Syria and Post-Revolution Era: Constitution has fallen, but laws of former regime remain in place

In the wake of major transformations experienced by any country undergoing a revolution, complex legal and constitutional challenges arise.

Perhaps the most prominent of these challenges is the vacuum left by the fall of the constitution and the dilemma surrounding the fate of the laws that were in effect under it.

Constitutional law scholars agree that a revolution, by its very nature as an act of popular sovereignty, overthrows the existing constitution, and with its fall, the legislative and executive branches that derived their legitimacy from it also fall. But what about the state's legal system?

According to a well-established legal principle, the fall of the constitution does not necessarily mean the annulment of all ordinary laws issued under it. This is emphasized by Dr. Mustafa Al-Baroudi in his book "Constitutional Rights." He argues that laws remain in force and in effect until they are explicitly repealed or amended by the new authority, and these amendments are published in the state's Official Gazette.

The claim that the constitution was "suspended" or that the People's Assembly was "frozen" is legally inaccurate. The more accurate statement is that the revolution effectively overthrew the constitution and stripped these institutions of their legal basis. Modern Syrian history is a lesson for us. When Syria seceded from the United Arab Republic, the then Minister of Information announced the end of the union and the abolition of the laws established by Gamal Abdel Nasser. This was officially published, making the procedure legal and complete.

Pressing Questions in the New Reality: Where Are the Annulment Decisions?

This legal principle raises fundamental and practical questions regarding the Syrian reality today. If the revolution overturned the 2012 Constitution and previous constitutions tailored to suit the Ba'ath Party, why have we not yet seen any official decision published in the Official Gazette annulling the law establishing the Ba'ath Party itself?

The issue extends beyond that to include the deep security structure that governed the country for decades. Agencies such as the Political Security Directorate, the General Intelligence Directorate, and the Military Intelligence Directorate were established by decrees and laws published in the Official Gazette, giving them a "legitimate" status within the framework of the former regime's state.

In order to legally dismantle these agencies and prevent their future reappearance, new legislation must be issued that explicitly repeals the laws establishing them and be published in the Official Gazette.

This procedure is not merely a formality; it is the essence of the rule of law. Even licensing a sports club in any region of Syria requires publication in the Official Gazette to gain legal status. So what about abolishing a ruling party and dismantling security agencies that once represented the pillars of the state?

Sulaiman al-Husseini - Zaman al-Wasl