Year since constitutional declaration

During its years in power, the Ba'ath Party was responsible for dismantling the political life that had emerged in the country following independence from the French Mandate. It also imposed the dominance of Arab nationalism at the expense of other nationalities and components. These conditions paved the way for later developments, as Syrians rose up with the outbreak of what became known as the Arab Spring.

The interim government in Syria adopted the same approach by entrenching one-color rule and eliminating any form of political, national, or sectarian pluralism. On March 13, 2025, it issued a constitutional declaration that some observers considered an extension of the Ba'ath Party constitutions that entrenched authoritarian rule for decades. Others argued that it even surpassed those constitutions in its negative aspects, given that the former party had not actually adhered to many of the provisions they contained—provisions which many observers described as little more than unenforced texts.

Institutionalizing religious exclusion

The constitutional declaration approved by the interim government mirrors the substance of the 2012 Constitution in several articles. Among them is the provision stating that the religion of the President of the Republic must be Islam and that Islamic jurisprudence is a primary source of legislation. This effectively entrenches the exclusion of other religions and prevents their adherents from reaching the presidency, which contradicts the religious and sectarian diversity that characterizes Syria.

Such an approach also creates a form of social discrimination, as citizens are classified according to their religious affiliations, threatening the principle of citizenship and producing first-class and second-class citizens. Furthermore, the wording of the article stating that “the state respects all religions and guarantees the freedom to practice their rituals, provided that public order is not disturbed” grants authorities an opportunity to suppress any movement under the pretext of maintaining public order. In the future, this may lead to deeper social divisions and an increase in religious hatred and hostility within the country.

As a result, this exclusion and the privileging of one sect or component over another have contributed to the consolidation of sectarian rhetoric, incitement, and hatred, as anyone who differs religiously or sectarian has become a target for supporters of this government.

Linguistic pluralism as a victim of monolithic nationalism

Both the 2012 Constitution and the interim government’s constitutional declaration affirm that Arabic is the official language of the country. This reinforces discrimination against other nationalities and components and deprives them of the right to live with full citizenship in their homeland.

Moreover, this provision grants the authorities the power to suppress any attempt by non-Arab components to use their languages in public institutions, whether educational or administrative. Syrian Kurds suffered from this policy throughout the years of Ba'ath rule, when they were prevented from speaking their language. This discrimination could extend to restricting these groups’ opportunities for education and employment and even excluding them from Syria’s diplomatic and political representation at the international level.

A president with absolute powers

The constitutional declaration grants the President of the Republic broad powers. Article 32 states that he is the Supreme Commander of the Army and the Armed Forces, without establishing any clear mechanism of accountability. This opens the door to absolute authoritarianism, as military and political decision-making becomes concentrated in the hands of a single individual without legal restraints.

By contrast, the 2012 Constitution included provisions defining the role of the Supreme Constitutional Court. Among its tasks were overseeing the constitutionality of laws, legislative decrees, and regulations, issuing opinions on their conformity with the constitution, supervising presidential elections, organizing procedures for electoral appeals, and trying the President of the Republic in cases of high treason.

The Constitutional Court: A formal institution without powers

Although the Constitutional Court was never effectively activated during Ba'ath rule, the new constitutional declaration gives it little attention and largely ignores it, except for noting that its members are appointed by the President of the Republic. This undermines judicial independence and transforms the court into a tool subordinate to the executive authority, stripping it of its role as an independent oversight body.

In addition, Article 50 of the constitutional declaration grants the “President” the authority to amend the constitutional declaration itself with the approval of two-thirds of the People’s Assembly. This means that his powers may expand in the future and that the transitional phase could be extended indefinitely through an internal decision, without the need to return to the will of the people.

The absence of the word “democracy”

Although al-Assad regime did not genuinely recognize democracy, Ba'ath constitutions at least formally included provisions stating that Syria was a democratic state. In contrast, this term is completely absent from the interim government’s constitutional declaration, indicating the new authority’s influence by hardline religious currents that reject any manifestation of democratic governance.

dismantling the government

Article 118 of the 2012 Constitution stipulated the existence of a Council of Ministers headed by a Prime Minister appointed by the President of the Republic. The Prime Minister supervised the implementation of laws and regulations and monitored the work of state agencies and institutions. Although the Prime Minister’s role was largely symbolic during Ba'ath rule, since real power rested with the president, the new constitutional declaration abolishes this position entirely, transferring all executive powers directly to the President of the Republic.

A People’s Assembly stripped of authority

The constitutional declaration also grants the President of the Republic the power to appoint members of the government, members of the National Security Council, and judges of the Supreme Constitutional Court. In addition, he appoints one-third of the members of the People’s Assembly and the committee that selects the remaining two-thirds, effectively undermining any chance of a parliament that genuinely represents the will of Syrian society.

An analysis of the constitutional declaration also shows that the president of the transitional phase can directly influence the legislative authority. The declaration grants him the power to return any legislation to the People’s Assembly and even raise the voting threshold required for its approval.

Nevertheless, the People’s Assembly has not yet been formed, which represents a constitutional and institutional problem with broad implications for the process of state-building during the transitional phase. This delay has created a legislative vacuum that has affected the state’s ability to issue the laws necessary to regulate its affairs and has opened the door for the executive and judicial branches to expand their roles by exercising functions of a legislative nature.

A Transitional Constitution… or the blueprint for long-term authoritarianism?

Article 39 of the constitutional declaration also grants the President of the Republic broad powers over the People’s Assembly. He may propose laws and issue them after the council’s approval, and he may object to any law through a reasoned decision. A contested law can only be passed with the approval of two-thirds of the People’s Assembly whose members the president himself has the authority to appoint.

By comparison, the 2012 Constitution granted the People’s Assembly broader powers, even though the Ba'ath Party had effectively monopolized them in practice. Article 74 allowed members of the People’s Assembly to propose laws and to direct questions and interpellations to ministers. It also entrusted the assembly with key responsibilities, including approving laws, discussing the government’s statement, withdrawing confidence from ministers, approving the state budget, ratifying international treaties and agreements, and approving general amnesties.

The new constitutional declaration, however, concentrates all these powers in the hands of the President of the Republic, reflecting the complete centralization of authority in a single office and the absence of any form of institutional oversight.

As a result of the above, the constitutional declaration has further concentrated power in the hands of the president and deepened policies of exclusion against non-Arab and non-Muslim Syrian components. It has also entirely ignored any reference to democracy or political pluralism. These developments indicate that Syria may be heading toward a system of governance even more authoritarian than the Ba'athist regime.

ANHA