Communitarian constitutionalism in Lebanon: safeguarding sectarianism at the expense of individual civil and human rights

Abstract

As a central part of its governing structure, Lebanon’s sectarian system has been assessed under many lenses in previous literature. What is missing, however, is a constitutional reflection on sectarianism under the broader theoretical lens of communitarianism. Employing Latham-Gambi’s modern constitutional imaginary, this study frames sectarianism as a form of communitarian governance and analyses its implications on individual rights. The study begins with a review of the communitarian theory and how, when applied in constitutions, it is paradoxical to rights-based constitutionalism. Then, an inspection of Lebanon’s historical background helps determine the stages in which communitarianism on the basis of sect gained legal legitimacy. Finally, the current constitution is examined in order to determine if the priorities of communitarianism have, as prior literature discussed, obstructed the individual civil and human rights of citizens. The paper concludes by verifying the thesis statement and considering opportunities for progress under the Lebanese legal system.