The Lebanese Constitution: A century of endurance and crisis

A constitution constitutes the fundamental legal and political framework upon which a state is established and governed. Beyond merely organizing public institutions, it embodies the collective principles, aspirations, and identity of a nation, while simultaneously defining the relationship between the state and its citizens.

A century ago, a foundational document was adopted by the founding fathers of Lebanon: The Lebanese Constitution. Ratified on 23 May 1926, the latter remains the oldest in the Arab World still in force, despite having undergone radical amendments over time as it sought to balance and reconcile the principles of modern statehood with the mosaic composition of Lebanese society.

As Lebanon concludes the centennial of its constitution’s existence, questions have arisen concerning its continued relevance and ability to adequately address the challenges of the contemporary era.

How did today’s Lebanese Constitution come to be?

Although the Lebanese Constitution was amended multiple times (including in 1929, 1947-1948, and 1976), we will only be highlighting the most influential and significant ones below.

The Establishment of the 1926 Lebanese Constitution and the First Republic

The Lebanese Constitution emerged under the French Mandate (1923-1943) in accordance with the obligations imposed on the mandatory power by the League of Nations (1920-1946). Following the arrival of High Commissioner Henri de Jouvenel in 1925, a constitutional committee, known as the “Committee of Thirteen,” was elected by the Representative Council to draft the constitutional framework of Greater Lebanon. The committee included the following:

Abboud Abdel Razzaq, Chebl Damous, Fouad Arslan, George Thabet, George Zwein, Michel Chiha, Moussa Nammour, Omar al-Daouk, Petro Trad, Rookoz Abu Nader, Sobhi Haidar, Youssef al-Zein, and Youssef Salem.

Influenced by the Constitution of the French Third Republic (1870-1940), the document nevertheless realized and incorporated Lebanon’s sectarian particularities through Article 95, which institutionalized sectarian representation in state institutions as a guarantee of peaceful coexistence amongst its pre-existing sects. The Constitution was thus drafted in French by Michel Chiha and translated into Arabic by Chebl Damous, officially transforming the country from direct French military administration into a constitutional republic.

Michel Chiha (1891-1954) was a prominent Lebanese politician, recognized as one of the founding fathers of the Lebanese Constitution in 1926.

The 1927 amendment

The first amendment resulted from persistent conflicts between the Chamber of Deputies and the Senate over legislative powers. It thus abolished the bicameral system and merged both institutions into a single parliamentary chamber that we know today.

The 1943 amendment: The constitutional foundation of Lebanon’s independence

Adopted during the independence struggle under President Bechara el-Khoury and Prime Minister (P.M.) Riad al-Solh, the third amendment abolished all constitutional provisions linked to the French Mandate and affirmed Lebanon’s sovereignty, thus provoking a direct confrontation with the French authorities.

The 1990 amendment: The 1989 Taif Agreement and the rise of the Second Republic

One of Lebanon’s most consequential constitutional amendments was derived from the 1989 Taif Agreement, officially known as the “National Accord Document.” The Agreement in its entirety, including the provisions that were not incorporated into the Constitution, acquired binding legal force. Consequently, it established the foundations of the country’s “Second Republic,” as it shifted the system of governance from a strong presidential system to a more balanced parliamentary one.

The most prominent amendments introduced were the following:

Founding the Preamble of the Constitution

A new constitutional preamble was introduced, affirming Lebanon’s Arab identity (abandoning its earlier notion of recognizing the country as having “an Arab face”), its unity, and its finality as a homeland for all its citizens, while rejecting partition and permanent settlement. The Preamble outlines the philosophy and foundations upon which the Lebanese political system rests.

Reducing the powers of the President of the Republic in favor of the Council of Ministers

Prior to the Taif Agreement, the President of the Republic possessed extensive constitutional powers. Following the 1989 amendments, many of these powers were transferred to the Council of Ministers “collectively,” thereby strengthening the role of the government and the P.M., while rendering the President more of a symbolic figure of governance and of the “nation’s unity” rather than an effective ruler.

Ensuring parity between Muslims and Christians

The new amendments institutionalized Muslim-Christian parity, establishing equal representation in Parliament and in senior public offices, thus replacing the previous parliamentary representation ratio that favored Christians over Muslims (from a 6:5 ratio to a 50:50 arrangement).

Gradually abolishing consociationalism

The new constitution recognized the abolition of political sectarianism as a “fundamental national objective,” calling for the establishment of a national committee tasked with devising a gradual plan to achieve this goal.

Establishing the Constitutional Council

The new amendments established the Constitutional Council, tasked with monitoring the constitutionality of laws as well as adjudicating disputes and appeals arising from presidential and parliamentary elections.

Extending state sovereignty over all Lebanese territory

The 1989 National Accord Document affirmed state exclusivity of arms across all Lebanese territory, dissolving all Lebanese and foreign non-state armed actors and ensuring their disarmament.

Expanding administrative decentralization

The 1989 National Accord Document advocated broad administrative decentralization in order to promote local development and reduce excessive centralization.