Sadek: The Constitutional Council has overstepped the principle of separation of powers
MP Waddah Sadek wrote on X:
This is not the first time the Constitutional Council has intervened in the powers of Parliament. After selectively striking down provisions of the Lebanese University law, paving the way for the university president’s term to be extended contrary to what Parliament had approved, it has now once again overstepped its authority in the general amnesty law by modifying certain provisions, leaving those who have suffered injustice before the Military Court, as well as those who have spent years in detention without trial, excluded from the amnesty.
The Constitutional Council does not have an independent mandate to interpret laws. However, in reviewing their constitutionality, it may adopt an interpretation of a provision if that interpretation is supported by its wording and brings it into conformity with the Constitution.
But if a reservation introduces a new legal provision or broadens exceptions in a way that changes the legal effect of the text, it raises concerns that constitutional review has crossed into the legislative function, which remains Parliament’s exclusive responsibility or authority..
From this standpoint, what has happened constitutes a serious breach of the principle of separation of powers and a direct threat to the future of legislative work in Lebanon. More to come.
