Researchers

Sawsan Albitar

Published in

Damascus University Journal of Legal Sciences, volume 4, issue 2, June 2024.

Abstract

The State Council’s subordination to the Presidency of the Council of Ministers, according to the abolished State Council Law No. 55 of 1959, formed the government’s conviction that the State Council is like any department that operates within the government and reports to its president, but the   State Council has always refused to interfere in its work, as it is an independent council in its jurisdiction And its subordination to the Presidency of the Council of Ministers is only an administrative and financial subordination, not a judicial subordination. On the contrary, the Council appeared in the role of a monitoring over the actions of the government and a guide of it. Privileges and powers, so both are subject to Council's authority, so that the council can even cancel the government’s actions in case that the laws and regulations are violated, and this ultimately leads to the establishment of a state of law, a state of institutions, a state of rights and freedoms.

     In order for the laws to perform their role efficiently, it has to keep pace with the movement of society and the dynamism of its development, and it does not stop at a certain point that was exceeded by the conditions of reality, or adhere the rules left by the developed nations.

     Accordingly, the Syrian legislator, according to the new law of the State Council, made developments in the legal states of the Council, consolidating its independence from the executive authority - as stated in the current Syrian constitution - and made fundamental amendments to the structure of its two departments, the judicial and advisory, in response to a practical reality that is in line with the tasks that must be performed.

Key words: The new state council law - the canceled law - the independence of the council - the judicial section - the advisory section.

Link to full paper

https://journal.damascusuniversity.edu.sy/index.php/legj/article/view/10038