叙利亚宪法

[

中文名称

]

叙

利

亚

宪

法

一

）

[

英文名称

]

[

制定机关

]

叙

利

亚

[

是否有效

]

有

效

[

效力级别

]

[

效力范围

]

[

生效日期

]

1973-07-13

叙利亚宪法（一）

/1638/

Preamble

The Arab nation managed to perform a great role in building human civilization when it was

a unified nation. When the ties of its national cohesion weakened

，

its civilizing role receded

and the waves of colonial conquest shattered the Arab nation's unity

，

occupied its territory

，

and plundered its resources. Our Arab nation has withstood these challenges and rejected the

reality

of

division

，

exploitation

，

and

backwardness

out

of

its

faith

in

its

ability

to

surmount

this

reality

and

return

to

the

arena

of

history

in

order

to

play

，

together

with

the

other

liberated

nations

，

its distinctive role in the construction of civilization and progress. With the close

of the first half of this century

，

the Arab people's struggle has been expanding and assuming

greater importance in various countries to achieve liberation from direct colonialism.

The Arab masses did not regard independence as their goal and the end of their sacrifices

，

but

as

a

means

to

consolidate

their

struggle

，

and

as

an

advanced

phase

in

their

continuing

battle

against the forces of imperialism

，

Zionism

，

and exploitation under the leadership of their

patriotic

and

progressive

forces

in

order

to

achieve

the

Arab

nation's

goals

of

unity

，

freedom

，

and socialism.

In the Syrian Arab region

，

the masses of our people continued their struggle after

independence. Through their progressive march they were able to achieve their big victory by

setting

off

the

revolution

of

8

March

1963

under

the

leadership

of

the

Socialist

Arab

Baath

Party

，

which has made authority an instrument to serve the struggle for the construction of the United

Socialist Arab society.

The Socialist Arab Baath Party is the first movement in the Arab homeland which gives Arab

unity its sound revolutionary meaning

，

connects the nationalist with the socialist struggle

，

and

represents

the

Arab

nation's

will

and

aspirations

for

a

future

that

will

bind

the

Arab

nation

with

its

glorious

past

and

will

enable

it

to

carry

out

its

role

in

achieving

victory

for

the

cause

of freedom of all the peoples.

Through the party's militant struggle

，

the 16 Nov 1970 corrective movement responded to

our people's demands and aspirations. This corrective movement was an important qualitative

development and a faithful reflection of the party's spirit

，

principles

，

and objectives. It

created the appropriate atmosphere for the fulfillment of a number of significant projects in

the interest of our large masses

，

primarily the emergence of the state of the Confederation of

Arab

Republics

in

response

to

the

call

for

unity

，

which

figures

prominently

in

the

Arab

conscience

，

which was buttressed by the joint Arab struggle against imperialism and Zionism

，

regionalist

disputes

，

and

separatist

movements

，

and

which

was

confirmed

by

the

contemporary

Arab

revolution

against domination and exploitation.

Under

the

aegis

of

the

corrective

movement

，

an

important

stop

was

taken

on

the

road

leading

to the consolidation of national unity for our popular masses. Under the leadership of the

socialist

Arab

Baath

Party

，

a

national

and

progressive

front

with

developed

conceptions

emerged

in such a manner as to meet our people's needs and interests and proceed toward unifying the

instrument of the Arab revolution in a unified political organization.

The

completion

of

this

Constitution

crowns

our

people's

struggle

on

the

road

of

the

principle

of popular

democracy

，

is a

clear

guide for the

people's march

toward the

future and a

regulator

of the movement of the state and its various institutions

，

and is a source of its legislation.

The Constitution is based on the following major principles

：

1

）

The comprehensive Arab revolution is an existing and continuing necessity to achieve

the

Arab nation's aspirations

for

unity

，

freedom

，

and

socialism. The revolution in the Syrian

Arab

region

is part of the comprehensive

Arab

revolution.

Its policy

in

all areas stems

from

the

general strategy of the Arab revolution.

2

）

Under the reality of division

，

all the achievements by any Arab country will fail to

fully achieve their scope and will remain subject to distortion and setback unless these

achievements

are

buttressed

and

preserved

by

Arab

unity.

Likewise

，

any

danger

to

which

any

Arab

country may be exposed on the part of imperialism and Zionism is at the same time a danger

threatening the whole Arab nation.

3

）

The

march

toward

the

establishment

of

a

socialist

order

besides

being

a

necessity

stemming

from

the

Arab

society's

needs

，

is

also

a

fundamental

necessity

for

mobilizing

the

potentialities

of the Arab masses in their battle with Zionism and imperialism.

4

）

Freedom is

a sacred

right and popular

democracy

is

the

ideal

formulation which insures

for the citizen the exercise of his freedom which makes him a dignified human being capable of

giving and building

，

defending the homeland in which he lives

，

and making sacrifices for the

sake of the nation to which he belongs. The homeland's freedom can only be preserved by its free

citizens. The citizen's freedom can be completed only by his economic and social liberation.

5

）

The Arab revolution movement is a fundamental part of the world liberation movement.

Our Arab people's struggle forms a part of the struggle of the peoples for their freedom

，

independence

，

and progress.

This constitution serves as a guide for action to our people's masses so that they will

continue the battle for liberation and construction guided by its principles and provisions in

order to strengthen the positions of our people's struggle and to drive their march toward the

aspired future.

Chapter 1 Basic Principles

Part 1 Political Principles

Article 1 [Arab Nation

，

Socialist Republic]

（

1

）

The

Syrian

Arab

Republic

is

a

democratic

，

popular

，

socialist

，

and

sovereign

state.

No part of its territory can be ceded. Syria is a member of the Union of the Arab Republics.

（

2

）

The Syrian Arab region is a part of the Arab homeland.

（

3

）

The people in the Syrian Arab region are a part of the Arab nation. They work and

struggle to achieve the Arab nation's comprehensive unity.

Article 2 [Republic

，

Sovereignty]

（

1

）

The governmental system of the Syrian Arab region is a republican system.

（

2

）

Sovereignty is vested in the people

，

who exercise it in accordance with this

Constitution.

Article 3 [Islam]

（

1

）

The religion of the President of the Republic has to be Islam.

（

2

）

Islamic jurisprudence is a main source of legislation.

Article 4 [Language

，

Capital]

The Arab language is the official language. The capital is Damascus.

Article 6 [Flag

，

Emblem

，

Anthem]

The

state

flag

，

emblem

，

and

the

national

anthem

are

the

flag

，

emblem

，

and

the

national

anthem of the Union of the Arab Republics.

Article 7 [Oat]

The constitutional oath is as follows

：

“

I

swear

by

God

the

Almighty

to

sincerely

preserve

the

republican

，

democratic

，

and

popular

system

，

respect the constitution and the laws

，

watch over the interests of the people and the

security of the homeland

，

and work and struggle for the realization of the Arab nation's aims

of unity

，

freedom

，

and socialism.

”

Article 8 [Baath Party]

The leading party in the society and the state is the Socialist Arab Baath Party. It leads

a

patriotic

and

progressive

front

seeking

to

unify

the

resources

of

the

people's

masses

and

place

them at the service of the Arab nation's goals.

Article 9 [Organizations]

Popular organizations and cooperative associations are establishments which include the

people's forces working for the development of society and for the realization of the interests

of its members.

Article 10 [People's Councils]

People' councils are establishments elected in a democratic way at which the citizens

exercise their rights in administering the state and leading the society.

Article 11 [Armed Forces]

The armed forces and other defense organizations are responsible for the defense of the

homeland's territory and for the protection of the revolution's objectives of unity

，

freedom

，

and socialism.

Article 12

The state is at the people's service. Its establishments seeks to protect the fundamental

rights of the citizens and develop their lives. It also seeks to support the political

organizations in order to bring about self-development.

Part 2 Economic Principles

Article 13 [Economy]

（

1

）

The state economy is a planned socialist economy which seeks to end all forms of

exploitation.

（

2

）

The region's economic planning serves in achieving economic integration in the Arab

homeland.

Article 14 [Ownership]

The law regulates ownership

，

which is of three kinds

：

（

1

）

Public ownership includes natural resources

，

public utilities

，

and nationalized

installations

and

establishments

，

as

well

as

installations

and

establishments

set

up

by

the

state.

The state undertakes to exploit and to supervise the administration of this property in the

interest of the entire people. It is the duty of the citizens to protect this property.

（

2

）

Collective ownership includes the property belonging to popular and professional

organizations

and

to

production

units

，

cooperatives

，

and

other

social

establishments.

The

law

guarantees its protection and support.

（

3

）

Individual

ownership

includes

property

belonging

to

individuals.

The

law

defines

its

social task in serving the national economy within the framework of the development plan. This

property should not be used in ways contrary to the people's interests.

Article 15 [Expropriation]

（

1

）

Individual

ownership

may

not

be

expropriated

except

for

public

interest

and

in

return

for just compensation in accordance with the law.

（

2

）

The public seizure of funds is permissible.

（

3

）

Private seizure cannot be effected except through a judicial decision.

（

4

）

Private seizure ordered by law is permissible in return for just compensation.

Article 16 [Agricultural Ownership]

The law defines the maximum of agricultural ownership in a manner that guarantees the

protection

of

the

farmer

and

of

the

agricultural

worker

against

exploitation

and

insures

increase

in production.

Article 17 [Inheritance]

The right of inheritance is guaranteed in accordance with the law.

Article 18 [Savings]

Saving is a national duty protected

，

encouraged

，

and organized by the state.

Article 19 [Taxes]

Taxes are imposed on an equitable and progressive bases which achieve the principles of

equality and social justice.

Article 20

The exploitation of private and joint economic foundations must seek to meet the social

needs

，

increase the national income

，

and achieve the people's prosperity.

Part 3 Educational and Cultural Principles

Article 21 [Goals]

The

educational

and

cultural

system

aims

at

creating

a

socialist

nationalist

Arab

generation

which is scientifically minded and attached to its history and land

，

proud of its heritage

，

and filled with the spirit of struggle to achieve its nation's objectives of unity

，

freedom

，

and socialism

，

and to serve humanity and its progress.

Article 22 [Progress]

The educational system has to guarantee the people's continuous progress and adapt itself

to the ever-developing social

，

economic

，

and cultural requirements of the people.

Article 23 [Socialist Education

，

Arts

，

Sports]

（

1

）

The nationalist socialist education is the basis for building the unified socialist

Arab

society.

It

seeks

to

strengthen

moral

values

，

to

achieve

the

higher

ideals

of

the

Arab

nation

，

to develop the society

，

and to serve the causes of humanity. The state undertakes to encourage

and to protect this education.

（

2

）

The

encouragement

of

artistic

talents

and

abilities

is

one

of

the

bases

of

the

progress

and

development

of

society

，

artistic

creation

is

based

on

close

contact

with

the

people's

life.

The state fosters the artistic talents and abilities of all citizens.

（

3

）

Physical

education

is

a

foundation

for

the

building

of

society.

The

state

encourages

physical education to form a physically

，

mentally

，

and morally strong generation.

Article 24 [Science

，

Intellectual Property]

（

1

）

Science

，

scientific research

，

and all scientific achievements are basic elements

for the progress of the socialist Arab society. Comprehensive support is extended by the state.

（

2

）

The

state

protects

the

rights

of

authors

and

inventors

who

serve

the

people's

interests.

Part 4 Freedom

，

Rights

，

Duties

Article 25 [Personal Freedom

，

Dignity

，

Equality]

（

1

）

Freedom is a sacred right. The state protects the personal freedom of the citizens

and safeguards their dignity and security.