CONSTITUTION OF THE FREE REPUBLIC OF LEBANON

WE THE PEOPLE of the Free Republic of Lebanon, in order to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure to ourselves and to our posterity life, liberty, and property; profoundly grateful to Almighty God for these inalienable rights, and invoking His favor and guidance, do ordain and establish the following Constitution and form of government for the Free Republic of Lebanon.

ARTICLE I

DECLARATION OF THE RIGHTS OF THE PEOPLE

That the great and essential principles of liberty and free government may be recognized and established we declare

Section 1. That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness.

Section 2. That all persons born in Lebanon and residents thereof, or who are not residents but are of Lebanese nationality by birth, or who are residents and naturalized thereof, are hereby declared citizens of the Republic possessing equal civil and political rights.

Section 3. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that therefore, they have, at all times, an inalienable right to change their form of government, in such manner as they may deem expedient.

Section 4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship, nor pay any tithes, taxes, or other rate, for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust in this Republic; and that the civil rights, privileges, and capacities of any citizen shall not be in any manner affected by his religious principles.

Section 5.  That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Section 6. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures or searches, and that no warrant shall issue to search any place, or to seize any person or thing, without probable cause, supported by an oath or affirmation.

Section 7. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation; to have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and, in all prosecutions by indictment, a speedy public trial by an impartial jury of the caza in which the offense was committed; and that he shall not be compelled to give evidence against himself, nor be deprived of his life, liberty or property, but by due process of law.

Section 8.  That no person shall be accused, or arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and no person shall be punished, but by virtue of a law established and promulgated prior to the offense, and legally applied.

Section 9. That no person shall, for the same offense, be twice put in jeopardy of life or limb.

Section 10. That no person shall be debarred from prosecuting or defending, before any tribunal in the Republic, by himself or counsel, any civil cause to which he is a party.

Section 11. That all courts shall be open, and that every person, for any injury done to him in his lands, goods, person, or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial or delay.

Section 12. That excessive fines shall not be imposed, nor cruel or unusual punishments be inflicted.

Section 13. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of the Republic.

Section 14. That treason against the Republic shall consist only in levying war against it, or collaborating with its enemies, giving them aid and comfort; and that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own confession in open court.

Section 15. That no person shall be imprisoned for debt.

Section 16. That no ex post facto law, or any law impairing the obligations of contracts, or making any irrevocable grants of special privileges or immunities, shall be passed by the Majlis.

Section 17. That the exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the Majlis from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as individuals; but private property shall not be taken or applied for public use, unless just compensation be first made therefor; nor shall private property be taken for private use, or for the use of corporations without the consent of the owner; provided, however, that the Majlis may, by law, secure to persons or corporations the right of way over the lands of other corporations, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner.

Section 18. That the citizens have a right in a peaceable manner to assemble together for the common good, and to apply to those invested with the power of government, for redress of grievances, or other purposes, by petition, address, or remonstrance.

Section 19. That every citizen has the right to bear arms in defense of himself and of the Republic.

Section 20. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

Section 21. That immigration shall be encouraged, emigration shall not be prohibited, and that no citizen shall be exiled.

Section 22. That temporary absence from the Republic shall not constitute a forfeiture of residence once obtained.

Section 23. That the right to vote shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or other improper conduct.

Section 24. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and property; and when the government assumes other functions, it is usurpation and oppression.

Section 25. That this enumeration of certain rights shall not impair or deny others retained by the people.

ARTICLE II

THE STATE AND THE TERRITORY

Section 1. Lebanon is an independent, unitary, sovereign state. Its frontiers are formed by the present boundary line: North - From the mouth of the An Nahr El Kabir along a line following its course to a point of its confluence with Wadi Khalid, its tributary at the height of Jisr El Qamar. East - The summit line separating Wadi Khalid from Wadi El Assi (Orantes) and crossing the villages of Muaissara, Harbrana, Heit, Abbish, Fissan to the height of the two villages Brifa and Matriba; this line follows the northern boundaries of the Caza of Baalbek in the northwesterly and southereasterly direction, thence along the eastern boundaries of the Cazas of Baalbek, Baqa, Hasbaya and Rashaya. South - The southern boundaries of the Cazas of Sour (Tyre) and Mardjayoun. West - The Mediterranean Sea.

Section 2. No part of the Lebanese territory may be alienated or ceded.

Section 3. The boundaries of the administrative areas may not be altered except by law.

Section 4.  Lebanon is a Republic; its capital is Beirut.

Section 5. The Lebanese flag is made of red, white and red horizontal stripes, with the cedar in greed in the center of the white stripe. The size of the white stripe is equal to the size of the two red stripes together. The cedar is in the middle, its apex touching the red upper stripe and its base touching the lower red stripe, the size of the cedar shall be equal to one third of the size of the white stripe.

ARTICLE III

LEGISLATIVE POWERS

Section 1. All legislative powers herein granted shall be vested in a Majlis of the Republic, which shall consist of a Senate and a Chamber of Deputies.

Section 2. The Chamber of Deputies shall be composed of members chosen every second year by the people of the several cazas.

No person shall be a Deputy who shall not have attained the age of twenty-five years, been born in Lebanon, or of parents born in Lebanon and a resident of the Republic for at least seven years, and who shall not, when elected, be an inhabitant of that caza in which he shall be chosen.

No person shall be a Deputy, a Senator, or elector of president and vice president, or hold any office, civil or military, under this Republic who shall have engaged in insurrection or rebellion against the same, or given aid or comfort or collaboration to the enemies thereof. But, the Majlis may, by a vote of two-thirds of each house, remove such disability.

Deputies shall be apportioned, communally with 50% allocated to Christian denomination groups, and 50% allocated to Moslem and Druze denominations among the several cazas which may be included in this Republic, according to their respective numbers, which shall be determined by adding to the whole number of resident citizens of the caza, three-fifths of all other citizens born in the caza and of Lebanese nationality, but living outside of the bounds of the Republic. The actual enumeration shall be made within three years after the first meeting of the Majlis of the Republic, and within every subsequent term of ten years, in such manner as may be directed by law. The number of Deputies shall not exceed 128, but each caza shall be entitled to at least one Deputy, and until such enumeration shall be made, the cazas shall be entitled to the following:

NORTH LEBANON: Akar, Tripoli, Zgorta, Bechare, Koura and Batroun        

MOUNT LEBANON: Jbeil, Kserwan, Metn, Baabda, Aley, Chouf 

ELBEKAA, Hermel, Baalbek, Zahle, Western Bekaa          

SOUTHLEBANON: Rachaya, Saida, Nabatiya, Jezzine, Hasbaya, Tyre, Bint Jbeil, Mardjayoun      

BEIRUT:  Beirut

When vacancies occur in the representation from any caza, the executive authority shall issue writs of election to fill such vacancies.

The Chamber of Deputies shall choose their speaker and other officers; and shall have the sole power of impeachment.

Section 3. The Senate of the Republic of Lebanon shall be composed of two senators from each of the twenty five cazas, chosen by popular election of the people of the respective five national regions for a term of six years; and each senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year.

No person shall be a senator who shall not have attained the age of thirty years, been born in Lebanon, or of parents born in Lebanon and a resident of the Republic for at least seven years, and who shall not, when elected, be an inhabitant of that caza in which he shall be chosen.

The vice president of the Republic shall be the president of the Senate, but shall not have the right to vote, unless they be equally divided.

The senate shall chose their officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of the president of the Republic.

The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the Republic is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Republic; but, the party convicted shall nevertheless be liable and subject to indictment, trial, judgment; and punishment, according to law.

Section 4. The Majlis shall make regulations directing the time and manner of holding elections for senators and deputies.

The Majlis shall meet only in the capital, Beirut. The Majlis shall hold two ordinary sessions each year. The first shall open on the first Tuesday following March 15th and shall terminate at the end of the month of May. The second shall open on the first Tuesday following October 15th. It shall be primarily devoted to the discussion and adoption of the budget. It shall last until the end of the year.

The president of the Republic may convene the Majlis in special session. The date of the opening and termination of the special sessions shall be fixed by decree. The agenda shall be fixed in the decree summoning the Majlis to assemble. The president of the Republic shall be required to summon the Majlis to assemble at the request of an absolute majority of its lawful members.

Meetings of the Majlis outside of the period of session fixed by law shall be unlawful and ipso facto null and void.

Section 5. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered in the journal.

Neither house, during the session, shall without the consent of the other, adjourn for more than three days, nor to any other place than that to which the two houses shall be sitting.

Section 6. The senators and deputies shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Republic. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

No senator or deputy shall, during the time for which he was elected, be appointed to any civil office under the authority of the Republic, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Republic, shall be a member of either house during his continuance in office.

Section 7. All bills for raising revenue shall originate in the Chamber of Deputies; but the senate may propose or concur with amendments as on other bills.

Every bill which shall have passed the Chamber of Deputies and the Senate, shall, before it becomes a law, be presented to the President of the Republic; if he approves, he shall sign it, but if not, he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless congress by their adjournment prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the senate and the Chamber of Deputies may be necessary (except on a question of adjournment) shall be presented to the president of the Republic; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the senate and the chamber of deputies, according to the rules and limitations prescribed in the case of a bill.

Section 8. The Majlis shall have the power to lay and collect taxes, including taxes on incomes, from whatever source derived, to pay the debts and provide for the common defense and general welfare of the Republic of Lebanon;

To borrow money on the credit of the Republic;

To regulate commerce with foreign nations, and internally;

To establish uniform rules of naturalization, and uniform laws on the subject of bankruptcies throughout the Republic;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and currency of the Republic;

To establish post-offices and post roads;

To promote progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To establish rules governing the protection and safe guarding of antiquities;

To constitute tribunals inferior to the supreme court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money that use shall be for a longer term than two years;

To provide and maintain a navy; 

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the Republic, to : suppress insurrections and to repel invasions;

To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Republic, reserving to the cazas respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by the Majlis;

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Republic, or in any department or officer thereof.

Section 9. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.

No bill of attainder or ex post facto law shall be passed.          ,,,     , No preference shall be given by any regulation of commerce or revenue to the ports of one caza over those of another; nor shall vessels bound to or from one caza be obliged to enter, clear or pay duties in another.

No law shall be made or enforced which shall abridge the privileges and immunities of citizens of the Republic; nor shall any law be made or enforced which would deprive any person of life, liberty or property, without due process of law; nor deny to any person the equal protection of the law.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the Republic; and no person holding any office of profit or trust under it, shall, without the consent of the Majlis, accept any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.

ARTICLE IV

THE EXECUTIVE POWER

Section 1. The executive power shall be vested in the president of the Republic of Lebanon. He shall hold his office during the term of four years.

Section 2. The president, together with the vice president, chosen for the same term, shall be elected as follows:

Each caza shall appoint, in accordance with the results of a popular election held in each of the respective cazas, a number of electors equal to the whole number of senators and deputies to which the caza may be entitled in the Majlis; but, no senator or deputy, or person holding an office of trust or profit under the Republic, shall so be appointed an elector.

The electors pledged to the candidate which secured a simple majority in the popular vote within the caza shall be appointed.    The electors shall meet in their respective cazas, and vote by ballot for president and vice-president, one of whom, at least shall not be an inhabitant of the same caza as the other; they shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president, and they shall make distinct lists of all other persons voted for as president, and of all persons voted for as vice-president, and the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the Republic at Beirut, directed to the president of the senate;   The President of the senate shall, in the presence of the senate and chamber of deputies, open all of the certificates and the votes shall then be counted; The person having the greatest number of votes for president, shall be the president, if such number be a two-thirds majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the chamber of deputies shall choose immediately, by ballot, the president.   But in choosing the president, the votes shall be taken by caza, the representation from each caza having but one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the cazas, and a two-thirds majority of all of the cazas shall be necessary to a choice. Balloting shall continue until a choice is made.      And if the chamber of deputies shall not choose a president whenever the right of choice shall devolve upon them, before the 20th day of September next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president.

The person having the greatest number of electoral votes as vice-president, shall be the vice-president, if such number be a two-thirds majority of the whole number of electors appointed, and if no such person has a majority, then from the two highest numbers on the list, the senate shall chose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a two-thirds majority of the whole number shall be necessary for a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of the vice-president of the Republic of Lebanon.

The Majlis may determine the time for choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Republic. Section 3. No person except a natural-born citizen of the Republic shall be eligible to the office of the president; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the bounds of the Republic; nor shall any person be eligible to the office of president who shall have engaged in insurrection or rebellion against the Republic, or given aid or comfort or collaborated with the enemies or occupiers thereof.  But the Majlis may, by a vote of two-thirds of each house, remove such disability.

Section 4. In case of the removal of the president from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the Majlis may by law provide for the case of removal, death, resignation or inability, both of the president and vice president, declaring the following order of presidential succession: From the vice-president to the Speaker of the Chamber of Deputies, then to the Foreign Minister, then to the Defense Minister, then to the Minister of Justice, then to the Finance Minister; until the disability be removed, or a president shall be elected.

Section 5. The president shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the Republic.

Section 6. Before he enter on the execution of his office, he shall take the following oath or affirmation: - "/ swear by Almighty God to observe the Constitution and Laws of the Lebanese people and to maintain the independence of the Republic of Lebanon and its territorial integrity ".

Section 7. The president shall be the commander-in-chief of the Lebanese Armed Forces, and of the militia of the several cazas, when called into actual service of the Republic; he may require the opinion, in writing, of the principal officer in each of the Ministries, upon any subject relating to the duties of their respective offices, and he shall have the power to grant reprieves and pardons for offenses against the Republic of Lebanon, except in cases of impeachment.

He shall have the power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public Ministers and consuls, judges of the supreme court, and all other officers of the Republic of Lebanon, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Majlis may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of the Ministries.

Section 8. The President shall, from time to time, give the Majlis information concerning the state of the Republic, and recommend to their consideration such measures as he shall judge necessary and expedient; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all officers of the Lebanese Armed Forces.

Section 9. The president, vice-president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE V                
THE JUDICIAL POWER

Section 1. The judicial power of the Republic of Lebanon shall be vested in one Supreme Court, and in such inferior courts as the Majlis may from time to time ordain and establish. The judges, both of the supreme court and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Republic, and treaties made, or which shall be made, under their authority; to interpret any law passed by the Majlis or any other duly assembled law making authority within and among the several cazas, upon petition duly made, and review it to determine its comport with this Constitution, and to render such law null and void in the event that it does not comport with this Constitution; to all cases affecting ambassadors, or other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Republic is a party.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a caza shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Majlis shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the caza where the said crimes shall have been committed.

Section 3. Treason against the Republic of Lebanon, shall consist only in levying war against the Republic, or the government organized under the Constitution of 1943, or in collaborating with its enemies, those being persons or governments which committed aggression against the Republic or occupied, in violation of international law, any part of the national territory of the Republic, giving them aid and comfort.

ARTICLE VI

Section 1.   The citizens of each caza shall be entitled to all privileges and immunities of citizens in the several cazas.

Section 2. A person charged in any caza with treason, felony, or other crime, who shall flee from justice, and be found in another caza, shall on demand of the executive authority of the caza from which he fled, be delivered up, to be removed to the caza having jurisdiction of the crime.

Section 3. The Republic of Lebanon shall guarantee to every citizen residing in the several cazas a republican form of government, and shall protect each of them against invasion; and on application of the executive authority of the caza, against domestic violence.

ARTICLE VII

The Majlis, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or on application of governing councils in two-thirds of the several cazas, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the popular vote in three-fourths of the several cazas.

ARTICLE VIII

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be valid against the Republic of Lebanon under this Constitution as under the Constitution of 1943.

This Constitution, and the laws of the Republic of Lebanon which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the Republic of Lebanon, shall be the supreme law of the land; and the judges in every jurisdiction shall be bound thereby, anything in the laws or ordinances of any caza to the contrary notwithstanding.

The senators and deputies before mentioned, and the members of any governing council established in the several cazas, as well as all executive and judicial officers, both civilian and military, shall be bound by oath or affirmation, to support this Constitution; but no religious tests shall ever be required as a qualification to any office or public trust under this Constitution of the Republic of Lebanon.

ARTICLE IX

Ratification by  majority vote in each of nineteen cazas, shall be sufficient for the establishment of this Constitution between the cazas so ratifying the same.

Those cazas not voting to ratify this Constitution shall be administered as territories belonging to the Republic and shall be administered directly by the Majlis, which shall have the power to dispose of and make all needful rules and regulations respecting the said territories. Territories may be admitted into the Republic upon application made to the Majlis and a popular vote in which a majority of the people in the territory ratify this Constitution.

DONE, in convention by the unanimous consent of the

delegates from the cazas present the____day of______________________________, 20__, and the ________ year of independence of Lebanon.

IN WITNESS WHEREOF, we have hereunto subscribed our names,