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The power to review laws is exclusive to the president of the Republic and can in no way be transmitted to the Cabinet, with the president being the protector of the Constitution.
The Cabinet adjudicating on files that are exclusive to the president of the Republic remains a polemic topic. In fact, the government, which, according to the constitution, has a caretaking responsibility in a strict sense, is defending its position: the constitution itself stipulates that, in the event of a presidential vacuum, the prerogatives of the president are handed over to the council of ministers as a whole. However, the Christian parties did not take that lightly and proceeded to criticize the Cabinet, saying that it is claiming powers exclusive to the president. This is precisely what prompted certain deputies to react and say that the council of ministers sending back laws to the Parliament for review is not a prerogative of the Prime Minister, nor is it the Cabinet’s. The MPs added that the constitution gives this power to the president as soon as he takes the oath to always abide by this body of law.
In its last session, the Cabinet sent back three laws to Parliament, pertaining to the demands of private schools and the education committee and the financial support for the indemnity fund. This act went far from unnoticed by the aforementioned parties, and the Maronite Patriarch, Beshara al-Rai, refused the sidelining of the president’s role, a position he defended on more than one occasion, calling for compliance with the Constitution and the National Pact.
In this context, according to opposition sources interviewed by ‘Houna Loubnan,’ infringing on the president’s prerogatives has become common practice, and all efforts aimed at highlighting its anti-constitutional aspect within the Cabinet are deemed irrelevant, especially when these violations are committed in the context of a presidential vacuum. The sources added that some parties intend to usurp the role of president and that the Cabinet should stop playing this role “because it ought to.” They also indicated that finalizing the presidential deadline dossier is an entry into this problematic situation and that one cannot keep going in the same direction because of the vacuum. Finally, sources expressed fear over a possible plan to keep this vacuum in order to change the system and stated that the best way to hinder anti-constitutional decision-making is to appeal before the relevant parties.
It is commonly known that, after the government sends back laws, the ball becomes in the Parliament’s court. But what does the constitution stipulate when it comes to the steps taken by the Cabinet in this regard?
In an interview with Houna Loubnan, constitutional expert Saïd Malek stated that the current government is caretaking in the strict sense and is operating in the context of a presidential vacuum that has lasted over a year already. And while it is true that the Cabinet is facing numerous challenges that require solid decision-making — given the absence of a President — the Prime Minister must balance things out very thoroughly without stepping on the prerogatives of the head of state. As a matter of fact, Article 62 of the Constitution stipulates that some powers are transmitted to the Cabinet while others remain exclusive to the President, notably those mentioned in Article 53 and other texts. As for the power that allows for the review of laws, it is limited to the president of the Republic, as per Article 50 of the Lebanese Constitution.
Malek added, “Is Prime Minister Mikati doing this on purpose?” We hope it is not the case, as every decision-making body has its own prerogatives that should not be infringed upon, especially if the targeted body in question is the presidency, which guarantees unity. The solution lies in immediate presidential elections, as this situation cannot be made to continue. If that’s the case, things will go from bad to worse, and the abuse of power will grow even more severe, affecting the state, the country, and its people.
