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Lebanon did not witness a multi-axis state and dominions of chaos as it is today. Chaos exists in politics through deviations from the constitution, charter, and constitutional norms, and chaos exists in currency and the economy through fluctuating prices that have no rules or authority to control them, as well as through the value of the national currency, which has never known in the history of Lebanon a similar situation in which the pound in relation to the dollar is at four or five prices, and chaos exists in the living space to a point that almost touches the loss of control, and the chaos of the administration and the judiciary has occurred and is not ashamed, and the military and security sector may be almost the only one that still maintains its affairs and tasks by fortifying and practicing it away from the chaos. In which it is destined to enter.
This is in general, in terms of the details, with which we start most important, that is, with the constitutional and political chaos, its approach is based on the mixture in terms of binding power between the text, the pact and the custom, then the progress of those who emerge without knowledge or competence to interpret a constitutional text, evaluate a national charter or propose a political custom. By the way, we say that the constitutional text is literally contained in words contained in the manuscript of the constitution approved by the House of Representatives and issued by the President of the Republic, and this text has absolute mandatory power that makes its violation a violation of the constitution punishable by criminal, criminal and political sanction, since the statute is what the representatives agree on. The national components have already expressed an explicit and clear will to accept it and act in accordance with it. The letter has a binding force that directly follows the validity of the text, but departing from it does not entail criminal responsibility but political responsibility. As for the custom, it is inferior to the text and the pact, and its formation goes through stages that begin with practice for the first time, then it is repeated and silenced, then it becomes a habit and accepts it, then it becomes the norm. when it becomes in everyone’s mind a rule that they recognize as binding. Custom does not modify the statute and the statute does not modify the text.
One of the practical examples of the chaos that afflicts Lebanon today is what is underway in terms of working with the text of article 95 of the constitution, which stipulates how to take over the ministry and assume top-notch public office. And it is clear in two matters: the first is the imposition of equality between Christians and Muslims in the functions of the ministry and the first category, and the second is not to assign a certain ministry or function to a certain sect permanently and definitively, rather, in the letter the three presidencies are distributed among the major sects, so this distribution is considered contrary to the constitution. And in the custom, the works of the first category, but rather of the second, third and sometimes fourth category were fixed for the sects and remained intact with the risk of a devastating national explosion, which also works against the Constitution.
Acting on the constitution and adopting it must be subject to the rules and unity of the applied standard, so either we adhere to the binding force of the text such as the general rules and the charter or custom does not have a role in the amendment, or we amend it since the implementation is simple in a custom or a pact. What you want is that if you can, and if not, then you bow to the text and do it as is. As for the selectivity or multiplicity of standards, it is a violation of the principle of equality and a violation of public order.
And if we want to make a classification of public centers and positions, we find that assuming all the basic centers of the state without exception in political, administrative, judicial, military and security terms subject to a letter or custom and contrary to the text regarding the refusal to assign any position to a cult, for example we only mention several positions. Because the list goes on, if we want an exclusive list, we recall that the Maronites have the leadership of the army, the government of the Bank of Lebanon, the presidency of the Supreme Judicial Council, the General Directorate of Internal Security, the Civil Service Council, the Council for Development and Reconstruction, and the Shiites for public security and the university. Lebanese and Social Security, etc.
As for the Ministry of Finance, which is disputed today, it took place at the Taif conference as it leaked from its corridors or from the minutes of the debate. The two conferences were initially divided on assigning them to Shiites who demanded that he have a signature confirming his association in the executive branch in particular. Decrees that do not require a decision by the Council of Ministers and impose financial expenses, and the proposal was in the context of ending the Maronite Sunni duality that ruled Lebanon under the Maronite political shadow since the establishment and independence of Lebanon. The claim of the Shiites to the Ministry of Finance was therefore based on the background of participation in power and not on the background of obtaining a sovereign portfolio as they say, and therefore their classification is not subject to the title of positions and ministries as much as it is subject to the title of the constitutional authorities, especially the executive, and the Taif conference took this logic and classification and approved the site for the Shiites. Consequently, a pact was formed that did not rise to the level of the text, but was satisfied verbally and by consensus, as is the case with the three presidencies, and applied directly in the first three governments after Taif.
We do not deny that this consensus clearly clashes with the text contained in article 95 of the Constitution, and makes the situation adjust to violations of the Constitution in general in the application of article 95 to all presidencies and positions, which makes that the correct solution here is one of two things: or the text works completely and here there is no room for a cult. A center or place that he clings to and considers his own. This is the national solution, or we put the custom and the letter on the explicit text in contravention of the general rules.
Taking into account that the allocation of funds to the Shiites is an act of pact that cannot be canceled except by the will of all, just as the pact was formed by collective will, it is not canceled except by consensus itself, which is not achieved in In this context, and as for saying that one of the Shia representatives resigned for a time, this resignation is not necessary. Others as long as they did not authorize him to do so, and then the concession was in exchange for the establishment of a ruling trio that would guarantee the participation of the Shiites in the executive power, which is also against the constitution (the troika of the era of Hrawi with Syrian guarantee), and is the trio that fell after changing circumstances.
Consequently, we believe that resolving the constitutional political chaos is the gateway to establishing a government that exercises real power and can resolve the chaos in other matters. As for increasing the chaos and complicating it with new fashions and norms, price differences and would destabilize power, and that is why all attempts to impose new norms on The formation of authority and the formation of government are norms, the less of which is the poison that Lebanon must drink.
So stop violating the constitution and the powers of this or that constitutional institutions, the rights of this or that national political components, or the attempts to monopolize exclusive power. We say this despite our knowledge that the definitive and decisive eradication of political and constitutional chaos can only be achieved through a national conference that leads to a consensus that leads to softening the system and fixing the rulings in a constitution that dispenses with norms and statutes for citizenship and the citizen system to become a citizenship system and the system of sectarianism and sectarianism must fall, and even then it must fall. The unity of standards depends on applying texts and transcending them by custom or statute.
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