Does the constitutional declaration help Syria bypass the bottleneck? Analysts answer

Analysts agreed to consider the transitional constitutional declaration in Syria a necessary step to establish a new legitimacy and bypass the stage of the constitutional vacuum, and they saw that the notes related to some of its details are justified because of the exceptional stage the country is going through, and that what was reached is the best possible.

While some praised the separation of the authorities, others questioned the possibility of applying it in practice, in light of the concentration of powers they see in the hands of the President of the Republic, which has the right to appoint a part of the People’s Assembly and members of the Constitutional Court, according to the text of the constitutional declaration.

On Thursday, Syrian President Ahmed Al -Shara, the draft constitutional declaration, which chart the form of the ruling during the 5 -year transitional period, was signed amid a new Israeli raid on Damascus, which analysts considered a clear challenge message.

The most prominent stipulated in this draft, according to a member of the Constitutional Declaration Committee, Abdul Hamid Al -Awak, indicated 5 years defining the transitional period, and the formation of a committee to formulate a permanent constitution.

Establishing legitimacy

Dr. Meak Makki, the first researcher at the Al -Jazeera Center for Studies, believes that the constitutional declaration establishes the legitimacy of the new system, and it frames the work of the executive, legislative and judicial bodies, and clarifies the nature of the new system and its relationship to the people, adding that there is no longer anything mysterious, because the system will be held accountable later on the basis of what is in the constitutional text.

In this context, the transitional stages are complicated, and that this declaration is the best possible, pointing out that the constitutional declaration stipulated that the President of the Republic the right to declare a state of emergency, provided that it is with the approval of the National Security Council, and its extension with the approval of the People’s Assembly.

Makki considers that the materials of separation between the authorities and the failure to confine the authority in the hands of the President of the Republic are very important, and that the judiciary has become independent. As for the legislative authority, the People’s Assembly has obtained many tasks.

For his part, Dr. Hassan Bahri, a professor of constitutional law at the University of Damascus, believes that the constitutional declaration came late, but it is better than the constitutional vacuum, and that he maintained the Republican government and the form of a unified state.

He explains that the declaration took the presidential system of government, with a complete separation between the three authorities, so that the executive authority is entrusted to the President of the Republic, the legislative authority of the People’s Assembly, and the judicial authority in the courts, indicating that what some of the concentration of power sees in the hands of the president is normal in the transitional period.

Power concentration

On the other hand, Dr. Kamal Abdo, Dean of the College of Political Science at the University of North, believes that the absolute separation between the authorities does not exist, justifying the President of the Republic taking some legislative powers and that he will appoint the Minister of Justice, with the sensitive situation that Syria is going through, and that it is an exceptional stage that requires exceptional powers for the President of the Republic.

He adds that the constitutional declaration is temporary, and that the committee that will form the constitution may take years, and that it is the general circumstance in Syria that pushed towards these exceptional measures.

On the accounting and monitoring mechanisms, Dr. Hassan Bahri explains that parliament or the Constitutional Court cannot isolate the President of the Republic, and that he is not responsible before any party, but the new Supreme Constitutional Court that will be formed will take over the president if he is accused of great treason, based on a proposal from two -thirds of the People’s Assembly.

While Dr. Kamal Abdo believes that there is currently no accounting or monitoring mechanism, and that this stems from the necessities of the exceptional stage.

Israeli messages

In a related context, the constitutional declaration came at a time when an Israeli escalation inside the Syrian territories came, as the Israeli army carried out two raids in Damascus and Quneitra within hours, which observers saw “not a coincidence”, as Tel Aviv is trying to send clear political messages to the new Syrian regime.

In this, Dr. Mehqa Makki believes that Israel wanted to deliver a message, as it is able to do what it wants, and that it represents an attempt to confuse the new stage that Syria is entering, in light of fears of rearranging the political scene in a way that contradicts Israeli interests.

It indicates that Israel is aware of the fragility of the Syrian situation, and seeks to impose new facts on the ground, taking advantage of the weakness of the Syrian state.

Makki considers that this constitutional declaration is suitable for this stage, even if it is not loaded with democracy, because Syria has no protection, and therefore the current stage must be exceeded as a priority that precedes any other priority, including democracy.

As for Dr. Kamal Abdo, he believes that Syria lacks weapons and air defense, and that it is unable to deter Israel, which makes it necessary to bow its regime a little in front of the current storm until it passes.

On the international level, Makki believes that the positions will be divided between a supporter and opponents of the constitutional declaration, according to the previous positions of the regime in Syria, while Dr. Hassan Bahri indicates, in this context, that the constitutional declaration marks a new stage, which is the stage of building the state and strengthening national unity and civil peace, which is what the system is awaiting the response by the international community.