The Lebanese Constitution: A Legacy of the Mandate's Will or a Reflection of the People's Aspirations?

The constitution is the highest legal and political document of any state. It defines the system of governance, organizes the functioning of its authorities, guarantees the rights of individuals and groups, and embodies the people's aspirations for the future. However, the origins of the Lebanese Constitution in 1926 remain a contentious topic. Many legal scholars argue that it was more a product of the French Mandate's will than a reflection of the Lebanese people's aspirations.

The Lebanese Constitution and the Mandate Authority's Will

Some constitutional law scholars believe that the Lebanese Constitution was entirely designed and drafted by the French Mandate authorities, without meaningful involvement from the Lebanese people or their representatives. This view is supported by political and historical evidence from that era. These scholars point to statements made by French Prime Minister Aristide Briand in the French Senate in 1925, where he promised to involve the Lebanese in drafting the basic laws. However, this promise was never realized in practice.

The draft constitution was prepared by the French authorities and quickly presented to the Lebanese Representative Council, which only discussed it over four days before it was officially promulgated by the High Commissioner on May 23, 1926. Historians suggest that the Representative Council's role was merely to endorse the draft as prepared by General Sarrail, highlighting the dominance of the Mandate authorities' will over that of the Lebanese people.

The Constitution as an Exceptional Grant

One of the undemocratic methods of constitution-making involves issuing the constitution as a gift or grant from the ruler. In this context, the ruler or king (in this case, the French High Commissioner) unilaterally promulgates a constitution and presents it to the people as a grant or gift, or as a declaration of the transfer of his authority from absolute rule to constitutional governance. This approach undermines the democratic spirit and denies the people the opportunity to actively participate in the development of their own constitution. A different group of scholars concurs with this view, characterizing the Lebanese constitution as a 'grant of an exceptional nature.' They contend that while the grant method is typically associated with national authorities, it may also be employed by a foreign power in situations where the mandated state lacks full sovereignty, as was the case with Lebanon.

Analyzing the Constitution's Origins

Examining the circumstances surrounding the issuance of the Lebanese Constitution reveals that Lebanon at the time was under foreign occupation disguised as a mandate. The French authorities blatantly disregarded the provisions of the Mandate Charter, marginalizing the role of the Lebanese Representative Council in drafting the constitution. Instead, they imposed a pre-prepared constitution inspired by the French political system, without considering the needs and aspirations of the Lebanese people.

Moreover, the process of discussion and adoption was rushed. Lebanese bodies were not given sufficient time to thoroughly review the constitutional provisions. Instead, they were pressured to approve it quickly under the mandate's coercive influence. This haste was explicitly justified by statements from the French government's delegate, Mr. Souchet. The entire approach was part of a clear French strategy to consolidate their political control over Lebanon, as reflected in the first article and other constitutional provisions designed to entrench the Mandate's authority within Lebanon's governance.

Conclusion

The Lebanese Constitution of 1926 was more a reflection of the French Mandate authority's will than an expression of the Lebanese people's aspirations. Despite later efforts to adapt this constitution to the needs of Lebanese society, its origins remain a testament to the challenges faced by colonized nations in achieving full sovereignty.

References

• Mohammad Al-Majzoub, Constitutional Law and the Political System, Al-Halabi Legal Publications, p. 6.

• Mohsen Khalil, Sectarianism and the Lebanese Constitutional System, p. 561.

• Sobhi Al-Mahmassani, The Constitution and Democracy, Al-Sanah Publishing House, p. 60, cited in Ibrahim Shiha, The Previous Reference, p. 555.

• Qablan Abdul Munem Qablan, The Constitutional Institution in Lebanon: Between Text and Practice in Light of the Taif Agreement, Sader, Beirut, 2004, p. 36.

Design by Lynn Fanous