Syrian Arab Republic 2017 Draft Constitution

Chapter 4. The Judicial Authority

Article 73

1. Judges are independent and there is no authority over them except that of the constitution and law.
2. The judges’ honor, conscience and impartiality constitute the guarantees for people’s rights and freedoms.
3. Judicial rulings are made in the name of the people of Syria.

Article 74

1. The judicial system and courts’ powers are defined by law.
2. The law states the conditions for appointing judges, promoting, transferring, disciplining and dismissing them.

Article 75

The Attorney General’s Office is the single judicial institution headed by the Minister of Justice. The law regulates its function and mandate.

Article 76

The State’s Council is in charge of Administrative Judiciary. It is an independent judicial and advisory body. The law states its mandate and the status of The State’s Council members.

Article 77

1. The Supreme Constitutional Court is an independent judicial body based in Damascus.
2. The Supreme Constitutional Court consists of at least seven judges, appointed by the Constituent Assembly.
3. In addition to the public offices stated by the Constitution, the law may indicate other positions and offices that are incompatible with the position of a judge on the Supreme Constitutional Court.
4. The term in office of a Supreme Constitutional Court judge shall be four years and renewable.
5. Judges of the Supreme Constitutional Court cannot be dismissed except when the law allows it.
6. President and members of the Supreme Constitutional Court before they assume office shall be sworn in before the People’s Assembly and the Constituent Assembly by saying “I swear to respect the Constitution and the laws of the country and to carry out my duties with integrity and impartiality.”

Article 78

1. The mandate of the Supreme Constitutional Court is as follows:
   1. Control over the constitutionality of laws, decrees, bylaws and regulations of public authorities.
   2. Expressing opinion, upon the request of the President of the Republic, on the constitutionality of draft laws and the legality of draft decrees.
   3. Overseeing the election of the President of the Republic and organizing the relevant procedure.
   4. Considering challenges against the election of the President of the Republic and ruling on these challenges.
   5. Trying the President of the Republic who was removed from the office after committing high treason or another grave crime.
2. The law shall specify other authority of the Supreme Constitutional Court and the process for considering and ruling on the issues under the mandate of the Supreme Constitutional Court, and the status of judges on the Supreme Constitutional Court.

Article 79

The Supreme Constitutional Court shall not consider the constitutionality of laws put to a referendum that have received the approval of the people.