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PREAMBLE OF THE CONSTITUTION A - Lebanon is a sovereign nation, free and independent, a definitive country for all its sons, with unified territory, people and institutions, and within its frontiers as defined by the present Constitution and internationally recognised. B - Lebanon is Arab in identity and through allegiance. It is a founder member and an active member of the League of Arab States whose Charter it observes, just as it is a founder member and active member of the United Nations Organisation whose Charter and Universal Declaration of Human Rights it observes. The State ensures that these principles are applied in all domains and in all fields without exception. C - Lebanon is a democratic parliamentary republic, founded on the respect of public liberties, and in particular the liberty of opinion and of conscience, as well as on social justice and equal rights and duties of all citizens, without discrimination or distinction. D - The people is the source of powers and holder of sovereignty, which it exercises through constitutional institutions. E - The regime is based on the principle of the separation of powers, of their balance and their cooperation. F - The free economic system guarantees individual initiative and private ownership. G - The balanced development of the regions, culturally, socially and economically, is one of the fundamental pillars of the unity of the State and the stability of the regime. H - The abolition of the political confessional system is an essential national aim which must be achieved by means of a step-by-step plan. I - The Lebanese territory is a unified territory for all Lebanese. Every Lebanese has the right to reside in any part of this territory and to profit from it, under the sovereignty of the law, without division of the people on the base of any allegiance whatsoever, and without dismemberment, partition or implantation. J - Any authority which contravenes the principle of coexistence is illegal. TITLE I - FUNDAMENTAL PROVISIONS CHAPTER 1 - The State and the Territory Article 1 (as modified by the Constitutional Law of9 November 1943, article 1) Lebanon is an independent State, unitarian and sovereign. Its frontiers are those which now limit it : In the North: From the mouth of Nahr EI Kebir, the line following the course of this river up to its junction with its tributary, the Ouade Khaled, at the height of Jisr EI Kamar. In the East: The top line separating the valleys of Ouade Khaled and Ouade Nahr EI Assi (Orontes) and passing through the villages of Meayssra, Harbaana, Hait, Ebbech, Faissan, at the height of the villages of Brifa and Matrebeh. This line follows the northern limit of the caza of Baalbeck, towards the Northeast and Southeast then the Eastern limits of the cazas of Baal beck, Bekaa, Hasbaya and Rashaya. In the South: The present southern limits of the cazas of Tyre and Marjeyoun. In the West: The Mediterranean Sea. Article 2 No part of the Lebanese territory may be alienated or ceded. Article 3 The limits of the administrative districts may not be modified except by law. Article 4 Greater Lebanon is a Republic. Beirut is its capital city. Article 5 (as modified by the Constitutional Law of7 December 1943, sole article) The Lebanese flag is composed of three horizontal stripes: two red ones framing a white one. The top of the white stripe is equal to double of each of the red stripes. In the centre of the white stripe there is a green cedar tree, the width of which occupies a third of the latter and which, at its top and base, touches each of the red stripes. CHAPTER 2 - The Lebanese Nationals, their Rights and their Duties Article 6 The Lebanese nationality, the way it is acquired, retained and forfeited, shall be determined by law. Article 7 All Lebanese are equal before law. They enjoy equal civil and political rights and are equally subjected to public charges and duties, without any distinction whatsoever. Article 8 Individual liberty is guaranteed and protected. No one can be arrested or detained except in accordance with the provisions of the law. No infringements and no sanctions can be established except by law. Article 9 Liberty of conscience is absolute. By rendering homage to the Almighty, the State respects all creeds and guarantees and protects their free exercise, on condition that they do not interfere with public order. It also guarantees to individuals, whatever their religious allegiance, the respect of their personal status and their religious interests. Article 10 Education is free, so long as it is not contrary to public order and good manners, and does not touch the dignity of creeds. No derogation shall affect the right of communities to have their own schools subject to the general prescriptions on public education issued by the State. Article 11(as modified by the Constitutional Law of9 November 1943, article 2) Arabic is the official national language. A law shall determine the cases where the French language is to be used. Article 12 All Lebanese citizens are equally admitted to all public functions without any other cause for preference except their merit and competence and according to the conditions set by law. A special statute shall govern civil servants according to the administration to which they belong. Article 13 Freedom of expression by word or pen, freedom of the press, freedom of holding meetings and freedom of association are equally guaranteed within the framework of the law. Article 14 The domicile is inviolable. No one can enter it except in cases provided by the law and according to the form it prescribes. Article 15 Property is under the protection of the law. No one may be deprived of his property except for public utility, in cases established by the law and in return for prior and fair compensation. TITLE II - POWERS CHAPTER 1 - General Provisions Article 16 (as modified by the Constitutional Law of 17 October 1927, article 1) Legislature lies with a single assembly: the Chamber of Deputies. Article 17 (as modified by the Constitutional Law of 17 October 1927, article 2, (and the Constitutional Law No. 18 of21 September 1990, article 1. Executive power is entrusted to the Council of Ministers who exercises it in accordance with the provisions of the present Constitution. Article 18 (as modified by the Constitutional Law of 17 October 1927, article 50, (and the Constitutional Law No. 18 of21 September 1990, article 1. The initiative for laws belongs to the Chamber of Deputies and the Council of Ministers. In order that a law may be promulgated, it must have been passed by the Chamber of Deputies. Article 19 (as modified by the Constitutional Law of 17 October 1927, article 50, (and the Constitutional Law No. 18 of21 September 1990, article 1. A Constitutional Council is to be created for the control of the constitutionality of laws and to resolve litigation and disputes arising from presidential and parliamentary elections. The right of recourse to this Council, as far as the control of the constitutionality of laws is concerned, belongs to the President of the Republic, to the President of the Chamber of Deputies, and to the President of the Council of Ministers, or to ten members of the Chamber of Deputies, as well as to the heads of the legally recognised communities exclusively in what concerns personal status, liberty of conscience, exercise of the cult, and freedom of religious education. The regulations organising the Council, the working procedure as well as the conditions for nomination and recourse relative thereto, will be established by a law. Article 20 Judicial power functioning within the framework of a statute established by law and ensuring essential guarantees to judges and disputing parties is exercised by courts of different order and degrees. The law fixes the limits and conditions of the magistrates' irremovability. Judges are independent in the exercise of their functions. The decisions and judgments of all courts are rendered and executed in the name of the Lebanese people. Article 21 Every Lebanese citizen aged 21, who meets the conditions of the electoral law, is entitled to vote. CHAPTER 2 - The Legislature Article 22 (abrogated by the Constitutional Law of 17 October 1927, article 50, (and inserted by the Constitutional Law No. 18 of21 September 1990, article 1. As from the election of the first Chamber of Deputies on a national, non-confessional basis, a senate will be created in which all religious communities will be represented and whose prerogatives will be limited to questions relative to the destiny of the Nation. Article 23 (abrogated by the Constitutional Law of 17 October 1927, article 50) Article 24 (as modified by the Constitutional Law of 21 January 1947, article 1, (and the Constitutional Law No. 18 of21 September 1990, article 1. The Chamber of Deputies is composed of elected members: their number and conditions of election are determined by the electoral laws in force. Until the Chamber of Deputies adopts an electoral law without confessional community apportionment, parliamentary seats will be allotted according to the following rules: A - Equally between Christians and Muslims. B - Proportionately between the communities ofthe two groups. C - Proportionately between the regions. As an exception and once only, will be attributed by designation of the government of national agreement, in one step and with a majority of two-thirds, the parliamentary seats vacant at the date of promulgation of the present law as well as the seats newly added to the electoral law for the application of equality between Christians and Muslims, in accordance with the document of national agreement. The electoral law will lay down the details for the implementation of the present article. Article 25 (as modified by the Constitutional Law of21 January 1947, article 1) In the event of the dissolution of the Chamber of Deputies, the deed dissolving it must contain convocation of the voters for new elections which shall be held in conformity with article 24 and within a period not exceeding three months. CHAPTER 3 - General Provisions Article 26 (as modified by the Constitutional Law of 17 October 1927, article 3) The Chamber and the Executive sit in Beirut. Article 27 (as modified by the Constitutional Law of21 January 1947, article 1) The Chamber member represents the whole Nation. No imperative mandate may be given him by his electors. Article 28 (as modified by the Constitutional Law of8 May 1929, article I) No incompatibility exists between a deputy's mandate and ministerial office. Ministers may be taken indiscriminately, either from the Chamber or from outside. Article 29 (as modified by the Constitutional Law of 17 October 1927, article 6) Cases of inaptitude for rank of deputy are determined by law. Article 30 (as modified by the Constitutional Law of21 January 1947, article 1, (and the Constitutional Law No. 18 of21 September 1990, article 1. The Chamber of Deputies is solely competent to adjudicate upon the validity of the mandate of its members. No mandate may be invalidated except by a two-thirds majority vote of the whole Assembly. The present article will be abrogated as of right on the formation of the Constitutional Council and the enforcement of the law relative thereto. Article 31 (as modified by the Constitutional Law of 17 October 1927, article 8) Any sitting of the Chamber outside the legal time of session is illegal and null as of right. Article 32 (as modified by the Constitutional Law of 17 October 1927, article 9) The Chamber convenes every year in two ordinary sessions. The first opens on the first Tuesday following the 15th March and closes at the end of the month of May. The second opens on the first Tuesday following the 15th October. Over and above any other business it is committed to budget debate and vote. It lasts until the end of the year. Article 33 (as modified by the Constitutional Law of17 October 1927, article 10, (and the Constitutional Law No. 18 of21 September 1990, article 1. The opening and winding up of the ordinary sessions take place as of right on the dates laid down in Article 32. The President of the Republic, in agreement with the Head of Government, may convene the Chamber of Deputies to emergency sessions by a decree which will determine the opening, the winding up and the agenda. The President of the Republic is bound to convene. The Chamber of Deputies to an emergency session if the absolute majority of the members composing the Assembly so requires. Article 34 (as modified by the Constitutional Law of 17 October 1927, article 11) The Chamber may not be validly constituted except with the attendance of the majority of the members legally composing it. Resolutions are adopted by majority vote. In the event of a tie, the matter under debate is rejected. Article 35 (as modified by the Constitutional Law of 17 October 1927, article 12) Debates in the Chamber are public. However, the Chamber convenes in secret committee upon the request of the Government or of five of its members. It then decides if the debate must be resumed in public on the same subject. Article 36 Voting is expressed viva voce or by sitting and standing, except in the event of an election, in which case ballot is secret. On all laws and on the matter of confidence, voting is always by nominal call and viva voce. Article 37 (as modified by the Constitutional Law of8 May 1929, article 2) The right of every deputy to question the responsibility of Ministers is absolute during the ordinary and emergency sessions. No motion of this nature may be debated and voted upon except five days at least after it has been tabled before the Chamber of Deputies and communicated to the Minister or Ministers concerned. Article 38 (as modified by the Constitutional Law of 17 October 1927, article 14) Any draft law which has been rejected by the Chamber may not be tabled once more in the course of the same session. Article 39 (as modified by the Constitutional Law of 17 October 1927, article IS) No member of the Chamber may be prosecuted for his expression of opinions or votes during the term of his mandate. Article 40 (as modified by the Constitutional Law of 17 October 1927, article 16) No member of the Chamber may, while the session is in progress, be prosecuted or arrested for breach of penal law, barring cases in flagrante delicto, except with the approval of the Chamber. Article 41 (as modified by the Constitutional Law of21 January 1947, article I) When a seat in the Chamber has become vacant, the vacancy shall be filled within a period of two months. The term of office of the new member shall run up to the expiry of the term of office of his predecessor. No steps shall be taken to fill the vacancy if the Chamber is less than six months away from the expiry of its powers. Article 42 (as modified by the Constitutional Law of21 January 1947, article 1) General elections for the renewal of the Assembly are held within the sixty days which precede the end of its term of office. Article 43 (as modified by the Constitutional Law of 17 October 1927, article 19) The Chamber drafts its own internal regulations. Article 44 (as modified by the Constitutional Law of21 January 1947, article 1, (and the Constitutional Law No. 18 of21 September 1990, article 1. At each renewal due to elections, the Chamber, meeting under the presidency of its senior member, the two youngest members acting as secretaries, elects separately, by secret ballot and on an absolute majority of votes, a President and Vice-President for the duration of the mandate of the Chamber. At the third ballot the relative majority is sufficient. In the case of an equal number of votes, the elder of the two is declared to be elected. At each renewal due to elections, and at the opening of the October session of each year, the Chamber elects by secret ballot two secretaries, in accordance with the majority mentioned in the first paragraph of the present article. The Chamber may, once only, two years after the election of its President and Vice-President, and during the first meeting which it holds, withdraw its confidence from the President or Vice¬President by a majority of two-thirds of all its members, on the basis of a petition signed by at least ten deputies. The Chamber may in this case immediately hold a meeting for an appointment to the vacant seat. Article 45 (as modified by the Constitutional Law of 17 October 1927, article 21) The members of the Chamber only vote if they attend the sitting; voting by proxy IS not admitted. Article 46 (as modified by the Constitutional Law of 17 October 1927, article 22) Only the Chamber is entitled to maintain its own order through the Speaker. Article 47 (as modified by the Constitutional Law of 17 October 1927, article 23) Any petition to the Chamber must be made out and communicated in writing. It is forbidden to hand in petitions in person or on the floor. Article 48 (as modified by the Constitutional Law of 17 October 1927, article 24) The indemnity of the members of the Chamber is determined by law. CHAPTER 4 - The Executive Firstly: The President of the Republic Article 49 (as modified by the Constitutional Law of 8 May 1929, article 3, (the Constitutional Law of21 January 1947, article 2, (and the Constitutional Law No. 18 of21 September 1990, article 1. - The President of the Republic is the Head of State and the symbol of the unity of the Nation. He watches over the respect due to the Constitution and the maintenance of the independence of Lebanon, as well as its unity and its territorial integrity, in accordance with the provisions of the Constitution. He presides over the Higher Defence Council, and he is the supreme head of the armed forces who are subject to the authority of the Council of Ministers. The President of the Republic is elected by secret ballot on a two-thirds majority of the votes by the Chamber of Deputies, at the first ballot. At subsequent ballots absolute majority is sufficient. His term of office lasts for six years, and he may only be re-elected six years after the end of his mandate. No one is eligible for the Presidency of the Republic if he does not fulfil the conditions required in order to be eligible for the Chamber of Deputies, and which do not impede this eligibility. In addition, the magistrates and civil servants of the first category, and its equivalent in all public administration, public establishments and other juridical persons of public law, are not eligible during the exercise of their function and during the two years following the date of their resignation and the effective cessation of their function, or the date of their retirement. (1) (2) (3) ------------------------------------------------------------------------------------------------------------(I) Article 1 of the Constitutional Law No. 462 of 19 October 1995 stipulates: A paragraph worded asfollows shall be added to Article 49 of the Constitution: Once only and exceptionally, the term of office of the present President of the Republic is extended for three years ending on 23 November 1998. (2) Article I of the Constitutional Law No. 687 of 13 October 1998 stipulates: A paragraph worded as follows shall be added to Article 49 of the Constitution: Once only and exceptionally, the President of the Republic may be elected from among the magistrates and civil servants of the first category. and their equivalents in all public administration, public establishments and various institutions (juridical persons) of public law. (3) Article 1 of the Constitutional Law No. 585 of 4 September 2004 stipulates: A paragraph worded as follows shall be added to Article 49 of the Constitution: Once only and exceptionally, the term of office of the present President of the Republic is extended for three years ending on 23 November 2007. ------------------------------------------------------------------------------------------------------------ Article 50 Before taking up his duties, the President of the Republic takes the oath of allegiance to the Lebanese Nation and the Constitution, before.Parliament, in the following terms: "I swear by Almighty God to observe the Constitution and the laws of the Lebanese people, to safeguard the independence of Lebanon and the integrity of its territory". Article 51 (as modified by the Constitutional Law of 17 October 1927, article 26, (and the Constitutional Law No. 18 of21 September 1990, article 1. The President of the Republic promulgates the laws during the time laid down by the Constitution, when they have been voted by the Chamber. He requests their publication, without being able to modify these laws nor to exempt anyone from their execution. Article 52 (as modified by the Constitutional Law of9 November 1943, article 3, (and the Constitutional Law No. 18 of21 September 1990, article 1. The President of the Republic negotiates and ratifies treaties, in agreement with the Head of Government. The treaties are only final after having been approved by the Council of Ministers. The Government informs the Chamber of Deputies as soon as the interest and the security of the State permit it. Treaties involving State finances, trade agreements, and in general treaties which cannot be denounced at the end of each calendar year, are only final once they have been passed by the Chamber of Deputies. Article 53 (as modified by the Constitutional Law of21 January 1947, article I, (and the Constitutional Law No. 18 of21 September 1990, article 1. 1 - The President of the Republic presides over the Council of Ministers when he so wishes, without participating in a vote. 2 - The President of the Republic appoints the designated Head of Government, in consultation with the President of the Chamber of Deputies and on the basis of imperative parliamentary consultations, the results of which the latter will officially make known to him. 3 - He alone issues the decree of nomination of the Head of Government. 4 - He issues, in agreement with the President of the Council of Ministers, the decree for the formation of the Government and the decrees accepting the resignation of Ministers, or dismissing them. 5 - He alone issues the decrees accepting the resignation of the Government or considering it as resigned. 6 - He transmits the draft laws, which are presented to him by the Council of Ministers, to the Chamber of Deputies. 7 - He accredits the ambassadors and receives their credentials. 8 - He presides over the official functions and awards the decorations of the State by decree. 9 - He may pardon by decree. But the general amnesty may only be granted by law. 10 - He addresses, in case of need, messages to the Chamber of Deputies. 11 - He submits to the Council of Ministers any urgent questions outside the agenda. 12 - He convenes the Council of Ministers to an emergency meeting each time that he deems necessary, in agreement with the Head of Government. Article 54 (as modified by the Constitutional Law No. 18 of21 September 1990, article 1) Each of the acts of the President of the Republic must be countersigned by the Head of Government or the Ministers concerned, with the exception of the decree appointing the Head of Government and the decree accepting..the resignation of the government or considering it as resigned. In the case of a decree promulgating a law, the Head of Government co-signs with him. Article 55 (as modified by the Constitutional Law of8 May 1929, article 4, (and the Constitutional Law No. 18 of21 September 1990, article 1. The President of the Republic may, in the cases mentioned in articles 65 and 77 of the present Constitution, require of the Council of Ministers the dissolution of the Chamber of Deputies before the expiry of its mandate. If the Council of Ministers decides, following this request, on the dissolution of the Chamber, the President of the Republic issues the decree of dissolution. In this case the electing bodies meet as provided in article 25 of the Constitution, and the new Chamber is convened within fifteen days following the proclamation of the election results. The Office of the Chamber continues to dispatch current affairs until the election of a new Chamber. If the elections do not take place within the period provided for in article 25 of the Constitution, the dissolution decree will be considered null and void, and the Chamber of Deputies will continue to exercise its functions in accordance with the provisions of the Constitution. Article 56 (as modified by the Constitutional Law of 17 October 1927, article 30, (and the Constitutional Law No. 18 of21 September 1990, article 1. The President of the Republic promulgates laws within the calendar month which follows the communication to the Government of the law finally passed, and he requests its publication. He must promulgate, within five days, the laws whose promulgation has been declared a matter of urgency by a special vote of the Chamber, and he must request their publication. He issues the decrees and requests their publication. He has the right to request from the Council of Ministers the revision of any decision taken by the Council, during the fifteen days which follow the date of communication of this decision to the Presidency of the Republic. If the Council of Ministers maintains the decision taken, or if the period expires without publication of the decree or its reconsideration, the decision or the decree will be considered in force as of right and must be published. Article 57 (as modified by the Constitutional Law of 17 October 1927, article 31, (and the Constitutional Law No. 18 of21 September 1990, article 1. Within the period set for promulgation, and after consultation with the Council of Ministers, the President of the Republic may request, once only, a new debate regarding a law, which may not be denied him. When the President makes use of this right, he is only bound to promulgate the law if this law has been passed by the Chamber after a second debate by an absolute majority of the members legally constituting this Assembly. Should the period elapse without promulgation or reconsideration of the law, this law will be considered in force as of right and it must be published. Article 58 (as modified by the Constitutional Law of 17 October 1927, article 32, (and the Constitutional Law No. 18 of21 September 1990, article I. The President of the Republic may render executory, by a decree taken on the favourable advice of the Council of Ministers, any draft law which the government has declared urgent by the decree of communication taken on the favourable advice of the Council of Ministers, forty days after its communication to the Chamber and after its inclusion in the agenda and its reading during a general meeting, and on which the Chamber has not adjudicated during this period. Article 59 (as modified by the Constitutional Law of 17 October 1927, article 33) The President of the Republic may adjourn the Chamber for a period not exceeding one month. He may not do so twice in the same session. Article 60 (as modified by the Constitutional Law of21 January 1947, article I) The President of the Republic is not responsible for his acts in office except in cases of breach of the Constitution or high treason. His responsibility for offences of common law is subject to ordinary laws. For such offences, as for breach of the Constitution and high treason, he may not be impeached except by the Chamber of Deputies deciding by a two-thirds majority of the members of the whole Assembly; he is tried by the Higher Court provided for in article 80. The function of public prosecutor at the Higher Court shall be performed by a magistrate appointed by the highest jurisdiction, with all the chambers meeting. Article 61 When indicted, the President of the Republic is suspended of his functions and the Presidency is vacant until the Higher Court adjudicates. Article 62 (as modified by the Constitutional Law No. 18 of21 September 1990, article 1) In case of vacancy of the Presidency of the Republic, the authority of the President of the Republic will be exercised, on an interim basis, by the Council of Ministers. Article 63 The civil list of the President of the Republic is determined by law. During the President's tenure of office it may be neither increased nor reduced. Secondly: The President of the Council of Ministers Article 64 (as modified by the Constitutional Law No. 18 of21 September 1990, article 1) The President of the Council of Ministers is the Head of Government He represents the Government and speaks in its name. He is responsible for the execution of the general policy which the Council of Ministers recommends. He exercises the following powers: 1 - He presides over the Council of Ministers, and he is as of right vice-president of the Higher Defence Council. 2 - He undertakes parliamentary consultations for the formation of the government, and he co¬signs with the President of the Republic the decree for the formation of the government. The government must present to the Chamber of Deputies its ministerial declaration for the obtaining of confidence within a period of thirty days dating from the publication of the decree of formation. The Government may not exercise its powers before obtaining the vote of confidence, nor after its resignation, nor after being considered as resigned, except in the restricted domain of the dispatch of current affairs. 3 - He makes known the general policy of the government to the Chamber of Deputies. 4 - He co-signs with the President of the Republic all decrees with the exception of the decree appointing him Head of Government and the decree accepting the resignation of the Government or considering it as resigned. 5 - He signs the decree of convocation at the opening of an emergency session and the decrees promulgating the laws and requesting their revision. 6 - He convenes the Cabinet to meetings, and he lays down the day's agenda. He informs the President of the Republic, in advance, of the questions on the agenda and the urgent questions which will be debated. 7 - He supervises the activities of the public administration and institutions. He ensures the coordination between the Ministers, and he issues general directives to ensure the good functioning of the work. 8 - He holds work meetings with the parties concerned in the State, in the presence of the relevant Minister. LCE511 Thirdly: The Council of Ministers Article 65 (as modified by the Constitutional Law No. 18 of21 September 1990, article 1) Executive power is entrusted to the Council of Ministers. The armed forces are subject to its authority, and the prerogatives which it exercises are, among others: 1 - The establishment of the general policy of the State in all domains, the establishment of draft laws and organic decrees, and the taking of the necessary decisions for their execution. 2 - The supervision of the implementation of laws and regulations, and the supervision of activities of all the organisms of the State, that is to say, the civil, military and security administration and institutions, without exception. 3 - The nomination of civil servants of the State, their dismissal, and the acceptance of their resignation, in accordance with the law. 4 - The dissolution of the Chamber of Deputies at the request of the President of the Republic if the Chamber of Deputies abstains, without the reason offorce majeure, from meeting during an ordinary session or during two consecutive emergency sessions, the duration of each one being not less than one month, and in the case where the Chamber rejects the budget as a whole with a view to counteracting the work of the government. This right may not be exercised a second time for the same reasons as those which led to the dissolution of the Chamber the first time. 5 - The Council of Ministers meets periodically at a special place, and the President of the Republic presides over these meetings when he is present. The legal quorum required for the meeting is a majority of two-thirds of its members, and the decisions are taken by mutual agreement. Where this is impossible, a vote must be taken, and the decisions are taken on the majority of those present. But for fundamental questions the approval of two-thirds of the members of the government named in the formation decree is necessary. Fundamental questions are the following: The revision of the Constitution, the declaration of the state of emergency and its abrogation, war and peace, general mobilisation, international treaties and agreements, the general budget of the State, the general plans for long-term development, the nomination of civil servants of the first category or their equivalents, the revision of administrative divisions, the dissolution of the Chamber of Deputies, the electoral law, the nationality law, the laws regarding personal status and the dismissal of Ministers. Article 66 (as modified by the Constitutional Law of 17 October 1927, article 34, (and the Constitutional Law No. 18 of21 September 1990, article 1. No one may be a Minister if he is not Lebanese, and if he does not fulfil the conditions required in order to be eligible for the Chamber of Deputies. Ministers assume the higher management of all the State services attached to their respective departments. Each, within his competence, sees to the enforcement of the laws and regulations. The Ministers are severally responsible before the Chamber of Deputies for the general policy of the Government and individually for their personal acts. Article 67 (as modified by the Constitutional Law of 17 October 1927, article 35) Ministers have free access to the Chamber and they make themselves heard whenever they please. They may enlist the help of one or several civil servants of their department. Article 68 (as modified by the Constitutional Law of 17 October 1927, article 36) When, in conformity with article 37, the Chamber declares it has no confidence in a Minister, this Minister is required to resign. Article 69 (abrogated by the Constitutional Law of8 May 1929, article 5, (and inserted by the Constitutional Law No. 18 of21 September 1990, article 1. 1 - The government is considered as resigned in the following cases: A - If the Head of Government resigns. B - If the government loses more than a third of its members as determined in the decree of formation. C - In the case of the death of the Head of Government. D - At the beginning of the mandate of the President of the Republic. E - At the beginning of the mandate of the Chamber of Deputies. F - When confidence is withdrawn from the government by the Chamber of Deputies, on the initiative of the Chamber or as the result of a request for a vote of confidence. 2 - A Minister may be dismissed by a decree signed by the President of the Republic and the Head of Government, after the approval of two-thirds of the members of the Government. 3 - When the Government resigns, or when it is considered as having resigned, the Chamber of Deputies meets as of right in an emergency session until a new government is formed and obtains its confidence. Article 70 (as modified by the Constitutional Law No. 18 of21 September 1990, article I) The Chamber of Deputies has the right to impeach the President of the Council of Ministers, and the Ministers, for high treason or for serious negligence of the duties entrusted to them. The impeachment may only be decided on a majority of two-thirds of the members of the entire Assembly. A special law shall determine the civil responsibility of the President of the Council of Ministers, and the Ministers. Article 71 (as modified by the Constitutional Law No. 18 of21 September 1990, article I) The President of the Council of Ministers or the Minister under accusation is to be judged by the Higher Court. Article 72 (as modified by the Constitutional Law No. 18 of21 September 1990, article I) The President of the Council of Ministers or the Minister relinquishes his post as soon as he has been committed for trial. Their resignation does not preclude the initiation or pursuance of proceedings against them. TITLE III A) ELECTION OF THE PRESIDENT OF THE REPUBLIC Article 73 (as modified by the Constitutional Law of 17 October 1927, article 38) At least one month and at most two months before the expiry of the powers of the President of the Republic, the Chamber convenes following a convocation by its Speaker, for the election of a new President. In default of a convocation, the meeting shall be held as of right the tenth day before the end of the President's term of office (1) ------------------------------------------------------------------------------------------------------------ (1) Article 1 of the Constitutional Law of 24 April 1976 stipulates: The text of Article 73 of the Constitution is amended asfollows: At least one month and at most six months before the expiry of the powers of the President of the Republic, the Chamber convenes following a convocation by its Speaker, for the election of a new President. In default of a convocation, the meeting shall be held as of right the tenth day before the end of the President's term of office. The period of enforcement of the present amendment shall end on 23/9/76. ------------------------------------------------------------------------------------------------------------ Article 74 (as modified by the Constitutional Law of 17 October 1927, article 39) Should the presidency become vacant through death, resignation or any other cause, the Assembly meets immediately and as of right to elect a new President. If at the time the vacancy occurs, the Chamber happens to be dissolved, the electoral bodies are summoned without delay and, as soon as the elections have been held, the Chamber meets as of right. Article 75 (as modified by the Constitutional Law of 17 October 1927, article 40) The Chamber meeting to elect the President of the Republic constitutes an electing body and not a deliberative assembly. It may only proceed, without delay or debate, on the election of the Head of the State. B) REVISION OF THE CONSTITUTION Article 76 (as modified by the Constitutional Law of 17 October 1927, article 41) The Constitution may be revised on the initiative of the President of the Republic. In this event, the government shall table before the Assembly a draft constitutional law. Article 77 (as modified by the Constitutional Law of 17 October 1927, article 42, (and the Constitutional Law No. 18 of21 September 1990, article 1. The Constitution may equally be revised on the initiative of the Chamber of Deputies. This right is exercised in the following way: The Chamber of Deputies may, during an ordinary session and on the proposal of at least ten of its members, on a majority of two-thirds of the members who compose it legally, voice the wish that the Constitution be revised. The articles and questions covered by this wish must be specifically enumerated and clarified. The President of the Chamber conveys the wish to the Government, asking it to draw up a draft constitutional law. If the government approves the wish of the Assembly by a majority of two-thirds, it must prepare the draft relative to it and table it before the Assembly within a period of four months. If the Government is not in agreement with the Assembly, it sends back the wish issued by the Assembly so that the latter may debate on it again. If the Assembly maintains its wish by a majority of three-quarters of the members legally composing it, the President of the Republic is at liberty either to acquiesce to the wish of the Assembly, or to request the Council of Ministers to dissolve the Assembly and to proceed to new elections within a period of three months. If the new Assembly insists on the necessity for revision, the Government must acquiesce to the wish of the Assembly and present the draft law within a period of four months. C) OPERATION OF THE ASSEMBLY Article 78 (as modified by the Constitutional Law of 17 October 1927, article 43) When the draft constitutional law has been tabled before it, the Chamber must engage itself in no other business but that of revision until the final vote. It may only deliberate and vote on those articles and issues which have been specifically enumerated and clarified in the project duly communicated. Article 79 (as modified by the Constitutional Law of 17 October 1927, article 44, (and the Constitutional Law No. 18 of21 September 1990, article 1. When a draft constitutional law is tabled before the Chamber of Deputies, the latter may only validly deliberate and vote when a two-thirds majority of the members legally composing it attends. The same majority is required for the vote. The President of the Republic is bound to promulgate the constitutional law in the same conditions and forms of promulgation and publication as ordinary laws. He may, in the period set for the promulgation and after consultation with the Council of Ministers, require a new deliberation. This will again proceed on a majority of two-thirds. TITLE IV - VARIOUS PROVISIONS A) THE HIGHER COURT Article 80 (as modified by the Constitutional Law of 17 October 1927, article 45, (and by the Constitutional Law No. 18 of21 September 1990, article 1. The Higher Court, whose function is to judge the Presidents and Ministers, is composed of seven deputies elected by the Chamber of Deputies and eight of the highest Lebanese magistrates, taken in hierarchical order or, at equal rank, by order of seniority, under the presidency of the top grade magistrate. The verdicts of condemnation of the Higher Court are rendered on a majority of ten votes. A special law will lay down the procedure to be followed in front of this Court. B) FINANCE Article 81 (as modified by the Constitutional Law of21 January 1947, article 1) Taxes are established for public utility. No taxes may be levied in the Lebanese Republic except in conformity with a uniform law applicable on the whole territory without exception. Article 82 No tax may be modified or suppressed except by virtue of a law. Article 83 Every year, early in the October session, the Government submits to the Chamber of Deputies, for examination and approval, the general budget of State revenue and expenditure for the following year. The budget is voted article by article. Article 84 (as modified by the Constitutional Law of 17 October 1927, article 46) In the course of the budget debate and the discussion of the draft laws providing for the opening of supplementary and emergency credits, the Chamber may not increase the credits proposed in the draft budget or in the above-mentioned projects, either through amendment or through independent proposals. But once this debate is over the Assembly may pass laws providing for new expenditures. Article 85 (as modified by the Constitutional Law of21 January 1947, article I, (and the Constitutional Law No. 18 of21 September 1990, article I. No emergency credit may be opened except by special law. However, when unforeseen circumstances render urgent expenditure necessary, the President of the Republic may, by decree taken on the basis of a decision of the Council of Ministers, open emergency or supplementary credits, and operate credit transfers in the budget, on condition that these credits do not exceed a maximum limit laid down in the budget law. These measures must be submitted to the Chamber for approval at the first following session. Article 86 (as modified by the Constitutional Law of 17 October 1927, article 48, (and the Constitutional Law No. 18 of21 September 1990, article I. If the Chamber of Deputies has not definitively dealt with the draft budget before the expiry of the session for the examination of the budget, the President of the Republic, in agreement with the Head of Government, will immediately convene the Assembly to an emergency session, expiring at the end of January, to proceed with the budget debate. If at the end of this emergency session it has not finalised the budget, the President of the Republic may by decree render the project of the budget executory in the form in which it was presented to the Chamber. The Council of Ministers will only be able to exercise this power if the draft budget was tabled before the Chamber at least fifteen days before the beginning of the session. During the aforesaid extraordinary session, the taxes, contributions, duties, fees and other revenue continue to be levied as previously. The expenditures for the month of January are engaged by the Government on the basis of the provisional twelfth of the preceding financial year increased by additional permanent credits and reduced by the permanent credits withdrawn. Article 87 (as modified by the Constitutional Law of 17 October 1927, article 49) The final account of the finance administration for the closed financial year must be submitted to the Chamber and approved before the promulgation of the budget of the second financial year following that to which the account refers. An Audit Department shall be created by special law. Article 88 No public loan and no commitment likely to burden the Treasury may be transacted except by virtue of a law. Article 89 No concession aiming at the exploitation of a natural resource of the country or a public utility service, nor any monopoly may be granted except by virtue of a law and for a limited period. TITLE V Article 90 (abrogated by the Constitutional Law of9 November 1943, article 4) Article 91 (abrogated by the Constitutional Law of9 November 1943, article 4) Article 92 (abrogated by the Constitutional Law of9 November 1943, article 4) Article 93 (abrogated by the Constitutional Law of21 January 1947, article 2) Article 94 (abrogated by the Constitutional Law of9 November 1943, article 4) TITLE VI - FINAL AND TRANSITORY PROVISIONS Article 95 (as modified by the Constitutional Law of9 November 1943, article 5, (and the Constitutional Law No. 18 of21 September 1990, article 1. The Chamber of Deputies, elected on the basis of the apportionment in equal halves between Muslims and Christians, must take adequate steps to abolish the confessional system by a step¬by-step plan and form a national committee under the presidency of the President of the Republic bringing together, with the President of the Chamber and the President of the Council of Ministers, personalities drawn from the politicians, intellectuals and leading members of society. The assignment of the Committee will consist of studying and proposing methods capable of abolishing the confessional system, to present them to the Chamber of Deputies and the Council of Ministers, and to follow the execution of the step-by-step plan. During the transitory period: A - The communities will be equally represented in the formation of the Ministry. B - The rule of community representation will be abolished, and specialisation as well as competence will constitute the criteria for public functions, the magistracy, the military and security institutions, as well as the public and mixed institutions, in conformity with the needs of national agreement, with the exception of functions of the first category and functions equivalent to the first category which will be divided equally between Christians and Muslims, without any function being reserved for one community, and taking into account the principles of specialisation and competence. Article 96 (abrogated by the Constitutional Law of21 January 1947, article 2) Article 97 (abrogated by the Constitutional Law of21 January 1947, article 2) Article 98 (abrogated by the Constitutional Law of21 January 1947, article 2) Article 99 (abrogated by the Constitutional Law of2l January 1947, article 2) Article 100 (abrogated by the Constitutional Law of21 January 1947, article 2) Article 101 As from 1st September 1926, the State of "Greater Lebanon" shall bear the name of "Lebanese Republic" without any manner of change or modification. Article 102 (as modified by the Constitutional Law of9 November 1943, article 6) |
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