Lebanese President

Lebanon has a President that is elected by the Parliament. This is similar to one of the models proposed by Australian Republicans in 1999. Lebanon has a paralysed parliament and the Presidency's position has been vacant for two years now. The government recently nominated General Michel Suleiman, but this poses constitutional issues as he is not constitutionally eligible for the position. There will probably be more paralysis while the constitution is amended to allow a General to take the position.

The Lebanese constitution is a confessional one, where the bodies of government are gerry-mandered depending on religion. It is not a republican or liberal constitution for this reason. Article 24 contains the electorally confessional clauses:

(1) The Chamber of Deputies is composed of elected members; their number and the method of their election is determined by the electoral laws in effect. Until such time as the Chamber enacts new electoral laws on a non-confessional basis, the distribution of seats is according to the following principles:

a. Equal representation between Christians and Muslims.

b. Proportional representation among the confessional groups within each religious community.

c. Proportional representation among geographic regions.

(2) Exceptionally, and for one time only, the seats that are currently vacant, as well as the new seats that have been established by law, are to be filled by appointment, all at once, and by a majority of two thirds of the Government of National Unity. This is to establish equality between Christians and Muslims as stipulated in the Document of National Accord [The Taif Agreement]. The electoral laws will specify the details regarding the implementation of this clause.

The constitution describes the President's powers:

(1) The President of the Republic is the bead of the state and the symbol of the nation's unity. He shall safeguard the constitution and Lebanon's independence, unity, and territorial integrity. The President shall preside over the Supreme Defense Council and be the Commander-in-Chief of the Armed Forces which fall under the authority of the Council of Ministers.

(2) The President of the Republic shall be elected by secret ballot and by a twothirds majority of the Chamber of Deputies. After a first ballot, an absolute majority shall be sufficient. The President's term is for six years. He may not be re-elected until six years after the expiration of his last mandate. No one may be elected to the Presidency of the Republic unless he fulfills the conditions of eligibility for the Chamber of Deputies.

(3) It is also not possible to elect judges, Grade One civil servants, or their equivalents in all public institutions to the Presidency during their term or office or within two years following the date of their resignation or their leaving office for whatever reason.

It is the final clause which disqualifies Suleiman. The Lebanese President is a bit stronger than a ceremonial President. The Lebanese President is guided by the Constitutional Council (Executive Council in the Australian Constitution) which is headed by the Prime Minister. But the President can actively take part in the negotiation of international treaties.

The Lebanese President has the power of veto, and also some emergency powers to expedite laws. The Prime Minister is explicitly mentioned in the Lebanese Constitution (the PM is not in the Australian Constitution) and the PM's powers layed out:

The Prime Minister is the Head of Government and its representative. He speaks in its name and is responsible for executing the general policy that is set by the Council of Ministers. He exercises the following powers:

1. He heads the Council of Ministers and is ex officio Deputy Head of the Supreme Defense Council.

2. He conducts the parliamentary consultations involved in forming a Cabinet. He signs, with the President, the Decree forming the Cabinet. The Cabinet must present its general statement or policy to the Chamber and gain its confidence within thirty days of the date of issuance of the Decree in which the Cabinet was formed. The Cabinet does not exercise its powers before it gains the Chamber's confidence nor after it has resigned or is considered resigned, except in the narrow sense

of managing affairs.

3. He presents the Government's general policy statements before the Chamber of Deputies.

4. He signs, along with the President, all decrees, except the Decree which designates him the head of the Government, and the Decree accepting the Cabinet's resignation or considering it resigned.

5. He signs the Decree calling for an extraordinary parliamentary session, decrees issuing laws, and requests for reviewing laws.

6. He calls the Council of Ministers into session and sets its agenda, and he informs the President and the Ministers beforehand of the subjects included on the agenda and of the urgent subjects that will be discussed.

7. He supervises the activities of the public administrations and institutions, coordinates among the Ministers and provides general guidance to ensure the proper progress of affairs.

8. He holds working meetings with the competent authorities in the Government in the presence of the concerned Minister.

Which leaves no doubt that it is the Prime Minister who embodies executive power.
Permalink, Lebanese President, Dec 2007, cam

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