediate session to fill the vacant post.
Article 45 [Presence]
Members of the Chamber may only vote
when they are present at the meeting. Voting by proxy shall not be
permitted.
Article 46 [Parliamentary
Order]
The Chamber has the exclusive right
to maintain order in its meetings through its President.
Article 47 [Petitions]
Petitions to the Chamber may not be
presented except in writing. They may not be presented verbally or at the
bar of the Chamber.
Article 48 [Remuneration]
The remuneration of members of the
Chamber is determined by law.
[Chapter] III. The Executive
Power
[Section] 1. The President of
the Republic
Article 49 [Presidential Powers]
(1) The President of the
Republic is the bead of the state and the symbol of the nation's unity. He
shall safeguard the constitution and Lebanon's independence, unity, and
territorial integrity. The President shall preside over the Supreme Defense
Council and be the Commander-in-Chief of the Armed Forces which fall under the
authority of the Council of Ministers.
(2) The President of the Republic
shall be elected by secret ballot and by a twothirds majority of the Chamber of
Deputies. After a first ballot, an absolute majority shall be sufficient. The
President's term is for six years. He may not be re-elected until six years
after the expiration of his last mandate. No one may be elected to the
Presidency of the Republic unless he fulfills the conditions of eligibility for
the Chamber of Deputies.
(3) It is also not possible to elect
judges, Grade One civil servants, or their equivalents in all public
institutions to the Presidency during their term or office or within two years
following the date of their resignation or their leaving office for whatever
reason.
Article 50 [Oath]
Upon assuming office, the President
of the Republic shall take an oath of fidelity before the Parliament to the
Lebanese Nation and the constitution in the following terms:
"I swear by Almighty God to observe the Constitution and the laws of
the Lebanese Nation and to maintain the independence of Lebanon and its
territorial integrity."
Article 51 [Promulgation of
Laws]
The President of the Republic
promulgates the laws after they have been approved by the Chamber in accordance
with the time limits specified by the constitution. He asks for the
publication or these laws, and he may not modify these laws or exempt anyone
from complying with their provisions.
Article 52 [Negotiation of
International Treaties]
The President of the Republic
negotiates international treaties in coordination with the Prime
Minister. These treaties are not considered ratified except after
agreement of the Council of Ministers. They are to be made known to the
Chamber whenever the national interest and security of the state permit.
However, treaties involving the finances of the state, commercial treaties, and
in general treaties that cannot be renounced every year are not considered
ratified until they have been approved by the Chamber.
Article 53 [List of Additional
Presidential Powers]
1. The President presides over the
Council of Ministers when he wishes without participating in voting.
2. The President designates the Prime Minister in consultation with the
President of the Chamber of Deputies based on parliamentary consultations which
are binding and the content of which the President formally discloses to the
Prime Minister.
3. The President alone issues the Decree which designates the Prime Minister.
4. He issues, in agreement with the Prime Minister, the decree appointing the
Cabinet and the decrees accepting the resignationof Ministers.
5. He issues, on his own authority, the decrees accepting the resignation of
the Cabinet or considering it resigned.
6. He forwards to the Chamber of Deputies Bills that are delivered to him by
the Council of Ministers.
7. He accredits ambassadors and accept the credentials of ambassadors.
8. He presides over official functions and grants official decorations by
Decree.
9. He grants particular pardons by Decree, but a general amnesty cannot be
granted except by a law.
10. He addresses, when necessary, letters to the Chamber of Deputies.
11. He may introduce, from outside the agenda, any urgent matter to the council
of Ministers.
12. He may, in agreement with the Prime Minister, call the Council of Ministers
to an extraordinary session, whenever he deems this necessary.
Article 54 [Countersignature]
The decisions of the President must
be countersigned by the Prime Minister and the Minister or Ministers concerned
except the Decree designating a new Prime Minister and the Decree accepting the
resignation of the Cabinet or considering it resigned. Decrees issuing
laws must be countersigned by the Prime Minister.
Article 55 [Dissolution of
Parliament by Decree]
(1) The President of the Republic
may, in accordance with the conditions stipulated in Articles 65 and 77 of this
constitution, ask the Council of Ministers to dissolve the Chamber of Deputies
before the expiration of its mandate. If the Council, based on this
request, decides to dissolve the Chamber of Deputies, the President issues the
Decree dissolving it, and in this case, the electoral bodies meets as provided
for in Article 25, and the new Chamber is to be called to convene within
fifteen days after the proclamation of the election.
(2) The administrative staff of the
Chamber of Deputies continues to function until the election or a new Chamber.
(3) If elections are not held within
the time limit specified in Article 25 of the constitution, the Decree
dissolving the Chamber is considered null and void, and the Chamber of Deputies
continues to exercise its powers according to the stipulations of the
constitution.
Article 56 [Promulgation Time
Limits]
(1) The President of the Republic
promulgates the laws which have been adopted within one month of their
transmission to the Government. He must promulgate laws that were
declared urgent by a special Decision of the Chamber within five days.
(2) The President issues decrees and
requests their promulgation; he has the right to ask the Council of Ministers
to review any Decision that the Chamber has taken within fifteen days of the
decision's transmission to the Presidency. If the Council of Ministers
insists on the Decision or if the time limit passes without the Decree being
issued or returned, the Decision or Decree is considered legally operative and
must be promulgated.
Article 57 [Presidential Veto]
The President of the Republic, after
consultation with the Council of Ministers, has the right to request the
reconsideration of a law once during the period prescribed for its
promulgation. This request may not be refused. When the President
exercises this right, he is not required to promulgatethis law until it has
been reconsidered and approved by an absolute majority of all the members
legally composing the Chamber. If the time limits pass without the law
being issued or returned, the law is considered legally operative and must be
promulgated.
Article 58 [Urgent Bills]
Every Bill the Council of Ministers
deems urgent and in which this urgency is indicated in the decree of
transmission to the Chamber of Deputies may be issued by the President within
forty days following its communication to the Chamber, after including it on
the agenda of a general meeting, reading it aloud before the Chamber, and after
the expiration of the time limit without the Chamber acting on it.
Article 59 [Adjourning the
Chamber]
The President of the Republic may
adjourn the Chamber for a period not exceeding one month, but he may not do so
twice during the same session.
Article 60 [Responsibility]
(1) While performing his functions,
the President of the Republic may not be held responsible except when he
violates the constitution or in the case of high treason.
(2) However, his responsibility in
respect of ordinary crimes is subject to the ordinary laws. For such
crimes, as well as for violation of the constitution and for high treason, he
may not be impeached except by a majority of two thirds of the total membership
of the Chamber of Deputies. He is to be tried by the Supreme Council
provided for in Article 80. The functions of Public Prosecutor of the
Supreme Council are performed by a judge appointed by the Supreme Council in
plenary session.
Article 61 [Suspension after
Impeachement]
Should the President of the Republic
be impeached, he is suspended from his functions. The presidency remains
vacant until the Supreme Council has settled the matter.
Article 62 [Vacancy]
Should the Presidency become vacant
for any reason whatsoever, the Council of Ministers exercises the powers of the
President by delegation.
Article 63 [Remuneration]
The remuneration of the President of
the Republic is determined by a law. It may not be increased or reduced
during his term of office.
[Section] 2. The Prime
Minister
Article 64 [Responsibility and
Powers]
The Prime Minister is the Head of
Government and its representative. He speaks in its name and is
responsible for executing the general policy that is set by the Council of
Ministers. He exercises the following powers:
1. He heads the Council of Ministers and is ex officio Deputy Head
of the Supreme Defense Council.
2. He conducts the parliamentary consultations involved in forming a
Cabinet. He signs, with the President, the Decree forming the
Cabinet. The Cabinet must present its general statement or policy to the
Chamber and gain its confidence within thirty days of the date of issuance of
the Decree in which the Cabinet was formed. The Cabinet does not exercise
its powers before it gains the Chamber's confidence nor after it has resigned
or is considered resigned, except in the narrow senseof managing affairs.
3. He presents the Government's general policy statements before the Chamber of
Deputies.
4. He signs, along with the President, all decrees, except the Decree which
designates him the head of the Government, and the Decree accepting the
Cabinet's resignation or considering it resigned.
5. He signs the Decree calling for an extraordinary parliamentary session,
decrees issuing laws, and requests for reviewing laws.
6. He calls the Council of Ministers into session and sets its agenda, and he
informs the President and the Ministers beforehand of the subjects included on
the agenda and of the urgent subjects that will be discussed.
7. He supervises the activities of the public administrations and institutions,
coordinates among the Ministers and provides general guidance to ensure the
proper progress of affairs.
8. He holds working meetings with the competent authorities in the Government
in the presence of the concerned Minister.
[Section] 3. The Council of
Ministers
Article 65 [Powers]
Executive authority is vested in the
Council of Ministers. It is the authority to which the armed forces are
subject. Among the powers that it exercises are the following:
1. It sets the general policy of the Government in all fields, prepares Bills
and organizational Decrees and makes the decisions necessary for implementing
them.
2. It watches over the execution of laws and regulations and supervises the
activities of all the Government's branches including the civil, military, and
security administrations and institutions without exception.
3. It appoints Government employees and dismisses them and accepts their
resignations according to the law.
4. It dissolves the Chamber of Deputies upon the request of the President of
the Republic if the Chamber of Deputies, for no compelling reasons, fails to
meet during one of its regular periods and fails to meet throughout two
successive extraordinary periods, each longer than one month, or if the Chamber
returns an annual budget plan with the aim or paralyzing the Government.
This right cannot be exercised a second time if it is for the same reasons
which led to the dissolution of the Chamber the first time.
5. The Council of Ministers meets in a locale specifically set aside for it,
and the President chairs its meetings when he attends. The legal quorum
for a Council meeting is a majority of two thirds of its members. It
makes its decisions by consensus. If that is not possible, it makes its
decisions by vote of the majority of attending members. Basic national
issues require the approval of two thirds of the members of the Council named
in the Decree forming the Cabinet. Basic national issues are considered
the following:
The amendment of the constitution, the declaration of a state of emergency and
its termination, war and peace, general mobilization, international agreements
and treaties, the annual government budget, comprehensive and longterm
development projects, the appointment of Grade One government employees and
their equivalents, the review of the administrative map, the dissolution of the
Chamber of Deputies, electoral laws, nationality laws, personal status laws,
and the dismissal of Ministers.
Article 66 [Ministries,
Responsibility]
Only Lebanese who satisfy the
conditions for deputization may assume ministerial posts. The Ministers
administer theGovernment's services and assume the responsibility of applying
the laws and regulations, each one according to the affairs of his
administration and what is specific to them. Ministers are collectively
responsible before the Chamber for the general policy of the Government and
individually responsible for their personal actions.
Article 67 [Ministers in
Parliament]
Ministers may attend the Chamber if
they so desire, and they have the right to be heard whenever they request to
speak. They may be assisted by whomever they select from among the
officials of their Departments.
Article 68 [Vote of
No-Confidence]
When the Chamber, in accordance with
Article 37, passes a vote of noconfidence in a Minister, that Minister is
required to resign.
Article 69 [Government
Resignation]
(1) The Government is considered
resigned in the following circumstances:
a. if the Prime Minister resigns;
b. if it loses more than a third of the members specified in the Decree forming
it;
c. if the Prime Minister dies;
d. at the beginning of the term of the President of the Republic;
e. at the beginning of the term of the Chamber of Deputies;
f. when it loses the confidence of the Chamber of Deputies based on the
Chamber's initiative or based on the Council's initiative to gain the Chamber's
confidence.
(2) Ministers are to be dismissed by
a Decree signed by the President and the Prime Minister in accordance with
Article 65 of the constitution.
(3) When the Council resigns or is
considered resigned, the Chamber of Deputies is automatically considered in
extraordinary session until a new Council has been formed and has gained the
Chamber's confidence.
Article 70 [Impeachment]
(1) The Chamber of Deputies has the
right to impeach the Prime Minister and Ministers for high treason or for
serious neglect of their duties. The Decision to impeach may not be taken
except by a majority of two thirds of the total membership of the Chamber.
(2) A special law is to be issued to
determine the conditions of the civil responsibility of the Prime Minister and
individual Ministers.
Article 71 [Judicial
Impeachment Proceedings]
The impeached Prime Minister or
Minister are tried by the Supreme Council.
Article 72 [Consequences of
Impeachment]
A Prime Minister or Minister leaves
office as soon as the Decision of impeachment concerning him is issued.
If he resigns, his resignation does not prevent judicial proceedings from being
instituted or continued against him.
[Part] C. Procedural Provisions
[Chapter] I. Election of the
President of the Republic
Article 73 [Election of the
President]
One month at least and two months at
most before the expiration of the term of office of the President of the
Republic, the Chamber is summoned by its President to elect the newPresident of
the Republic. However, should it not be summoned for this purpose, the
Chamber meets of its own accord on the tenth day preceding the expiration of
the President's term of office.
Article 74 [Vacancy of
Presidency]
Should the Presidency become vacant
through the death or resignation of the President or for any other cause, the
Chamber meets immediately and by virtue of the law to elect a successor.
If the Chamber happens to be dissolved at the time the vacancy occurs, the
electoral bodies are convened without delay and, as soon as the elections have
taken place, the Chamber meets by virtue of the law.
Article 75
The Chamber meeting to elect the
President of the Republic is considered an electoral body and not a legislative
assembly. It must proceed immediately, without discussion or any other
act, to elect the Head of the State.
[Chapter] II. Amending the
Constitution
Article 76 [Proposal]
The constitution may be revised upon
the proposal of the President of the Republic. In such a case the
Government submits a draft law to the Chamber of Deputies.
Article 77 [Request]
The constitution may also be revised
upon the request of the Chamber of Deputies. In this case the following
procedures are to be observed:
During an ordinary session and at the request of at least ten of its members,
the Chamber of Deputies may recommend, by a majority of two thirds of the total
members lawfully composing the Chamber, the revision of the constitution.
However, the articles and the questions referred to in the recommendation must
be clearly defined and specified. The President of the Chamber then
transmits the recommendation to the Government requesting it to prepare a draft
law relating thereto. If the Government approves the recommendation of
the Chamber by a majority of two thirds, it must prepare the draft amendment
and submit it to the Chamber within four months; it it does not agree, it shall
return the Decision to the Chamber for reconsideration. If the Chamber
insists upon the necessity of the amendment by a majority of three fourths of
the total members lawfully composing the Chamber, the President of the Republic
has then either to accede to the Chamber's recommendation or to ask the Council
of Ministers to dissolve the Chamber and to hold new elections within three
months. If the new Chamber insists on the necessity of amending the
constitution, the Government must yield and submit the draft amendment within
four months.
Article 78 [Priority]
When a draft law dealing with a
constitutional amendment is submitted to the Chamber, it must confine itself to
its discussion before any other work until a final vote is taken. It may
discuss and vote only on articles and questions clearly enumerated and defined
in the draft submitted to it.
Article 79 [Majority,
Promulgation]
(1) When a draft law dealing with a
constitutional amendment is submitted to the Chamber, it cannot discuss it or
vote upon it except when a majority of two thirds of the members lawfully
composing the Chamber are present. Voting is by the same majority.
(2) The President of the Republic is
required to promulgate the law of the constitutional amendment under the same
conditions and in the same form as ordinary laws. He has the right, within the
period established for the promulgation, to ask the Chamber to reconsider the
draft, after consultation with the council of Ministers, in which case the vote
is by a majority of two thirds.
[Part] D. Miscellaneous Provisions
[Chapter] I. The Supreme
Council
Article 80 [Function, Composition,
Organizational Law]
The Supreme Council, whose function
is to try Presidents and Ministers, consists of seven deputies elected by the
Chamber of Deputies and of eight of the highest Lebanese judges, according to
their rank in the judicial hierarchy, or, in case of equal ranks, in the order
of seniority. They meet under the presidency of the judge of the highest
rank. The Decisions of condemnation by the Supreme Council is rendered by
a majority of ten votes. A special law is to be issued to determine the
procedure to be followed by this Council.
[Chapter] II. Finances
Article 81 [Integral Tax Law]
No public taxes may be imposed and
no new taxes established or collected in the Lebanese Republic except by a
comprehensive law which applies to the entire Lebanese territory without
exception.
Article 82 [Rule of Law]
No tax may be modified or abolished
except by virtue of law.
Article 83 [Yearly Budget]
Each year at the beginning of the
October session, the Government has to submit to the Chamber of Deputies the
general budget estimates of state expenditures and revenues for the following
year. The budget is voted upon article by article.
Article 84 [Budget Discussion]
During the discussion of the budget
and draft laws involving the opening of supplementary or extraordinary credits,
the Chamber may not increase the credits proposed in the budget or in the draft
laws mentioned above either by way of amendment Or by means of a
proposal. The Chamber may, however, adopt, by way of proposal, laws involving
further expenditures after
the close of this discussion.
Article 85 [Extraordinary
Credit]
No extraordinary credit may be
opened except by a special law. Nevertheless, should unforseen
circumstances render urgent expenditures necessary, the President of the
Republic may issue a Decree, based on a Decision of the Council or Ministers,
to open extraordinary or supplementary credits or transfer appropriations in
the budget as long as these credits do not exceed a maximum limit specified in
the budget law. These measures are to be submitted to the Chamber for
approval at the first ensuing session.
Article 86 [Provisional
Budget]
If the Chamber of Deputies has not
given a final decision on the budget estimates before the expiration of the
session devoted to the examination of the budget, the President of the
Republic, in coordination with the Prime Minister, immediately convenes the
Chamber for an extraordinary session which lasts until the end of January in
order to continue the discussion of the budget; if,at the end of this
extraordinary session, the budget estimates have not been finally settled, the
Council of Ministers may take a decision on the basis of which a decree is
issued by the President giving effect to the above estimates in the form in
which they were submitted to the Chamber. However, the Council of
Ministers may not exercise this right unless the budget estimates were
submitted to the Chamber at least fifteen days before the commencement of its
session. Nevertheless, during the said extraordinary session, taxes,
charges, duties, imposts, and other kinds of revenues continue to be collected
as before. The budget of the previous year is adopted as a basis.
To this must be added the permanent credits which have been dropped, and the
Government fixes the expenditures for the month of January on the basis of the
'provisional twelfth.'
Article 87 [Final Financial
Accounts, Auditing Bureau]
The final financial accounts of the
administration for each year must be submitted to the Chamber for approval
before the promulgation of the budget of the year following. A special
law is to be issued for the setting up of an Auditing Bureau.
Article 88 [Public Loan]
No public loan or undertaking
involving an expenditure from the treasury funds may be contracted except by
virtue of a law.
Article 89 [Contracts,
Concessions, Resources, Monpolies]
No contract or concession for the exploitation
of the natural resources of the country, or a public utility service, or a
monopoly may be granted except by virtue of a law and for a limited period.
[Part] E. Provisions Relating to the
Mandatory Power and the Leage of Nations
Article 90 [...]
{Abolished in 1943}
Article 91 [...]
{Abolished in 1943}
Article 92 [...]
{Abolished in 1943}
Article 93 [...]
{Abolished in 1947}
Article 94 [...]
{Abolished in 1943}
[Part] F. On the Abolition of
Political Confessionalism
Article 95 [National Committee]
(1) The first Chamber or Deputies
which is elected on the basis of equality between Muslims and Christians takes
the appropriate measures to realize the abolition of political confessionalism
according to a transitional plan. A National Committee is to be formed,
headed by the President of the Republic, including, in addition to the
President of the Chamber of Deputies and the Prime Minister, leading political,
intellectual, and social figures.
(2) The tasks of this Committee are
to study and propose the means to ensure the abolition of confessionalism,
propose them to the Chamber of Deputies and the Ministers, and supervise the
execution of the transitional plan.
(3) During the transitional phase:
a. The confessional groups are to be represented in a just and equitable
fashion in the formation of the Cabinet.
b. The principle of confessional representation in public servicejobs, in the
judiciary, in the military and security institutions, and in public and mixed
agencies are to be cancelled in accordance with the requirements of national
reconciliation; they shall be replaced by the principle of expertise and
competence. However, Grade One posts and their equivalents are exempt
from this rule, and the posts must be distributed equally between Christians
and Muslims without reserving any particular job for any confessional group but
rather applying the principles of expertise and competence.
[Part] G. Provisions Relating to the
Election and Functions of the Senate
Article 96 [...]
{Abolished in 1947}
Article 97 [...]
{Abolished in 1947}
Article 98 [...]
{Abolished in 1947}
Article 99 [...]
{Abolished in 1947}
Article 100 [...]
{Abolished in 1947}
[Part] H. Additional Provisions
Article 101 [Greater Lebanon,
The Lebanese Republic]
Beginning 1 Sep 1929, the state of
'Greater Lebanon' is to be known as 'The Lebanese Republic' without any other
change or modification.
Article 102 [Abrogation of Old
Laws]
All legislative provisions contrary
to the present constitution are abrogated.