Judgment Reviews Law at Syria
In Syria, the legal framework for judicial review is complex and has evolved, especially following the 2025 transition from the Assad regime. Historically, judicial independence was constitutionally guaranteed; however, the practical application of this principle was often compromised by the executive branch's influence. The 2025 Interim Constitution aims to establish a more independent judiciary, though challenges persist.
⚖️ Judicial Review Under the Assad Regime
Under the 1973 Constitution, the Supreme Constitutional Court (SCC) was tasked with reviewing the constitutionality of laws and decrees. However, its independence was questionable, as members were appointed by the president and served renewable terms. This structure often led to decisions aligning with executive interests, undermining the court's role as an impartial constitutional arbiter. Additionally, the SCC could not review laws enacted through popular referendums, further limiting its oversight capabilities
🏛️ Judicial Reforms in the 2025 Interim Constitution
The 2025 Interim Constitution, adopted after the fall of the Assad regime, mandates the dissolution of the existing Supreme Constitutional Court and the establishment of a new court with seven members appointed by the president While this composition suggests a continuation of executive influence, the constitution emphasizes the judiciary's independence and outlines procedures for judicial appointments and oversight
🏛️ Supreme Judicial Council (SJC)
The Supreme Judicial Council, chaired by the president, oversees judicial appointments, transfers, and dismissal. While the constitution guarantees judicial independence, the SJC's structure and leadership raise concerns about potential executive influence over the judiciary
⚖️ Administrative and Military Courts
Syria's legal system includes administrative courts, such as the Council of State, which handles disputes involving state entities. However, these courts may face challenges related to independence and impartiality. Additionally, military courts have historically had jurisdiction over civilians in cases deemed related to national security, raising concerns about due process and fair trial standards
⚖️ Prospects for Judicial Reform
The establishment of a new Supreme Constitutional Court and reforms outlined in the Interim Constitution signal a commitment to judicial independence. However, the effectiveness of these reforms will depend on the implementation of transparent judicial appointments, the establishment of independent oversight mechanisms, and the judiciary's ability to operate free from executive interference. International support and monitoring may also play a crucial role in ensuring the success of these reform.
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