Introduction:
In the aftermath of political or military conflicts, the interim constitutional document (the constitutional declaration) serves as the cornerstone for transitioning from chaos to stability. In Syria, which has witnessed a bloody conflict since 2011, the constitutional declaration emerges as a crucial mechanism for reshaping the social contract and preventing state collapse after the fall of Bashar al-Assad’s regime.
This focused study aims to analyze the significance of the constitutional declaration in a transitional context, the reasons for its necessity, and its role in building the new state, while also highlighting the challenges and external factors.
The Importance of the Constitutional Declaration in Transitional Phases:
In the absence of a permanent constitution, the constitutional declaration grants temporary legitimacy to transitional authorities. Nathan Brown argues that interim constitutional documents establish a framework for internationally accepted authority, even in the absence of democratic elections. In the Syrian experience, a constitutional declaration could mitigate the power vacuum resulting from the collapse of the old regime and define the powers of interim governing bodies.
Regarding the legacy of authoritarianism, the constitutional declaration presents an opportunity to break the cycle of despotism by limiting executive powers and ensuring the separation of powers.
Vicki Jackson notes that transitional constitutions often incorporate mechanisms for addressing past injustices, such as corruption trials, which help build public trust.
In terms of minority rights and pluralism, particularly in a multi-sectarian society like Syria, the constitutional declaration can foster coexistence by ensuring minority representation and protecting their rights. Arend Lijphart highlights that consociational models in interim constitutions reduce the risk of sectarian divisions.
The Need for a Constitutional Declaration:
The primary necessity is to prevent a constitutional vacuum. Without a constitutional document, states risk power struggles, as seen in Libya after 2011. Jon Elster rightly argued that interim constitutions prevent “legal chaos” by providing clear rules for managing the transitional phase.
Additionally, the constitutional declaration paves the way for a permanent constitution by serving as a platform for national dialogue on fundamental constitutional values. For instance, in Tunisia’s 2011 experience, the interim “Decree on Authorities” facilitated a national dialogue that led to the 2014 constitution.
Moreover, the constitutional declaration helps accommodate international and regional demands. In Syria’s context, it could serve as a tool to meet the conditions of international donors or peace guarantors, facilitating access to political and financial support.
The Role of the Constitutional Declaration in Building the New State:
Political scientists agree that a constitutional declaration helps shape a unified national identity by emphasizing equal citizenship principles rather than sectarian identities. In the Syrian case, Rogers Brubaker observed that the conflict has reinforced sectarian identities, necessitating a document that refocuses allegiance on the state.
Beyond reforming security and judicial institutions, constitutional declarations often include provisions for restructuring the military and security agencies as a prerequisite for democracy. According to Timothy Sisk, post-conflict security sector reform depends on a constitutional framework ensuring civilian oversight.
Regarding political participation, the declaration may establish mechanisms to involve civil society and women in the political process, such as advisory councils or representative quotas, thereby enhancing popular legitimacy.
Challenges Facing the Constitutional Declaration in the Syrian Context:
In many cases, such as Iraq after 2003, elites linked to the former regime dominated the constitutional drafting process. Tom Ginsburg warns that the absence of fair representation risks reproducing authoritarian governance.
International powers may also impose provisions that serve their interests, undermining the document’s independence. Eva Bellin argues that externally designed constitutions often fail to achieve stability.
Another challenge is balancing justice and reconciliation. Provisions for holding the former regime accountable may conflict with the need to integrate its elements into the political process to ensure stability.
Conclusion:
The Constitutional Declaration in Syria is an indispensable tool for achieving political transition, provided that it results from an inclusive national dialogue and balances the demands of justice and stability.
In this regard, the Political Bureau of the Syrian Future Movement welcomes President Ahmed Al-Shara’s decision to form a committee of experts to draft the Constitutional Declaration to fill the constitutional vacuum in the country. However, we believe its success depends on avoiding sectarian polarization and external pressures, which necessitates supporting civil society institutions and ensuring a transparent drafting process.
Political Office
Research Team
Research and Studies Department
Studies
Syrian Future Movement
References:
- Brown, N. (2002). Constitutions in a Nonconstitutional World: Arab Basic Laws and the Prospects for Accountable Government. State University of New York Press.
- Elster, J. (1995). Forces and Mechanisms in the Constitution-Making Process. Duke Law Journal.
- Lijphart, A. (2004). Constitutional Design for Divided Societies. Journal of Democracy.
- Ginsburg, T. (2016). How to Save a Constitutional Democracy. University of Chicago Press.
- Brubaker, R. (2017). National Minorities, Nationalizing States, and External National Homelands in the New Europe. Daedalus.
- Sisk, T. (2013). Statebuilding: Consolidating Peace after Civil War. Polity Press.
- Bellin, E. (2012). Reconsidering the Robustness of Authoritarianism in the Middle East: Lessons from the Arab Spring. Comparative Politics.
