The binding parliamentary consultations have concluded with the nomination of Judge Nawaf Salam as the head of the first government under President Joseph Aoun's term. However, Salam did not receive the support of the Shiite Amal-Hezbollah duo, who refused to nominate anyone for the prime minister role. This has raised important questions regarding the constitutional legitimacy of Salam's designation.

Looking back at Lebanon’s political history, the Shiite duo has frequently invoked the principle of "constitutional legitimacy" to assert their conditions on government formations, often using it to influence ministerial shares or disrupt the functioning of governments. What stands out today, however, is the duo’s reference to constitutional legitimacy after they were taken by surprise by the shift in favor of Nawaf Salam.

This leads to a key question: Is the nomination of Nawaf Salam constitutionally legitimate?

To clarify this matter, Dr. Paul Morcos, founder of Justicia Consult Law Firm and Dean of the International Executive School in Strasbourg, offered his insight in an interview with our website.

He affirmed that the nomination of Judge Nawaf Salam is indeed constitutionally legitimate. Morcos explained that while the Shiite lawmakers were invited to attend the binding parliamentary consultations, they chose not to nominate anyone for the prime minister position. He emphasized that although they had the right to abstain from nominating a candidate, their decision does not diminish the constitutional legitimacy of Salam’s appointment.

Morcos elaborated on the concept of constitutional legitimacy, noting that it is outlined in the preamble to the Lebanese Constitution in conjunction with Article 95. He explained that the failure of specific sectarian parties to nominate a prime minister does not strip the designated individual of the constitutional legitimacy of their appointment.

"In simpler terms, the absence of a nomination from certain sectarian parties does not undermine the constitutional standing of the prime minister-designate," Morcos pointed out.