Speech
Ahmad al-Sharaa  ·  2026-08-02 00:00

Al-Khalif: Constitutional Court seeks active role in ensuring the separation of powers

Damascus, Aug 1 (SANA)President of the Supreme Constitutional Court Dr. Issam al-Khalif affirmed that, following its reconstitution, the Court has begun establishing the legal framework governing its work and is seeking to fully assume its constitutional role in safeguarding the Constitutional Declaration, reviewing the constitutionality of legislation, and adjudicating disputes between the legislative, executive and judicial authorities, in a manner that reinforces judicial independence and consolidates the rule of law and institutional governance.

In an interview with SANA, Dr. al-Khalif said that one of the Court’s first tasks after its reconstitution was to review the draft law regulating its functions and jurisdiction, prepared by a committee of the General Secretariat of the Presidency of the Syrian Republic, in addition to drafting the Court’s financial regulations.

Dr. Al-Khalif noted that the Court’s members deliberated the draft law during two extensive sessions held over a two-week period, ahead of referring it to the General Secretariat of the Presidency of the Syrian Republic to complete the legal procedures required for its enactment through the People’s Assembly and President of the Syrian Arab Republic Ahmad Al-Sharaa.

He added that the draft law defines the conditions for Court membership, the procedures governing the termination of members’ service, the Court’s jurisdiction and powers, and the legal procedures regulating the exercise of its constitutional mandate.

Court’s Mandate and Constitutional Jurisdiction

Dr. Al-Khalif said the Supreme Constitutional Court is entrusted with key constitutional responsibilities, including interpreting the Constitutional Declaration, conducting constitutional review of legislation, and settling disputes between the three branches of government.

He explained that constitutional review comprises prior constitutional review and subsequent constitutional review.

Subsequent constitutional review, he said, is exercised after legislation has been adopted by the People’s Assembly, whereby the Court examines its conformity with the Constitutional Declaration in accordance with the prescribed legal procedures.

Prior constitutional review, meanwhile, includes providing constitutional opinions on draft legislation referred by the executive authority, reviewing legislative proposals submitted by the People’s Assembly, and adjudicating constitutional objections concerning legislative provisions referred by the Court of Cassation, the Courts of Appeal, and the Supreme Administrative Court, where sufficient legal grounds exist.

Addressing the Court’s role in maintaining the separation of powers, Dr. Al-Khalif said the Supreme Constitutional Court is responsible for applying the Constitutional Declaration, which defines the powers of the legislative, executive and judicial authorities.

He added that whenever positive or negative jurisdictional disputes arise between these authorities, the Court is constitutionally mandated to adjudicate such disputes in accordance with the powers assigned to it under the Constitutional Declaration.

Review of the Legislative Framework

Regarding the review of Syria’s legislative framework, Dr. Al-Khalif stressed that this responsibility primarily rests with the People’s Assembly, while the Court’s role is limited to providing constitutional opinions on draft laws and legislative proposals.

He pointed out that one of the People’s Assembly’s priorities is to examine fundamental legislation, which forms the legal basis for subsequent laws, including the Basic Labour Law, the Financial System Law and the Contracts Law.

He added that such legislative integration among state institutions would help remove obstacles to achieving the public interest while consolidating fundamental constitutional principles and safeguarding rights.

Strengthening Judicial Independence

Responding to a question about restoring public confidence in Syria’s judicial system after more than five decades, Dr. Al-Khalif stressed that the Supreme Constitutional Court is the Syria’s highest judicial authority responsible for constitutional review and the settlement of disputes between state authorities.

He explained that the Court does not hear ordinary judicial disputes but exercises its constitutional mandate exclusively in accordance with the Constitutional Declaration.

The Court, he said, seeks to strengthen the independence of the judiciary by ensuring that judges are able to issue their rulings with complete independence, subject only to the law and their professional conscience.

Concluding the interview, Dr. Al-Khalif affirmed that the Court looks forward to fully carrying out its constitutional responsibilities in safeguarding the Constitutional Declaration and reinforcing the principle of the separation of powers.

He added that raising public awareness of the Court’s constitutional mandate would contribute to strengthening confidence in state institutions and enhancing institutional integration in a manner that serves the public interest.

President Ahmad al-Sharaa issued Legislative Decree No. 149 of 2026 on July 7, appointing Dr. Issam Khaled Al-Khalif as President of the Supreme Constitutional Court.

The decree also stipulates that, pending the promulgation of the law regulating the Court’s work, the Court shall exercise constitutional review of laws and regulations and provide opinions on the constitutionality of draft legislation upon the request of the President of the Republic.