Laws?!

November 27, 2006 in the early afternoon

Last night, me and N10452 opened up the Lebanese constitution and the Taif accord to check out how does Lahoud consider the present government unconstitutional and how true is it that the PM cannot request an emergency cabinet meeting.

The conclusion:
Article 95, section 3(a) of the constitution, states that “The confessional groups are to be represented in a just and equitable fashion in the formation of the Cabinet.” However, it does not mention about what happens when an entire confessional group resigns whilst over two-thirds of the Cabinet remains therefore we concluded that the topic is still disputable.

Article 33, states that the President of the republic in consultation with the Prime Minister may summon the Chamber to extraordinary sessions by a Decree specifying the dates of the opening and closing of the extraordinary sessions as well as the agenda. The President of the Republic is required to convoke the Chamber if an absolute majority of the total membership so requests. BUT that is in regards to the chamber of deputies. In regards to the Council of Ministers, Article 64 section 6, the Prime Minister calls the Council of Ministers into session and sets its agenda, and he informs the President and the Ministers beforehand of the subjects included on the agenda and of the urgent subjects that will be discussed.

May someone please, explain to me in that case what are Lahoud and Berri talking about? Berri said that “Under Article 52 of the constitution, an emergency meeting of the cabinet must have the approval of the president of the republic,” but when I check the constitution, this is what I found under Article 52:
The President of the Republic negotiates international treaties in coordination with the Prime Minister. These treaties are not considered ratified except after agreement of the Council of Ministers. They are to be made known to the Chamber whenever the national interest and security of the state permit. However, treaties involving the finances of the state, commercial treaties, and in general treaties that cannot be renounced every year are not considered ratified until they have been approved by the Chamber.

Seriously people, can someone explain all this to me.

16 Comments »

  1. Scandi says

    Well, if what you write is a true and accurate reflection of what is written in the constitution and there are no stated constitutional ammendements or sub clauses then basically Lahoud and Berri appear to be misrepresenting the facts contained within it.

    It does not need much interpretation, in fact compared to many national constitutions it is remarkably concise and obvious.

    Thank you for your informative and interesting blog by the way.
    Scandi

    November 27th, 2006 | #

  2. Herbert Kaine says

    You are reading the wrong constition. Lahoud is referring to the Syrian constitution. The relevant sections are below
    1) Syria is led by the supreme leader Bashir Assad (the blind ophthalmologist). Anyone he doesnt like is deserving of death (Hariri, Gemayel, etc)
    2) Lebanon is an integral part of the Syrian homeland. It will be goverened by a Syrian appointee (Lahoud)
    3) A Lebanese parliament will be created to present a veneer of self-government. However, all decisions must be okd by the blind ophthalmologist

    November 29th, 2006 | #

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