Supreme Constitutional Court of Syria

The Supreme Constitutional Court (Arabic: المحكمة الدستورية العليا, Al-Mahkamah al-Dustūrīyah al-‘Ulyā) is the highest jurisdictional authority in the Syrian Arab Republic.

Supreme Constitutional Court of Syria
المحكمة الدستورية العليا
Al-Mahkamah al-Dustūrīyah al-‘Ulyā
Coat of arms of Syria
Established1973
JurisdictionSyrian Arab Republic
LocationDamascus
Composition methodPresidential appointment
Authorized bySyrian Constitution
Judge term lengthrenewable terms of four-years
Number of positions11
LanguageArabic
President of the Supreme Court
CurrentlyMohammad Jihad al-Laham
Since8 May 2018

History

The Supreme Court was established under the Syrian Constitution of 1973 to adjudicate electoral disputes, rule on the constitutionality of a law or decree challenged by the prime minister or People's Council, and to render opinions on the constitutionality of bills, decrees, and regulations when requested to do so by the prime minister.

The High Constitutional Court is forbidden, however, to question the validity of the popularly approved "laws submitted by the President of the Republic to popular referendums." The court consists of the president and four judges he appoints to serve a renewable term of four years.[1]

Composition

The Supreme Court consists of its president called the President of the Supreme Court and 10 ordinary member judges.[2] Judges of the Supreme Court are appointed by the President.

Syrian Constitution of 2012 declares the judiciary independent, and assigns the President (and the Supreme Judicial Council, which the President heads) as the protector of judicial independence (Arts. 132-133).[3]

The Supreme Constitutional Court was extended from five members to at least seven members, but all are still appointed by presidential decree (Art. 141).[3] Constitutional Court members continue to serve four-year renewable terms (Art. 143).[3]

Current membership (May 2022)

  • The President of the Supreme Court: Mr. Justice Mohammad Jihad al-Laham[4]
  • Mr. Justice Raslan Ali Trabelsi[3]
  • Mr. Justice Malik Kamal Sharaf[3]
  • Mrs. Justice Jamila Muslim Al-Sharbaji[3]
  • Mr. Justice Dr. Saeed Abdel Wahid Nahaili[3]
  • Mr. Justice Mutasim Skeiker[3]
  • Mr. Justice Majid Rashid Khadra[3]
  • Mr. Justice Faris Melhem Sattouf[3]
  • Mr. Justice Abdel Salam Shehadeh[3]
  • Mr. Justice Wissam Badie Yazbek[3]
  • Mrs. Justice Maisa Anwar Al-Mahrous[3][5]

Competences

  • Deciding the constitutionality of laws and regulations[6]
  • Delivering opinions on the constitutionality of draft laws and legislative decrees upon request by the President[6]
  • Supervising presidential elections[6]
  • Considering challenges to presidential and legislative elections[6]
  • Trying the President in the case of high treason[6]
  • Constitutional review over laws passed by referendum[6]
  • Expressing opinions on the constitutionality of draft laws upon request [6]

See also

References

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