The Constitutional Forum convened by the Supreme Constitutional Court today, Monday, at the General Secretariat of the Presidency in Damascus, discussed the Court's role in overseeing the constitutionality of laws and cooperation mechanisms to achieve integration among the legislative, judicial, and executive authorities. The forum was held with the participation of several ministers, heads of public bodies, and their representatives, under the title "Towards Constitutionally Compliant Legislation: The Role of the Government and the Supreme Constitutional Court."
Supreme Constitutional Court President Dr. Issam Al-Khalif emphasized that building the new state begins with fair legislation that respects the Constitution and preserves human dignity, noting that the absence of constitutional oversight in past decades transformed the law from a tool for protecting rights into one for violating them. Dr. Al-Khalif clarified that prior oversight and requesting a constitutional opinion from the Court before approving laws are the best ways to safeguard legislation and ensure its compatibility with the constitutional declaration.
The Legal Pyramid and Fundamental Rights
Supreme Constitutional Court members Ri'an Kahilan and Ismail Al-Khalaf provided an explanation of the legal pyramid, demonstrating that the constitutional declaration sits at the apex of legal rules. They pointed out that fundamental rights such as property, private life, freedom of expression, and peaceful assembly are constitutionally protected and may only be restricted according to clear legal conditions defined in the public interest.
They noted that international conventions and treaties on human rights and freedoms to which Syria has acceded are an integral part of the Constitution, and any legislative provision contradicting them constitutes a constitutional violation. In a statement to SANA correspondent, Dr. Al-Khalif stated that all draft laws must not contradict the constitutional declaration, noting positive interaction from the attendees.
Draft Laws and the Constitutional Declaration
Dr. Al-Khalif added that there is integration among all authorities, and that the government drafts laws which must not contradict the constitutional declaration, considered the highest law within the legal pyramid. He pointed to the existence of prior oversight where the Court is requested to express its opinion through the executive authority regarding a draft law when a constitutional violation is present.
For his part, Supreme Constitutional Court member Arif Al-Shual emphasized that the Court, in its new foundational stage, seeks to ensure that the legal system to be issued by the legislative council is compatible with the Constitution. Mr. Al-Shual highlighted the Court's role in spreading constitutional and legal culture and communicating with executive state bodies responsible for issuing laws.
For her part, Supreme Constitutional Court member Ri'an Kahilan clarified that the Constitutional Forum aims to send a message to members of the executive authority and relevant bodies preparing draft laws that respecting the provisions of the constitutional declaration reduces the burden of challenging or labeling certain provisions of these laws as unconstitutional later. The Supreme Constitutional Court undertakes tasks including overseeing the constitutionality of laws and regulations, and expressing opinions on draft laws upon request by the President of the Republic.
Source: Syrian Arab News Agency (SANA)
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