叙利亚宪法(五)

2009-2-1 11:19 来源:法律教育网 

  Article 134 [Sentences]

  Sentences are issued in the name of the Arab people of Syria.

  Article 135 [Organization]

  The law organizes the judicial system along with its categories, types, and grades of judges. It also defines the regulations pertaining to the jurisdiction in the different courts.

  Article 136 [Status of Judges]

  The law defines the terms of appointment, promotion, transfer, discipline, and removal of judges.

  Article 137 [Public Prosecution]

  The public prosecution is a single juridical institution headed by the Minister of Justice. The law organizes its functions and powers.

  Article 138 [Administrative Jurisdiction]

  The Council of State exercises administrative jurisdiction. The law defines the terms of appointment, promotion, discipline, and removed of its judges.

  Part 2 The Supreme Constitutional Court

  Article 139 [Membership]

  The Supreme Constitutional Court is composed of five members, of whom one will be the President, and all of whom are appointed by the President of the Republic by decree.

  Article 140 [Incompatibility]

  It is not permissible to combine the membership of the Supreme Constitutional Court with a ministerial post or membership in the People's Assembly. The law defines other functions which cannot be combined with court membership.

  Article 141 [Term]

  The term of membership of the Supreme Constitutional Court is 4 years subject to renewal.

  Article 142 [Dismissal]

  Members of the Supreme Constitutional Court cannot be dismissed from court membership except in accordance with the provisions of the law.

  Article 143

  Before assuming their duty, the President and members of the Supreme Constitutional Court take the following oath before the President of the Republic and in the presence of the speaker of the People's Assembly:

  “I swear by the Almighty to respect the country's Constitution and laws and to carry out my duty with impartiality and loyalty.”

  Article 144 [Electoral Control]

  The Supreme Constitutional Court determines the validity of the special appeals regarding the election of the members of the People's Assembly and submits to it a report on its findings.

  Article 145 [Constitutional Review]

  The Supreme Constitutional Court looks into and decides on the constitutionality of laws in accordance with the following:

  1) Should the President of the Republic or a quarter of the People's Assembly members challenge the constitutionality of a law before its promulgation, the promulgation of such law is suspended until the court makes a decision on it within 15 days from the date the appeal was filed with it. Should the law be of an urgent nature, the Supreme Constitutional Court must make a decision within 7 days.

  2) Should a quarter of the People's Assembly members object to the constitutionality of a legislative decree within 15 days of the date of the People's Assembly session, the Supreme Constitutional Court must decide on it within 15 days from the date the objection was filed with it.

  3) Should the Supreme Constitutional Court decide that a law or a decree is contrary to the Constitution, whatever is contrary to the text of the Constitution is considered null and void with retroactive effect and has no consequence.

  Article 146 [No Review Of Referendum Laws]

  The Supreme Constitutional Court has no right to look into laws which the President of the Republic submits to public referendum and are approved by the people.

  Article 147 [Review of Drafts]

  The Supreme Constitutional Court, at the request of the President of the Republic, gives its opinion on the constitutionality of bills and legislative decrees and the legality of draft decrees.

  Article 148 [Constitutional Court Statute]

  The law determines the procedure of hearing and adjudicating in matters coming under the jurisdiction of the Supreme Constitutional Court. It also defines the court staff, the qualifications of its members, and prescribes their salaries, immunities, privileges, and responsibilities.

  Part 3 Amending the Constitution

  Article 149 [Initiative, Majority]

  (1) The President of the Republic as well as a two-thirds majority of the People's Assembly members have a right to propose amending the Constitution.

  (2) The amendment proposal includes the provisions to be amended and the reasons for it.

  (3) Upon receipt of the proposal, the People's Assembly sets up a special committee to investigate it.

  (4) The Assembly discusses the amendment proposal, and if approved by a two-thirds majority of its members, the amendment is considered final, provided it is approved by the President of the Republic. It will then be included in the body of the Constitution.

  Chapter 4 General and Transitory Provisions

  Article 150 [Preamble is Part of Constitution]

  The preamble of this Constitution is considered an integral part of it.

  Article 151 [First Amendments]

  This Constitution may not be amended before the lapse of 18 months from the date it comes into effect.

  Article 152 [Temporary Election Control]

  Until the Supreme Constitutional Court is formed, the general body of the Court of Cessation has the jurisdiction to examine appeals regarding the validity of the election of the members of the People's Assembly after such appeals are referred to it by the President of the Assembly. The court submits to the President of the Assembly a report of its findings.

  Article 153 [Old Laws]

  Legislation in effect and issued before the proclamation of this Constitution remains in effect until it is amended so as to be compatible with its provisions.

  Article 154 [Term of President]

  The term of the incumbent President of the Republic expires after 7 years of the Christian Era from the date of the announcement of his election as President of the Syrian Arab Republic.

  Article 155 [First Parliamentary Elections]

  Elections for the first People's Assembly are held under the Constitution within 90 days from the date it is declared approved by a public referendum.

  Article 156 [Publication, Enforcement]

  The President of the Republic publishes this Constitution in the Official Gazette and it is considered in effect from the date of its approval by a public referendum.

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