13. Lebanese Judicial Branch
The justice sector is vital for a healthy democracy. Its institutionalization, in light of the Arab Spring, has proven to be critical for a smooth political democratic transition in countries such as Egypt and Tunisia. Its absence can lead to catastrophic consequences. The promotion of justice under various principles such as human rights, citizenship, fairness, equal application of the law, economic and political freedoms, and combating corruption constitutes the fundamental foundation of civic culture and democratic tradition. The role of the judiciary in Lebanon is also critical because of the population’s diversity and complexity. It can offer pathways for arbitration and dispute mediation toward conflict resolution or transformation, hence undermining extremism and violent confrontations. Justice is the essence of political stability and coexistence in a plural society.
This chapter examines the Lebanese legal system in detail, concentrating on the types of legal jurisdictions, regular courts, special courts, and councils. The separation of the judiciary and executive power is analyzed. Attention is also drawn to the Bar Association of Lebanon, legal education and training, the Internal Security Forces, and General Security.
The Legal System
The Lebanese legal system is a combination of Ottoman law, Canon law, the Napoleonic Code, and civil law. The Constitution of Lebanon, adopted in 1926 and amended in 1990, guarantees the independence of the judiciary and the separation of powers among the three branches of government. The Taef Agreement of 1989, which is incorporated by proclamation into the Lebanese Constitution, provides...
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