Title IV. The Supreme Constitutional Court
Article 140
The Supreme Constitutional Court is an independent judicial body based in Damascus.
Article 141
The Supreme Constitutional Court consists of at least seven members, one of them shall be named president in a decree passed by the President of the Republic.
Article 142
An individual cannot be a member of the Supreme Constitutional Court and a minister or a member of the People’s Assembly at the same time. The law states the other jobs that cannot be done by a member of the Court.
Article 143
The duration of membership of the Supreme Constitutional Court shall be four years renewable.
Article 144
Members of the Supreme Constitutional Court cannot be dismissed from its membership except in accordance with the law.
Article 145
President and members of the Supreme Constitutional Court shall be sworn in before the President of the Republic in the presence of the Speaker of the People’s Assembly before they assume their duties. They repeat the following oath: “I swear by the Great Almighty to respect the Constitution and the laws of the country and to carry out my responsibilities with integrity and impartiality”.
Article 146
The mandate of the Supreme Constitutional Court is as follows:
- Control over the constitutionality of the laws, legislative decrees, bylaws and regulations;
- Expressing opinion, upon the request of the President of the Republic, on the constitutionality of the draft laws and legislative decrees and the legality of draft decrees;
- Supervising the election of the President of the Republic and organizing the relevant procedures;
- Considering the challenges made to the soundness of the measures of electing the President of the Republic and members of the People’s Assembly and ruling on these challenges;
- Trying the President of the Republic in the case of high treason;
- The law states its other authorities.
Article 147
The Supreme Constitutional Court is charged with control over the constitutionality of the laws as follows:
- Consider the unconstitutionality of the law and decide according to the following:
- If the President of the Republic or a fifth of the members of the People’s Assembly object to a law before it is passed, on the grounds of its unconstitutionality, it shall be suspended until the Court rules on it within 15 days of the date of lodging the objection at the Court. If the law is urgently needed, the Court shall rule on it within 7 days;
- If a fifth of the members of the People’s Assembly object to a legislative decree, on the grounds of its unconstitutionality within 15 days of it is being presented to the Assembly, the Court shall rule on it within 15 days of lodging the objection at the Court;
- If the Court ruled that the law, the legislative decree or the bylaw was unconstitutional, the items found to be unconstitutional shall be annulled with retroactive effect and all their consequences shall be removed.
- Considering the claim of the unconstitutionality of a law or a legislative decree and ruling on it takes place as follows:
- If an opponent making a challenge claimed the unconstitutionality of a legal text applied by the court whose ruling is being challenged, and if the court considering the challenge found that the claim was serious and should be ruled on, it halts the proceedings of the case and refers it to the Supreme Constitutional Court;
- The Supreme Constitutional Court shall rule on the claim within 30 days of being entered in its register.
Article 148
The Supreme Constitutional Court shall not consider the constitutionality of the laws put by the President of the Republic to a referendum and obtained the approval of the people.
Article 149
The law regulates the principles of considering and ruling on the issues under the mandate of the Supreme Constitutional Court. The law states the number of its staff and the conditions which need to be met by its members. It also states their immunity, responsibilities, salaries and privileges.
