Whatever is the position and character of the authority which has come to power in Syria following the fall of the Assad regime, any hastily drafted constitution which it has declared remains, in essence, a new constitution. This is regardless of what is said about its temporal nature and preparation for a constitution which will come later in the context of a hypothetical democratic transition. Considering the recent political transformations in Syria, profound social challenges have emerged alongside the new temporary constitution, reflecting the complexities and difficulties of the transitional phase.
The attacks on security forces and the killings and massacres witnessed on the Syrian coasts, particularly in Latakia and Tartus, reflected deep social tensions and a clear rift in the social fabric. These confrontations were not merely military clashes; rather, they revealed the fragility of national identity, which has long been suppressed under the umbrella of national unity discourse. The disintegration of totalitarian narratives highlights the need to rebuild a national identity which recognises (in reality, not just in theory) pluralism and diversity.
From another perspective, the lack of full control over all Syrian territory reflects the fragility of the central authority and the multiplicity of centres of influence, with local authorities and sub-identities emerging which challenge the concept of the traditional centre. This reality poses challenges to the temporary constitution, which is supposed to be inclusive of all components of Syrian society. Given these complexities, the success of the temporary constitution remains contingent on its ability to address current social and political challenges.
If societal rifts are not addressed and the foundations for genuine political participation are not established, this constitution may remain a mere theoretical document, incapable of imposing a new reality. Adopting an approach which recognises pluralism, dismantles outdated totalitarian discourses, and rebuilds power on participatory principles may be the only way to navigate the transitional phase towards a more stable and inclusive future for the afflicted Syrian people and all victims, past and future.
The declaration of the new temporary Syrian constitution can be considered a pivotal moment in the country’s history. It defines the contours of the transitional phase after decades of centralised rule. However, it represents more than just a temporary legal framework; rather, it is part of a complex political process aimed at reshaping power within new contexts. While it is presented as a step toward democratic transformation, its provisions reveal the reproduction of the centralisation of power through modern legal mechanisms which grant the president broad powers, including appointing one-third of the members of the People’s Assembly and forming the Constitutional Court, while leaving the issue of his own removal to a council whose composition is influenced by its decisions. This legal framework raises political and constitutional issues, especially when compared to presidential systems rely on a balance of powers and safeguards which limit the role of the executives.
A preliminary reading of the temporary constitution appears to suggest that it not only aims to organise the transitional phase, but also contributes to reshaping power through mechanisms which go beyond traditional discourses on the separation of powers and the guarantee of rights and freedoms. Although it presents a document paving the way for democratic rule, it re-establishes a centralised power structure within a new legal umbrella. Constitutional texts can serve as tools for generating power rather than restricting it, unless institutions are capable of imposing a true balance of powers. One of the fundamental problems the declaration entrenches is that it grants the executive branch the position at the top of the political pyramid without effective institutional checks and balances. The president enjoys near-absolute power to appoint key figures in the judiciary and legislative branches, raising questions about the independence of these institutions.
[Samar Yezbek in Al-Araby Al-Jadeed]
Compiled and translated by Faizul Haque