Briefing Note:
Amending the Constitution in Lebanon
29 November 2007
IFES Lebanon
At least ten Deputies may propose an
See amendment to the Constitution
Constitution
Art. 77
The Chamber of Deputies approves the
proposed amendment with a
⅔ majority of its total membership
Speaker of Parliament sends the proposed
amendment to Council of Ministers
The Council of Ministers approves
proposed amendment by a ⅔ majority
Constitution
If the Council of Ministers does not
approve the proposed amendment by
a ⅔ majority, it is returned to the Chamber
of Deputies under a separate procedure
described below.
See Constitution The Cabinet of Ministers prepares a draft
Arts. 76 and 77 bill to amend the Constitution
and sends to the Chamber of Deputies
See Constitution The Chamber of Deputies holds a
Art. 79 session with a quorum of ⅔ of its total
membership to discuss and vote on the
draft bill to amend the Constitution.
See Constitution The Chamber of Deputies approves the
Art. 79 draft bill to amend the Constitution by a
majority vote of at least ⅔ of its total
membership
See The Presidency promulgates the
Constitution amendment to the Constitution but has
Arts. 51, 56,
the right to request that the Chamber of
57 and 79
Deputies to reconsiders the bill.
If the Council of Ministers does not
approve by a ⅔ majority the proposed
amendment, it is returned to the Chamber
of Deputies. It is then put to a new vote. If
it gains the approval of ¾ of all members,
the Presidency must either support the
proposed amendment or instruct the
Cabinet of Ministers to call new
parliamentary elections
Outline of the process to amend the Lebanese Constitution
This IFES Lebanon document has been prepared for internal briefing purposes only and is not to be considered an official IFES document.
Amending the Lebanese Constitution
This chart provides an outline of the steps needed to
amend the Lebanese Constitution. The process,
which involves the Presidency, the Council of
Ministers and the Parliament, is detailed in a number
of Articles in the current Constitution. As of 24
November, in the absence of an elected President,
The Presidency the Presidency and the exercise of presidential
(i.e. currently the
Council of Ministers)
powers are held by the Cabinet of Ministers.
proposes an Options for Proposing an Amendment
amendment to the
Constitution
There are two options for proposing an amendment
to the Constitution.
See ▪ Option One The Presidency/Council of Ministers
initiates the amendment process and
Art. 76
prepares a draft bill.
▪ Option Two Parliamentary Deputies initiate the
amendment process, requiring a
⅔ majority vote of all Deputies and
the Cabinet of Ministers.
Quorum and Majority Issues
The Constitution requires that the Chamber of
Deputies must have a quorum of two-thirds to
discuss and vote upon a proposed amendment to the
Constitution: “… when a majority of two-thirds of the
members lawfully composing the Chamber are
present”(Art. 79). However, it may still be necessary
to clarify whether this means two-thirds of the 128
parliamentary seats or the current 127 Deputies.
For an amendment to the Constitution, the Council
of Ministers must take decisions by consensus or by
“the approval of two-thirds of the Cabinet named in the
decree of its formation” (Art 65). Currently, the
Council of Ministers only functions with two-thirds of
the members contained in its decree of formation.
Parliamentary Business Priorities
If a proposal to amend the Constitution is attempted
before the election of a President, there appear to be
contradictory provisions within the Constitution as
to what should be the priority to be discussed by the
Chamber of Deputies. In the case of a presidential
vacancy, parliament “shall meet immediately to elect a
new president” (Art 74) and “to proceed without
discussion of any other Act.” (Art 75). However,
where a bill to amend the Constitution is submitted,
parliament “must confine itself to its discussion before
any other work until a final vote is taken” (Art 78). In
the current political circumstances, the priority of
business is likely to be determined by whether an
amendment to the Constitution is needed in order to
elect a President (e.g. by removing the constitutional
bar against public servants standing as candidates).