03/06/2014
By any definition of democracy, too, the elections in Syria are a fakery.
Why else the elections in Syria are a mockery of democracy:
Even under Syria's "reformed" constitution, the one Bashar got passed by "referendum" in 2012, the president has control over all branches of government...including the one that has to approve any other candidates for presidency (that would be parliament, called in Syria the "people's assembly").
"The president’s powers are equally extraordinary, far greater than what is normally accepted in comparative constitutional practice. For example, the president exercises a remarkable amount of control over the government: The president is solely responsible for appointing the prime minister, all ministers and even their deputies (article 97). Although the People’s Assembly has the power to withdraw confidence from the cabinet as a while or from individual ministers (article 75), the constitution’s wording strongly suggests that the President is solely responsible for granting confidence to the cabinet in the first place. The president is also solely responsible for determining the state’s policy and is also responsible for overseeing its implementation (article 98).
The president also exercises significant control over the People’s Assembly. Under Article 110, the president is solely responsible for dissolving the People’s Assembly (article 110). The only requirement is that the president must provide a reason for doing so. No indication is provided as to whether there are specific types of reasons that are acceptable and others that are not, which opens up the possibility that the president may decide to dissolve the Assembly on the basis that he or she is not pleased with the Assembly’s political makeup. In addition, although the judiciary is theoretically independent, the Supreme Judicial Council is headed by the president (article 133(1)), which is both highly unusual and undesirable.
The president is also granted a number of powers that go far beyond what is normally acceptable. For example:
The president can call for a state of emergency (article 103). There are no limitations on the reasons for which a state of emergency can be called, on its duration, or its geographical application (article 103). The condition that the council of ministers must first approve the decision to call a state of emergency by a two thirds majority is not an effective safeguard given that the president is responsible for appointing the government.
Even more seriously, the President is authorized by Article 114 to take whatever “quick measures” (a term that is left undefined) in the event a “grave danger” (also undefined) threatens “national unity” (undefined) or prevents state institutions from carrying out their “constitutional responsibilities”, a circumstance that is so common that it probably includes a number of unexceptional situations. As such, the president is essentially authorized to exercised exceptional and undefined powers in circumstances that may not be exceptional.
The president has the authority to decree laws when the People’s Assembly is in session, and even when it is not in session if there is an “absolute necessity” (a term that is left undefined) to do so (article 113).
Although the People’s Assembly has the right to revoke any legislation that is passed by the president, it can only do so if it obtains an absolute majority of all its members, a requirement that does not exist for the passing of ordinary legislation by the Assembly. In addition, even if a revocation is obtained by the Assembly, it is not retroactive, which means that the President has essentially been granted the unrestricted power to pass temporary legislation."
Read the full analysis of the "Constitution" of Syria here: http://www.constitutionnet.org/news/new-syrian-constitution-assessment
