Presidential Powers

By Omneya Makhlouf

Article 143 outlines presidential powers which include appointing and dismissing civil and military personnel as well as approving diplomatic representatives. The President is given the power to appoint and remove the Prime Minister as per Article 141. Consultation with the Prime Minister is required before appointing or removing any deputy prime ministers, ministers, and deputy ministers. Articles 150, 146 and 152 recognize the President as the Supreme Commander of the Armed Forces. Article 112 gives the President the right to decree or veto laws, while under Article 113, the President must seek the approval of the People’s Assembly to pass a law. Within 30 days, the People’s Assembly must vote by a two-third majority for the law to pass. Article 113 also lays out the law-making processes and options in the event the President amends or vetoes a law submitted by the People’s Assembly. Article 136 allows the President to dissolve the People’s Assembly, but only when it is necessary.  2012 Article 147 outlines the same powers as Article 143 of the 1971 charter. The President also presides over the National Defense Council, created under Article 197 of this charter, and is Supreme Commander of the Armed Forces. The President’s decision to go to war must be endorsed by both the National Defense Council and the House of Representatives (majority approval). Article 104 amends 1971’s Article 113 constitution so that the House of Representatives must notify the President within 15 days of laws that are passed; the processes in the event of presidential veto or amendments remain the same. Article 127 dictates the President can only dissolve Parliament if there is “a causative decision,” in which case the President may “suspend parliamentary sessions and hold a referendum on dissolution within no more than 20 days.” If that public referendum gains a majority vote to dissolve parliament and the new House of Representatives does not convene within 10 days, the President will be required to resign from his position. Article 133 limits presidential terms to four years and reelection to a second term, while Article 139 outlines the cooperation needed between the House of Representatives and the Prime Minister in order to ensure confidence between both parties under Article 139.  2013 Article 153 outlines the same powers as Article 143 of the 1971 charter. Article 203 recognizes the head of state as presiding over the National Defense Council. He is also Supreme Commander of the Armed Forces. The President needs to win approval of two-thirds of the House of Representatives to go to war. Article 123 is the same as Article 113 of the 1971 constitution. Article 137 carries the same stipulations as 2012’s Article 127 but omits the clause regarding the President’s resignation. As in the 2012 charter, 2013’s Article 140 limits a presidential term to four years and reelection to a second term. Article 146 is the same as 2012’s Article 139.