Constitutional Council (Lebanon)

The Constitutional Council (AR:المجلس الدستوري اللبناني) is an independent constitutional institution in Lebanon responsible for reviewing the constitutionality of laws and adjudicating disputes arising from presidential and parliamentary elections. It was established in 1993 pursuant to Law No. 250/1993, following the introduction of Article 19 into the Lebanese constitutional framework through the constitutional amendments of 1990.

The council exercises constitutional review within the jurisdiction assigned to it by the Lebanese Constitution and relevant legislation. Its decisions address the validity of legislation and electoral disputes, forming part of Lebanon's system of constitutional oversight.

History

The Constitutional Council was established in 1993 under Law No. 250/1993, implementing Article 19 of the Lebanese Constitution as amended on 21 September 1990.

The creation of the council introduced a specialized institution for reviewing the constitutionality of laws and deciding disputes arising from presidential and parliamentary elections. Before its establishment, constitutional oversight did not operate through an institution with the same specific jurisdiction.

The law governing the council was subsequently amended in 1994, 1999, 2006 and 2008. The amendments addressed aspects of the council's organization and membership requirements.

The council's internal regulations were established under Law No. 243/2000, which sets out procedures governing its organization and work.

Composition

The Constitutional Council consists of ten members. Five members are appointed by the Chamber of Deputies, while the other five are appointed by the Council of Ministers of Lebanon.

The parliamentary appointments are made by an absolute majority of the legally constituted membership of the Chamber of Deputies in the first round and by a relative majority of members voting in the second round. The Council of Ministers appoints its five members by a two-thirds majority of the government membership specified in the decree forming the government.

Members serve a six-year term that is neither renewable nor subject to reduction. If replacements are not appointed when a term expires, incumbent members continue to perform their duties until their successors are appointed and take the prescribed oath.

Candidates must meet the statutory professional and age requirements. Eligible candidates include honorary judges, university professors in specified academic fields and lawyers, each with at least 25 years of relevant professional experience. Members must be at least 50 and no older than 74 when selected.

Jurisdiction

The Constitutional Council exercises two principal areas of jurisdiction: constitutional review of laws and adjudication of electoral disputes.

Constitutional review

The council reviews whether laws comply with the Lebanese Constitution. Article 19 establishes the constitutional basis for this jurisdiction and identifies the authorities entitled to refer legislation for review.

The following authorities may petition the council for constitutional review:

The President of the Republic of Lebanon.
The Speaker of the Chamber of Deputies.
The Prime Minister.
At least ten members of the Chamber of Deputies.
The heads of legally recognized religious communities, exclusively concerning personal status, freedom of belief, the exercise of religious rites and freedom of religious education.

Petitions challenging the constitutionality of a law must generally be submitted within ten days following its publication. The council may declare a challenged law valid or invalidate it in whole or in part.

A simplified representation of constitutional review is:

$L a w \to C o n s t i t u t i o n a l R e v i e w \to V a l i d i t y D e c i s i o n$

The council's constitutional-review decisions require the votes of at least seven members.

Electoral disputes

The council adjudicates disputes and appeals arising from parliamentary elections and has jurisdiction over specified disputes concerning presidential elections.

In parliamentary election cases, the council examines matters such as the validity of an elected candidate's election and compliance with eligibility requirements. Its review is generally confined to the candidates and electoral results involved in the specific appeal.

Challenges concerning presidential elections are subject to special procedural requirements and deadlines. The council's jurisdiction in this area is intended to provide a legal mechanism for resolving disputes concerning the presidential electoral process.

Procedures

The council follows statutory procedures governing the submission, examination and determination of petitions.

In constitutional-review cases, the council initially considers whether grounds exist to suspend the challenged law. A rapporteur is appointed from among the members to examine the petition and present conclusions to the council. The members then deliberate and issue a decision within the applicable statutory deadlines.

Electoral appeals follow procedures specific to the type of election and the legal grounds raised. The deadlines are designed to permit disputes to be resolved within the relevant electoral timetable.

Constitutional jurisprudence

The council's decisions contribute to the interpretation of the Lebanese Constitution and the development of constitutional principles.

Its jurisprudence has addressed the protection of fundamental rights, equality, judicial independence, the non-retroactivity of more severe criminal laws and the constitutional requirements governing legislative procedures.

The council has also interpreted provisions concerning the relationship between constitutional institutions and the requirements governing the exercise of public authority.

Relationship with other institutions

The Constitutional Council is distinct from Lebanon's ordinary courts and other judicial bodies. Its specialized jurisdiction concerns constitutional review of laws and specified electoral disputes.

Article 19 assigns constitutional-review jurisdiction to the council, while Article 20 addresses the judicial power exercised by courts of different levels and jurisdictions.

The council therefore performs a specialized constitutional function within Lebanon's broader legal and institutional system.

External links