The guardian of Lebanon’s Constitution

In democratic systems, constitutional councils serve as a mechanism to ensure that public authorities exercise their powers within the limits established by the Constitution. They protect constitutional principles, safeguard fundamental rights, and prevent legislation from contradicting higher legal norms.

In Lebanon, the Constitutional Council has been responsible for reviewing the constitutionality of laws and ruling on disputes related to presidential and parliamentary elections. However, despite its important role, the Council has faced recurring challenges linked to political interference, institutional constraints, and the broader weakness of constitutional culture.

A period of significant constitutional development

Assessing the Council’s previous mandates, Messarra considered that the first Constitutional Council and the Council that served between 2009 and 2019 were among the most important phases in the institution’s history.

The 2009-2019 Council represented a period of deep constitutional justice.

According to him, the 2009-2019 period represented a particularly productive stage in the development of constitutional jurisprudence in Lebanon. During this period, the Council expanded its engagement with constitutional questions, published decisions and studies, and developed cooperation with international constitutional institutions, including the Venice Commission.

Messarra believed that the Council’s work during that period reflected a deeper understanding of constitutional justice, moving beyond the simple interpretation of legal provisions toward examining broader principles related to rights, freedoms, separation of powers, and the foundations of democratic governance.

Constitutional justice as a distinct field of expertise

One of Messarra’s main concerns is what he described as a lack of sufficient understanding of constitutional justice as a distinct legal discipline.

Constitutional justice is a new and very profound field, which requires depth and continuous learning.

While Lebanese law requires Constitutional Council members to have extensive professional experience in the judiciary, academia, or legal practice, Messarra argued that years of experience alone do not necessarily guarantee the ability to exercise constitutional review.

According to him, constitutional justice represents a separate field requiring familiarity with constitutional philosophy, comparative law, public affairs, and the experiences of constitutional courts around the world.

He recalled that when he joined the Council, he approached the position with the mindset of a student, studying over 200 books and references on constitutional justice from Europe, Africa, the Americas, and international institutions.

For Messarra, members of the Constitutional Council must not only possess legal qualifications but also demonstrate significant contributions to public life, legal thought, and constitutional debate.

The political challenge facing the Council

Beyond questions of expertise, the Constitutional Council has long faced concerns regarding the influence of political considerations on appointments and its functioning.

Messarra stressed that constitutional justice cannot be based on political clientelism, arguing that appointments should be based on competence, independence, and constitutional knowledge.

He also referred to previous cases where political disputes affected the Council’s ability to function, including situations where the lack of quorum prevented it from issuing decisions.

According to him, members of the Council must maintain complete independence because their role is precisely to oversee the exercise of power by political institutions. "Any perception that appointments are based on political loyalty rather than qualifications risks weakening public confidence in constitutional review," he noted.

Should constitutional review be expanded?

Another major debate surrounding the Constitutional Council concerns access to constitutional review.

Currently, the right to challenge the constitutionality of laws is limited to specific authorities: the President of the Republic, the Speaker of Parliament, the Prime Minister, ten members of Parliament, and recognized religious authorities in matters related exclusively to personal status, freedom of belief, religious practice, and religious education.

Messarra considered Lebanon’s system among the most restrictive in this regard and supports expanding the framework of constitutional review. However, he cautioned against automatically allowing unrestricted individual petitions; as various countries who applied such a framework proved to be discouraging.

Instead, he advocated strengthening institutional mechanisms, including greater involvement from Parliament, professional associations, and organized groups, to ensure that constitutional challenges remain serious and connected to broader public interests, rather than becoming tools for individual disputes.

We need to expand access to constitutional review while preserving its seriousness.

He noted that parliamentary petitions have historically played an important role, as there has always existed a group of ten MPs that has brought significant challenges before the Council concerning major constitutional issues.

Building constitutional culture: The educational role of the Council

For Messarra, the importance of the Constitutional Council extends beyond simply annulling unconstitutional laws. Its decisions serve both a legal and educational function, as they clarify constitutional principles and contribute to building a stronger constitutional culture among citizens, lawmakers, and legal professionals.

The decisions of the Constitutional Council do not only resolve disputes; they guide legislation and contribute to legal education.

According to him, constitutional rulings should not be viewed merely as responses to legal challenges, but as instruments that shape legislation, influence legal education, and strengthen public understanding of the relationship between state institutions and individual rights. In this sense, the Council is not only a judicial body resolving disputes but also an institution that contributes to the development of democratic practice.

However, Messarra believed that one of the main challenges facing constitutional justice in Lebanon is the weakness of constitutional culture itself. Beyond political obstacles, insufficient understanding of constitutional principles among some legal practitioners and public officials can affect the quality of constitutional debates and decisions.

He argued that Lebanon needs to view the Constitution not merely as a legal document, but as the foundation governing relations between institutions and protecting citizens’ rights. Messarra asserted that "promoting deeper constitutional knowledge, ensuring the independence of the Council, and appointing members with the necessary expertise remain essential steps for enabling the institution to fully perform its role as a guardian of the Constitution."

Understanding Lebanon’s Constitutional Council

The Lebanese Constitutional Council was established in 1993 through Law No. 250/1993, following Article 19 of the Constitution as amended in 1990. The constitutional provision created the Council to monitor the constitutionality of laws and to decide disputes and appeals arising from presidential and parliamentary elections. The Council’s internal organization and procedures were later regulated through Law No. 243/2000.

The Council is composed of ten members. Five are appointed by Parliament and five by the Council of Ministers. Parliamentary appointments require an absolute majority in the first round and a relative majority in the second round, while government appointments require a two-thirds majority of Cabinet members.

Members serve a six-year, non-renewable mandate. They are selected among senior judges, university professors specialized in law, political science, or administrative sciences, and lawyers who have practiced their profession for at least 25 years. Candidates must also meet age requirements and submit their candidacy with a detailed curriculum vitae.

The Council’s primary responsibilities are divided into two areas. The first is constitutional review, through which it examines whether laws and texts having the force of law comply with the Constitution. If a provision is found unconstitutional, the Council may annul it. The second concerns electoral disputes, including challenges related to parliamentary and presidential elections.

The decisions of the Constitutional Council are final and binding on public authorities and judicial and administrative bodies. As an independent constitutional body with judicial authority, it represents one of the main safeguards of constitutional supremacy and the rule of law in Lebanon.