{"id":71035,"date":"2026-06-13T18:55:36","date_gmt":"2026-06-13T18:55:36","guid":{"rendered":"https:\/\/jnewslebanon.com\/?p=71035"},"modified":"2026-06-13T18:55:36","modified_gmt":"2026-06-13T18:55:36","slug":"exclusive-a-constitutional-trap-threatens-the-law-to-cancel-exams-have-mps-fallen-into-the-prohibitions-of-the-2020-precedent","status":"publish","type":"post","link":"https:\/\/jnewslebanon.com\/?p=71035&lang=en","title":{"rendered":"Exclusive- A “Constitutional Trap” Threatens the Law to Cancel Exams: Have MPs Fallen into the Prohibitions of the “2020 Precedent”?"},"content":{"rendered":"

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Written by Aline Barakat for JNews Lebanon<\/h6>\n<\/header>\n
The urgent draft law proposed by several MPs to cancel official exams due to Lebanon’s exceptional circumstances has escalated far beyond a mere educational or humanitarian demand. Behind the scenes, it has transformed into a silent clash of jurisdictions between Parliament and the Grand Serail. In light of this development, constitutional circles have convened to dissect the legal dimensions of this quiet battle: Does Parliament truly possess the authority to abolish an administrative and regulatory mechanism that lies at the core of the executive branch\u2019s powers?
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Absolute Legislative Authority: The “Third Republic” Approach<\/h3>\n

According to constitutional sources closely monitoring the file, the premise on which the MPs relied when submitting the proposal dates back to the “classical constitutional philosophy” in Lebanon, which is directly inspired by the Constitution of the French Third Republic.<\/p>\n

These sources explained to Jnews Lebanon<\/strong> that the Lebanese Constitution\u2014in its original spirit and text\u2014does not recognize an “independent regulatory domain” that is entirely immune to legislative intervention. This stands in sharp contrast to the Constitution of the French Fifth Republic, which drew a decisive boundary between what is legislative (reserved for Parliament) and what is regulatory (reserved for the Government).
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Based on this formal criterion, the Lebanese Parliament has the right to intervene in any sector and convert any administrative matter into a binding “legislative provision” once approved, provided that this intervention does not collide with a strict constitutional text or violate fundamental rights and freedoms. Since the “decree organizing official exams” is not explicitly reserved by rigid constitutional texts, the theoretical approach grants Parliament the green light to act and cancel the exams via legislation.<\/p>\n<\/section>\n<\/article>\n

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The “Constitutional Red Line” and the Trap of Undermining Executive Power<\/h3>\n

On the other hand, a deeper reading of the texts reveals an unannounced constitutional brake. The absolute authority of Parliament becomes subject to invalidation if it leads to “paralyzing the procedural capacity” of the executive branch.<\/p>\n

Jurisprudential readings obtained by our platform indicate that while Parliament possesses operational flexibility, it cannot strip the Council of Ministers of its raison d’\u00eatre as an “executive authority” managing public facilities\u2014under Article 65 of the Lebanese Constitution, which mandates the “issuance of regulatory decrees.”<\/p><\/blockquote>\n

Converting every administrative measure into a law practically empties government action of its substance, which is considered a violation of the spirit of the constitution based on the separation and cooperation of powers.
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