Costituzione 23 maggio 1926

Repubblica del Libano. Costituzione, 23 maggio 1926.

Preamble

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b. Lebanon is Arab in its identity and in its association. It is a founding and active member of the League of Arab States and abides by its pacts and covenants. Lebanon is also a founding and active member of the United Nations Organization and abides by its covenants and by the Universal Declaration of Human Rights. The Government shall embody these principles in all fields and areas without exception.
c. Lebanon is a parliamentary democratic republic based on respect for public liberties, especially the freedom of opinion and belief, and respect for social justice and equality of rights and duties among all citizens without discrimination.

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h. The abolition of political confessionalism is a basic national goal and shall be achieved according to a gradual plan.

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Chapter II. The Rights and Duties of the Citizen

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Article 7 [Equality]
All Lebanese are equal before the law. They equally enjoy civil and political rights and equally are bound by public obligations and duties without any distinction.

Article 8 [Personal Liberty, nulla poena sine lege]
Individual liberty is guaranteed and protected by law. No one may be arrested, imprisoned, or kept in custody except according to the provisions of the law. No offense may be established or penalty imposed except by law.

Article 9 [Conscience, Belief]
There shall be absolute freedom of conscience. The state in rendering homage to the Most High shall respect all religions and creeds and guarantees, under its protection, the free exercise of all religious rites provided that public order is not disturbed. It also guarantees that the personal status and religious interests of the population, to whatever religious sect they belong, is respected.

Article 10 [Education, Confessional Schools]
Education is free insofar as it is not contrary to public order and morals and does not interfere with the dignity of any of the religions or creeds. There shall be no violation of the right of religious communities to have their own schools provided they follow the general rules issued by the state regulating public instruction.

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Part B. Powers

Chapter I. General Provisions

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Article 19 [Constitutional Council]
A Constitutional Council is established to supervise the constitutionality of laws and to arbitrate conflicts that arise from parliamentary and presidential elections. The President, the President of the Parliament, the Prime Minister, along with any ten Members of Parliament, have the right to consult this Council on matters that relate to the constitutionality of laws. The officially recognized heads of religious communities have the right to consult this Council only on laws relating to personal status, the freedom of belief and religious practice, and the freedom of religious education. The rules governing the organization, operation, composition, and modes of appeal of the Council are decided by a special law.

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[Chapter] II. The Legislative Power

Article 22 [Senate]
With the election of the first Parliament on a national, non-confessional basis, a Senate is established in which all the religious communities are represented. Its authority is limited to major national issues.

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Article 24 [Electoral Laws]

(1) The Chamber of Deputies is composed of elected members; their number and the method of their election is determined by the electoral laws in effect. Until such time as the Chamber enacts new electoral laws on a non-confessional basis, the distribution of seats is according to the following principles:
a. Equal representation between Christians and Muslims.
b. Proportional representation among the confessional groups within each religious community.
c. Proportional representation among geographic regions.
(2) Exceptionally, and for one time only, the seats that are currently vacant, as well as the new seats that have been established by law, are to be filled by appointment, all at once, and by a majority of two thirds of the Government of National Unity. This is to establish equality between Christians and Muslims as stipulated in the Document of National Accord [The Taif Agreement]. The electoral laws will specify the details regarding the implementation of this clause.

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Part F. On the Abolition of Political Confessionalism

Article 95 [National Committee]

(1) The first Chamber or Deputies which is elected on the basis of equality between Muslims and Christians takes the appropriate measures to realize the abolition of political confessionalism according to a transitional plan. A National Committee is to be formed, headed by the President of the Republic, including, in addition to the President of the Chamber of Deputies and the Prime Minister, leading political, intellectual, and social figures.
(2) The tasks of this Committee are to study and propose the means to ensure the abolition of confessionalism, propose them to the Chamber of Deputies and the Ministers, and supervise the execution of the transitional plan.
(3) During the transitional phase:
a. The confessional groups are to be represented in a just and equitable fashion in the formation of the Cabinet.
b. The principle of confessional representation in public service jobs, in the judiciary, in the military and security institutions, and in public and mixed agencies are to be cancelled in accordance with the requirements of national reconciliation; they shall be replaced by the principle of expertise and competence. However, Grade One posts and their equivalents are exempt from this rule, and the posts must be distributed equally between Christians and Muslims without reserving any particular job for any confessional group but rather applying the principles of expertise and competence.

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