Ifes Briefing Note On Amending Constitution

Briefing Note:

Amending the Constitution in Lebanon 29 November 2007

IFES Lebanon

See Constitution Art. 77

Amending the Lebanese Constitution

At least ten Deputies may propose an amendment to the Constitution

The Chamber of Deputies approves the proposed amendment with a ⅔ majority of its total membership Speaker of Parliament sends the proposed amendment to Council of Ministers The Council of Ministers approves proposed amendment by a ⅔ majority

The Presidency (i.e. currently the Council of Ministers) proposes an amendment to the Constitution See Constitution Art. 76

If the Council of Ministers does not approve the proposed amendment by a ⅔ majority, it is returned to the Chamber of Deputies under a separate procedure described below.

This chart provides an outline of the steps needed to amend the Lebanese Constitution. The process, which involves the Presidency, the Council of Ministers and the Parliament, is detailed in a number of Articles in the current Constitution. As of 24 November, in the absence of an elected President, the Presidency and the exercise of presidential powers are held by the Cabinet of Ministers. Options for Proposing an Amendment

There are two options for proposing an amendment to the Constitution. ▪ Option One The Presidency/Council of Ministers initiates the amendment process and prepares a draft bill. ▪ Option Two Parliamentary Deputies initiate the amendment process, requiring a ⅔ majority vote of all Deputies and the Cabinet of Ministers. Quorum and Majority Issues

See Constitution Arts. 76 and 77

The Cabinet of Ministers prepares a draft bill to amend the Constitution and sends to the Chamber of Deputies

See Constitution Art. 79

The Chamber of Deputies holds a session with a quorum of ⅔ of its total membership to discuss and vote on the draft bill to amend the Constitution.

See Constitution Art. 79

See Constitution Arts. 51, 56, 57 and 79

The Chamber of Deputies approves the draft bill to amend the Constitution by a majority vote of at least ⅔ of its total membership

The Presidency promulgates the amendment to the Constitution but has the right to request that the Chamber of Deputies to reconsiders the bill.

If the Council of Ministers does not approve by a ⅔ majority the proposed amendment, it is returned to the Chamber of Deputies. It is then put to a new vote. If it gains the approval of ¾ of all members, the Presidency must either support the proposed amendment or instruct the Cabinet of Ministers to call new parliamentary elections

The Constitution requires that the Chamber of Deputies must have a quorum of two-thirds to discuss and vote upon a proposed amendment to the Constitution: “… when a majority of two-thirds of the members lawfully composing the Chamber are present”(Art. 79). However, it may still be necessary

to clarify whether this means two-thirds of the 128 parliamentary seats or the current 127 Deputies. For an amendment to the Constitution, the Council of Ministers must take decisions by consensus or by “the approval of two-thirds of the Cabinet named in the decree of its formation” (Art 65). Currently, the

Council of Ministers only functions with two-thirds of the members contained in its decree of formation. Parliamentary Business Priorities

If a proposal to amend the Constitution is attempted before the election of a President, there appear to be contradictory provisions within the Constitution as to what should be the priority to be discussed by the Chamber of Deputies. In the case of a presidential vacancy, parliament “shall meet immediately to elect a new president” (Art 74) and “to proceed without discussion of any other Act.” (Art 75). However, where a bill to amend the Constitution is submitted, parliament “must confine itself to its discussion before any other work until a final vote is taken” (Art 78). In the current political circumstances, the priority of business is likely to be determined by whether an amendment to the Constitution is needed in order to elect a President (e.g. by removing the constitutional bar against public servants standing as candidates).

Outline of the process to amend the Lebanese Constitution

This IFES Lebanon document has been prepared for internal briefing purposes only and is not to be considered an official IFES document.