Overview of the Rule of Law in Lebanon

Original contribution by Vida Hamd, Doctoral Candidate, and Research Officer at the Common Space Initiative: Support Office for Dialogue, Civil Peace, and Constitutional Strengthening

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The rule of law in Lebanon is characterized by an inconsistency

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of the law

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and by a disparity between law and practice. The 1990 amendments to the Lebanese Constitution

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launched  the basic structures for the rule of law

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. At the same time, they  introduced the system of Ta’efiya, or confessionalism,

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that distributes political and institutional power proportionally among Christian and Muslim sects

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, and has undermined all efforts to establish the ’State of Law’. Passed as a temporary mechanism for embracing religious and sectarian diversity, confessionalism, was transformed from a mechanism for partnership and peaceful coexistence to a tool that compromises the prevalence of the law. Post war governments focused on rebuilding infrastructure and promoting economic growth instead of a top down reform approach that strengthens and develops institutions to which the legislative, executive and judicial powers devolve.  Successive and protracted political and economic crisis continue to hamper the strengthening of the rule of law despite the political discourse that poses the rule of law as a solution to the crisis. Accordingly, the implementation process of the rule of law in Lebanon has been progressing along a vicious circular track.

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The complete report is soon to come!