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WEEKLY NEWSLETTER
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Lebanon
Index
In the early 1920s, the League of Nations requested that the
French Mandate authorities devise a law for Lebanon in cooperation
with the native leaders and in harmony with the wishes and
interests of the diverse religious sects. Accordingly, in July 1925
the French government appointed a commission, which by May 15,
1926, had prepared a draft constitution. The Representative
Council, an elected body of Lebanese leaders sitting as a
constituent assembly, adopted the draft constitution on May 23.
Although many Lebanese historians and politicians have claimed
that the Constitution was designed primarily by local leaders to
reflect purely Lebanese interests, the minutes of the constituent
assembly reveal the major role of the French representative. He had
the power to veto any modification to the draft, and he also
controlled the agenda. In reaction to France's dominance, Muslim
representatives made it clear during the meetings that they were
against the very idea of expanding the limits of mostly Christian
Mount Lebanon to create Greater Lebanon incorporating Muslim areas
and insisted that the record show their reservations.
When completed, the Constitution was divided into six parts,
one of which contained four articles relating to the French Mandate
and the League of Nations. By these articles, France retained full
political control over the country. In theory, France's high
commissioner was charged with advisory and supervisory functions in
normal times; in practice, he exercised supreme power. Army troops
under French control were stationed throughout the country.
Although their ostensible role was to keep the high commissioner
informed of the local political situation, in fact they exerted a
great deal of influence on the local administration. Thus, between
1926, when the Constitution was adopted, and 1946, when the French
finally handed over all functions of state, France, not local
officials, exercised control over implementation of the
Constitution. The high commissioner, in fact, suspended the
Constitution several times during the 1932-37 period and again at
the beginning of World War II.
The Constitution stresses freedom and equality, although with
some limitations. All Lebanese are guaranteed the freedoms of
speech, assembly, and association "within the limits established by
law." There are also provisions for freedom of conscience and the
free exercise of all forms of worship, as long as the dignity of
the several religions and the public order are not affected.
Clearly, there are inherent contradictions within the
Constitution. Even though articles 7 and 12 provide for equality of
civil and political rights and equal access to public posts based
on merit, Article 95 affirms the state's commitment to
confessionalism, but without setting forth how it is to be applied.
Article 95, in effect, legitimizes the National Pact.
Amendments to the Constitution may be initiated by the
president of the republic or by a resolution of at least ten
members of the Chamber of Deputies. The Chamber of Deputies, by a
two-thirds majority, can recommend an amendment. However, the
president and his cabinet, who together constitute the Council of
Ministers, have veto powers, which can be overridden only by a
complex procedure of the Chamber of Deputies. The most significant
amendments were promulgated in 1943, when all references to the
French Mandate were expunged and Arabic was designated the nation's
official language.
Attempts to amend the Constitution have met with both favor and
controversy. In 1949 the Constitution was amended to allow
President Bishara al Khuri (also cited as Khoury) to succeed
himself. Nine years later, however, when unpopular president
Camille Shamun (also cited as Chamoun) sought an amendment that
would allow him to succeed himself, vigorous opposition throughout
the country prevented him from doing so.
Data as of December 1987
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