Constitutional Court and Amnesty Law Review

The article discusses Lebanese Constitutional Council Decision No. 12/2026 concerning Law No. 70 issued on September 4, 2026, regarding general amnesty. It raises a debate about the limits of the constitutional judge's authority in interpreting the law and making amendments or exceptions that go beyond the original text. The article examines how the council, through its interpretation, may exceed its jurisdiction in overseeing the conformity of laws with the constitution—particularly when it introduces broad exceptions to crimes of corruption, war crimes, and crimes against humanity without clear legislative backing. The discussion also clarifies the legitimacy of addressing the conditions of convicted individuals, especially since the council's decision to reduce or modify sentences raises questions about the legality of such interpretative practices. The article emphasizes the importance of separation of powers and respecting constitutional frameworks, asserting that the role of the constitutional judge is limited to monitoring the constitutionality of texts. It underscored that the judge has no right to replace legislation or draft new provisions, in order to safeguard the principle of separation of powers and protect the constitution.

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