Constitutional Reform in Syria: More of the Same

Abstract In the wake of the 2011 Arab Spring and subsequent revolution, Syria found itself in a rapidly changing environment. The fragility of the state and its constitutional contract led to disintegration into a period of civil violence that has yet to fully resolve. The historical process leading to the Syrian constitution of 1973 sheds some light on the legal and political values encompassed within the constitution and the relationship between the national and international politics of law. Although the current constitution of 2012 offered changes and adjustments, it did not pave the way for any change to the former legacy. A full resolution of Syria’s conflict will require not just a new constitutional text but also an inclusive constitutional process. Years after conflict erupted in Syria, the Baʿth Party had not experienced absolute demise, and the new 2012 constitution had not lead to a free election offering a safe transition. Although the constitution did succeed in eradicating explicit mention of the Baʿth Party, this was never reflected in a practical victory. The country remained a conflict-divided state with a constitution that disappointed expectations. This remained the case until 8 December 2024, with the sudden collapse of the regime that Syrians had longed for. This resulted in an interim government that suspended the constitution and ushered in a new era of de facto crisis with an as yet unclear constitutional legacy.