{"title":"Proportional Representation in Lebanese Cabinets: An Unconstitutional Confessional Hierarchy?","authors":"Sammy Badran","doi":"10.1163/2211906x-11010005","DOIUrl":null,"url":null,"abstract":"\n The confessional power-sharing mentality that governs the functioning of the Lebanese State apparatus has succeeded in imposing, over the years, many unwavering practices relating to the appointment of senior public officers. At the level of executive power, these confessional ‘constitutional conventions’ exacerbate the inequality between the different religious sects, where a de facto monopolisation within the so-called ‘Sovereign Ministries’ continues to be seen, ever since the Taif Agreement and reinforced by the Doha Accord. Furthermore, Lebanese parliamentary blocs fight to obtain ‘service ministries’, which are often an integral part of the machinery of clientelism, for the purpose of providing more ‘favours’ to their political clients. In fact, the political representation of the different religious confessions within the state institutions of deeply divided societies such as Lebanon, is ensured and guaranteed by the adoption of the principle of political proportionality. Following this logic, preserving the religious balance within the Lebanese Cabinet is one of the key prerequisites of the political system’s stability, which is essential to the functioning of the Council of Ministers. Prerogatives of the executive power are no longer concentrated in the hands of a single person belonging to a given religious confession, but are exercised through a collegial cabinet, which includes the main various Lebanese communities. Nevertheless, this proportionality, which sought a better representation of the religious segments, is mitigated by a hierarchy within the cabinet due to several unconstitutional practices.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/2211906x-11010005","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
The confessional power-sharing mentality that governs the functioning of the Lebanese State apparatus has succeeded in imposing, over the years, many unwavering practices relating to the appointment of senior public officers. At the level of executive power, these confessional ‘constitutional conventions’ exacerbate the inequality between the different religious sects, where a de facto monopolisation within the so-called ‘Sovereign Ministries’ continues to be seen, ever since the Taif Agreement and reinforced by the Doha Accord. Furthermore, Lebanese parliamentary blocs fight to obtain ‘service ministries’, which are often an integral part of the machinery of clientelism, for the purpose of providing more ‘favours’ to their political clients. In fact, the political representation of the different religious confessions within the state institutions of deeply divided societies such as Lebanon, is ensured and guaranteed by the adoption of the principle of political proportionality. Following this logic, preserving the religious balance within the Lebanese Cabinet is one of the key prerequisites of the political system’s stability, which is essential to the functioning of the Council of Ministers. Prerogatives of the executive power are no longer concentrated in the hands of a single person belonging to a given religious confession, but are exercised through a collegial cabinet, which includes the main various Lebanese communities. Nevertheless, this proportionality, which sought a better representation of the religious segments, is mitigated by a hierarchy within the cabinet due to several unconstitutional practices.
期刊介绍:
The Global Journal of Comparative Law is a peer reviewed periodical that provides a dynamic platform for the dissemination of ideas on comparative law and reports on developments in the field of comparative law from all parts of the world. In our contemporary globalized world, it is almost impossible to isolate developments in the law in one jurisdiction or society from another. At the same time, what is traditionally called comparative law is increasingly subsumed under aspects of International Law. The Global Journal of Comparative Law therefore aims to maintain the discipline of comparative legal studies as vigorous and dynamic by deepening the space for comparative work in its transnational context.