I have repeatedly written that, at this point in time, every one of us ought to follow up closely on the details of the drafting of our new constitution
I have repeatedly written that, at this point in time, every one of us ought to follow up closely on the details of the drafting of our new constitution.
A reading in the draft constitution
We should familiarise ourselves with all and every particular of the draft constitution so that, come the public referendum, we would be prepared to make a well-informed vote of endorsement or rejection of Egypt’s new constitution.
Today, I print a reading of the final draft, as announced by the Constituent Assembly that is writing the draft constitution, of the chapter on “The Regime and the Authorities of the State”. At a later stage the chapter will be cast for voting in the Constituent Assembly’s general committee.
I would like to highlight two very significant points before venturing on our reading. First, the preliminary discussions of the articles in this chapter were broadcast by the media, and were accompanied by verbal pelting between those involved in the discussions and the various political streams. This verbal tug-of-war left Egyptians with a sense of foreboding regarding the destiny of their future constitution. But the final draft proves that, at the end, wisdom and moderation prevailed. This should serve to reassure anxious Egyptians and warn them not to fall easy prey to taking whatever is featured in the media at face value.
Second, I remind the reader that I had already printed in Watani two models for Egypt’s constitution: one for a religious State and the other for a civic State. With great comfort I admit that the final draft of the chapter on the regime and the authorities of the State falls along the lines of the civic State. I hope the other chapters of the constitution follow the same lines and principles.
On to the main features of the final draft of “The Regime and the Authorities of the State”; the terms or sentences between brackets represent suspended alternatives that will be settled after the final vote by the Constituent Assembly.
Chapter I: The President
• Article 1: The President of the State is the President of the Republic. He watches over the fulfilment of the supremacy of the people, and the respect of the constitution and rule of law. He defends freedoms, rights, pubic duties, national unity and social justice. He maintains the boundaries between the authorities to ensure that each performs its role in the national effort. He takes care of the people’s interests; and preserves the independence of the homeland and the safety of its lands.
• Article 2: It is a precondition for anyone who is elected as president of the republic to be Egyptian born to Egyptian parents, and entitled to full civic and political rights. He should have had no citizenship to any other State, and should not be married to a non-Egyptian. He should be over 40 years of age according to the Gregorian calendar.
• Article 5: The president of the republic is elected to a four (five) year term, according to the Gregorian calendar. His term begins on the day following the completion of the term of his predecessor. He should not be re-elected for more than one consecutive term (omit consecutive). The procedure for the election of the new president should start at least 90 days before the completion of the term of the presidency. If the term ends without the election of the new president for any reason, the previous president continues to carry out the tasks of the presidency for a period that does not exceed 60 days, until his successor is elected,.
• Article 8: The President takes oath before assuming the responsibilities of his post in front of both houses of the Parliament or in front of the upper house, in case the lower house is not there. The oath is: “I vow by God Almighty to faithfully preserve the republican system; to honour the constitution and the law; to fully care for the interests of the people; and to preserve the independence of the homeland and the safety of its lands.” Once the results of the presidential election are announced, the President is deemed out of any party post he previously held.
Chapter II: Legislative Authority
• Article 13: The legislative authority is composed of the House of Representatives and the Senate. Together they are referred to as Parliament. Each carries out its responsibilities as specified in the constitution.
• Article 15: No one may be a member of both houses, and no one may be a member in Parliament and the government.
• Article 21: Only the Higher Court of Elections may rule on the validity of the membership of the members of Parliament. Appeals are presented to the court within no more than 30 days from the date of the announcement of the final results of the elections. The court rules regarding the appeals within 60 days upon receiving them. Membership is considered null as of the date the Parliament is informed of the court’s ruling.
• Article 53: The enactment, amendment or annulment of public taxes is only according to the law. No one is exempted from taxes except in cases specified by the law. No additional taxes or fees may be imposed on anyone unless within the boundaries of the law.
• Article 61: If the House of Representatives passes a vote of no confidence in the Prime Minister, the government should resign. If the motion involves a member of the government other than the Premier, that member should resign. The President may not re-appoint someone who was obliged to resign his post.
• Article 63: The President of the Republic may only dissolve the House of Representatives following a public referendum. The President issues a decision to halt the house’s sessions and to conduct a referendum within 30 days. If an absolute majority of those who cast their votes endorse the decision, the President of the Republic issues a decision to dissolve the House of Representatives. If the decision is rejected, the President should present his resignation (omit). If the lower house of Parliament is dissolved due to a specific reason, the new house should not be dissolved for the same reason. The decision should include an invitation to voters for new elections for the lower house of Parliament within no more than 60 days from the date of the dissolution decision. The new house should convene within 10 days following the completion of the elections.
WATANI International
9 September 2012