Why does Syria need new constitution — and what should it look like? Part 1

As Syria prepares for the first session of its parliament during the transitional period, debate has once again intensified over the need for a new Syrian constitution. The discussion comes after decades of political upheaval and a succession of constitutions that often reflected struggles over identity and power more than they embodied broad national consensus.

Constitutional debates in Syria date back to the formation of the modern state following the collapse of the Ottoman Empire. The country has rarely enjoyed prolonged constitutional stability, instead experiencing a succession of temporary and permanent constitutions shaped by political transformations, coups, and disputes over the state's identity and political system.

Multiple Constitutions Since the State’s Founding

Syria’s first modern constitution can be traced back to 1920, during the era of the Arab Kingdom of Syria under King Faisal.

The 1920 Constitution of the Arab Kingdom of Syria

The 1920 Constitution demonstrates that the emerging Syrian state adopted the principle of general citizenship without explicitly distinguishing among ethnic or religious communities. Article 10 stated that: “The title ‘Syrian’ shall apply to every individual belonging to the Arab Kingdom of Syria,” reflecting an effort to create a unifying political identity encompassing all inhabitants of the new state.

The constitution also affirmed the principle of legal equality among citizens. Article 11 declared that: “Syrians are equal before the law in rights and duties,” a provision considered progressive at the time in promoting the concept of civic citizenship. However, the constitution did not provide specific recognition or independent political and cultural rights for ethnic groups such as the Kurds, Syriacs, or Assyrians.

In the religious sphere, the constitution guaranteed freedom of belief and worship. Article 14 stipulated that: “Freedom of beliefs and religions shall not be infringed, nor shall the religious ceremonies of any community be prohibited.” This provided legal protection for various religious groups, including Christians, Druze, and Alawites, within a framework of religious equality and freedom of worship.

Despite these guarantees, the constitution also reflected elements of both national and religious identity. It defined the state as the Arab Kingdom of Syria, designated Arabic as the official language, and required that the king be Muslim.

Because the 1920 Constitution sought to integrate the country’s diverse communities within a unified Syrian national identity, while offering no explicit constitutional recognition of ethnic pluralism or collective rights for non-Arab communities, it left unresolved one of the key issues that would continue to shape constitutional debates in Syria for decades to come.

The constitution did not remain in force for long due to the French Mandate. It was followed by the 1928 Constitution during the mandate period, which remained partially suspended and was never fully implemented because of intervention by the French authorities.

The French Mandate Constitution of 1928

The draft constitution of 1928, which later evolved into the 1930 Constitution during the French Mandate period, maintained an approach based on the concept of a unified Syrian citizenship. It made no reference to ethnic or national communities such as the Kurds, Syriacs, or Assyrians as groups entitled to specific constitutional rights.

Article 6 stipulated that: “Syrians are equal before the law and enjoy equal civil and political rights.”

On the religious front, Article 12 declared that: “Freedom of belief is absolute, and the state respects all religions and sects and guarantees the freedom to perform all religious rites.” This provision provided legal recognition of the country’s religious diversity, encompassing Muslim, Christian, Druze, Alawite, and other religious communities present in Syria at the time.

Article 13 further stated that the state “respects the personal status laws and religious interests of the various communities,” a provision regarded as a form of recognition of religious pluralism and the distinct religious institutions of Syria’s communities, while preserving the unity of the state and its political institutions.

The 1928–1930 Constitution sought to strike a balance between the emerging Syrian national identity and the country’s religious diversity. However, it did not provide constitutional recognition of ethnic or linguistic pluralism. All communities continued to be treated within the framework of equal individual citizenship, without granting collective rights or any special constitutional status to non-Arab national groups.

The Post-Independence Constitution of 1950

Following independence, Syria adopted the 1950 Constitution, widely regarded as one of the most democratic constitutions in the country’s history. It established political pluralism, the separation of powers, and officially designated the country as the Syrian Republic.

The constitution directly affirmed the principle of popular sovereignty. Article 2 stated that: “Sovereignty belongs to the people,” marking a significant shift from systems that concentrated power in the hands of a ruler or military institution.

It also entrenched the separation of powers, granting parliament broad legislative and oversight authority over the executive branch. The government was made accountable to the Chamber of Deputies, strengthening the role of elected institutions in public governance.

On rights and freedoms, Article 14 stipulated that: “Syrians are equal before the law in rights and duties.” Article 15 guaranteed personal liberty, stating that no individual could be arrested or detained except in accordance with the law—one of the fundamental safeguards of modern democratic systems.

To protect public freedoms, Article 16 safeguarded the inviolability of homes, prohibiting entry or searches except in cases specified by law. Article 17 guaranteed freedom of belief and religious practice, while Article 18 protected freedom of expression, including freedom of opinion, the press, and publication within the limits prescribed by law.

One of the clearest indicators of the constitution’s democratic character was its recognition of the right of Syrians to assemble and to establish peaceful associations and political parties. This enabled the emergence of a pluralistic parliamentary and party system that included nationalist, liberal, leftist, and Islamist forces competing through parliamentary elections.

Historians and constitutional scholars argue that the significance of the 1950 Constitution lies not only in its provisions but also in its attempt to establish a parliamentary system based on a balance of powers and the protection of civil and political rights.

This constitution, however, was short-lived due to the successive military coups of the 1950s and 1960s. A series of provisional constitutions followed in 1953, 1961, and 1964, reflecting the country’s persistent political instability.

The 1973 Constitution Under Hafez al-Assad

The next major constitutional milestone came with the 1973 Constitution under Hafez al-Assad, which significantly reinforced the centralization of power and granted the Arab Socialist Ba'ath Party a pivotal role in leading both the state and society.

This was embodied in the well-known Article 8, which stipulated that: “The Arab Socialist Ba'ath Party is the leading party in society and the state.” The article further stated that the party would lead the Progressive National Front, a coalition of parties participating in political life. Critics and constitutional scholars have argued that this provision provided the constitutional foundation for the concentration of power and the restriction of political competition throughout the following decades.

The constitution also greatly expanded the powers of the president, granting extensive executive and legislative authority. These powers included appointing and dismissing the prime minister and ministers, serving as commander-in-chief of the armed forces, and declaring a state of emergency in accordance with the legal framework then in force. As a result, a substantial share of state authority became concentrated in the presidency.

Although Article 25 affirmed the principle of equality among citizens, Article 1 defined Syria as a “Democratic, Popular, Socialist Arab Republic,” while Article 21 stated that the educational system should aim at “creating an Arab nationalist socialist generation.” In substance, these provisions institutionalized the state's official Arab identity without acknowledging the country's ethnic and cultural diversity. The constitution also reinforced the role of religion by requiring that the president be Muslim.

The combination of Article 8 and the extensive powers vested in the presidency weakened competitive political life and confined public activity to the framework established by the ruling party and the Progressive National Front. Consequently, the 1973 Constitution became one of the Syrian constitutions most closely associated with the concepts of the dominant party and the highly centralized state.

The 2012 Constitutional Amendment Under Bashar al-Assad

The constitution was later amended in 2012 during the presidency of Bashar al-Assad. Although Article 8, which enshrined the leading role of the Ba'ath Party, was formally abolished, the 2012 Constitution faced widespread criticism.

Many researchers argued that the reforms were largely cosmetic, as the constitution preserved a strong concentration of executive power and continued to grant the president extensive authority, including the power to appoint and dismiss the government, command the armed forces, and declare a state of emergency within the constitutional framework.

Article 1 continued to define Syria as a “Democratic Arab Republic,” thereby maintaining a singular state identity without substantively addressing the issue of ethnic and cultural pluralism.

The constitution also stipulated that “the religion of the President of the Republic is Islam, and Islamic jurisprudence is a principal source of legislation.” This made religious affiliation a constitutional requirement for holding the presidency rather than merely a symbolic description. In practical terms, it meant that a non-Muslim could neither constitutionally run for nor assume the office of President of the Republic.

The Challenge of Ethnic and Religious Diversity

A review of Syria’s successive constitutions reveals a persistent lack of clear constitutional treatment of the country’s ethnic and religious diversity. Although these constitutions generally affirmed the principle of equality among citizens, they did not establish constitutional mechanisms to ensure the representation of Syria’s diverse communities, including Kurds, Arabs, Syriacs, and Assyrians, as well as the country’s religious diversity among Muslims, Christians, Druze, Alawites, and others.

The constitutions also failed to address language and culture through a pluralistic framework. Instead, the state's official identity remained tied to a centralized cultural and linguistic model, without explicit constitutional recognition of Syria’s multilingual character.

Centralization Versus Decentralization

One of the most significant constitutional issues throughout Syria’s modern history has been the relationship between the center and the periphery. Successive constitutions, particularly since 1973, entrenched a model of a strong centralized state, while demands for administrative or political decentralization remained largely absent from constitutional texts.

This model contributed to a widening gap between the state and local communities, particularly in regions with distinct ethnic or geographic characteristics. The issue became especially evident during the years of conflict, when various forms of local administration emerged across northern and northeastern Syria.

The Impact of War on the Constitutional Structure

The conflict that began in 2011 led to the practical collapse of centralized state authority in many parts of the country and the emergence of multiple governing authorities. This reality intensified debates over the need to redefine Syria’s constitutional framework in a way that would rebuild the state on new foundations capable of accommodating the social and political transformations of the past decade.

The war also exposed the limitations of the existing constitutional system in managing diversity and conflict, as it proved unable to prevent political fragmentation or effectively accommodate competing centers of power.

The 2025 Constitutional Declaration

The Constitutional Declaration issued in 2025 establishes a framework centered on state unity and centralized political authority while adopting the principle of general citizenship as the basis for rights. However, it does not provide detailed constitutional arrangements for ethnic, cultural, or national communities.

Article 1 states that: “The Syrian Arab Republic is a unified state that does not accept division.” This provision establishes a strict concept of state unity without referring to any form of political or administrative decentralization.

Reinforcing the concept of general citizenship, Article 4 stipulates that: “Citizenship is the basis of rights and duties without discrimination on the grounds of race, religion, or language.” While this provision guarantees legal equality among citizens, it does not provide any specific constitutional recognition of communities or their collective rights.

With regard to governance, Article 20 grants broad powers to the President of the Republic during the transitional period, reflecting a concentration of executive authority in the presidency. Meanwhile, Article 22 provides for the formation of a temporary legislative council through mechanisms largely based on appointment or executive oversight, limiting the independence of legislative representation and reinforcing the centralized nature of the system.

Article 8 merely states that: “The state shall protect cultural diversity within the framework of national unity,” without establishing political or administrative mechanisms to ensure the representation of that diversity within state institutions or recognizing communities as political or national entities within the state.

Why a New Constitution Today?

The history of Syria’s constitutions suggests that the core problem has not been constitutional texts alone, but also the absence of political stability and a broad national consensus regarding the nature of the state. For this reason, current calls for a new constitution stem not only from legal necessity but also from the need to redefine the relationship between the state and society on more inclusive and balanced foundations.

Advocates of constitutional reform argue that a new constitutional framework should accommodate Syria’s diverse ethnic, cultural, and religious landscape while laying the groundwork for a political order that differs fundamentally from the models that have shaped the country’s modern history.

ANHA