On the constitution:
Tamir Mustafa from Fraser University, Canada:
The suspended constitution contains a curious mix of liberal and illiberal articles. Of the 211 articles in the Egyptian constitution, perhaps only a dozen are fundamentally illiberal, and these are easily identified. Moreover, many of the political liberties that the democracy movement want to see enshrined in a new constitution are already present in the suspended constitution. The more intractable legal conundrum facing Egypt is that most of the legal tools that the Mubarak regime used to dominate the political system are not found in the constitution. They are instead contained in the web of illiberal legislation that governs virtually all aspects of political and social life.
On the process proposed by the military:
Acc. to al-Ahram, Some judges deny legitimacy of the consitution committe, while its member defends the military's will to move quickly.
Tharwat Badwy, a respected expert on constitutional matters, has stated in an interview with Ahram Online that the constitutional amendments proposed by the Supreme Council of the Armed Forces, a task now handed to the constitutional reform committee, lacks legitimacy. He stressed that the supreme council is not elected by the public and so does not replace the parliament to propose specific constitutional amendments. He added that he withdrew from the first committee, proposed by the former vice president, after it became clear that the current Egyptian constitution of 1973 isn't legally fit for amending.
On another front, Atef El-Banna, member of the committee, indicated in a phone call to Ahram Online that the conditions dictate the amendments proposed, since the preparation of a new constitution, technically and procedurally, could take more than a year. El-Banna added that "the armed forces really want to transfer power in a short period, no more than year, and during this period we want to conduct parliamentary and presidential elections. How would this be done while a new constitution is being written?
"A new constitution is a long-term goal. Let's first get the flaws out of the system to bring the process along. The say of the people is the most important factor in this process," Sobhi Saleh told Reuters in an interview.
Tamir Mustafa from Fraser University, Canada:
The suspended constitution contains a curious mix of liberal and illiberal articles. Of the 211 articles in the Egyptian constitution, perhaps only a dozen are fundamentally illiberal, and these are easily identified. Moreover, many of the political liberties that the democracy movement want to see enshrined in a new constitution are already present in the suspended constitution. The more intractable legal conundrum facing Egypt is that most of the legal tools that the Mubarak regime used to dominate the political system are not found in the constitution. They are instead contained in the web of illiberal legislation that governs virtually all aspects of political and social life.
On the process proposed by the military:
Acc. to al-Ahram, Some judges deny legitimacy of the consitution committe, while its member defends the military's will to move quickly.
Tharwat Badwy, a respected expert on constitutional matters, has stated in an interview with Ahram Online that the constitutional amendments proposed by the Supreme Council of the Armed Forces, a task now handed to the constitutional reform committee, lacks legitimacy. He stressed that the supreme council is not elected by the public and so does not replace the parliament to propose specific constitutional amendments. He added that he withdrew from the first committee, proposed by the former vice president, after it became clear that the current Egyptian constitution of 1973 isn't legally fit for amending.
On another front, Atef El-Banna, member of the committee, indicated in a phone call to Ahram Online that the conditions dictate the amendments proposed, since the preparation of a new constitution, technically and procedurally, could take more than a year. El-Banna added that "the armed forces really want to transfer power in a short period, no more than year, and during this period we want to conduct parliamentary and presidential elections. How would this be done while a new constitution is being written?
"A new constitution is a long-term goal. Let's first get the flaws out of the system to bring the process along. The say of the people is the most important factor in this process," Sobhi Saleh told Reuters in an interview.
Lawyer Sobhi Saleh, the only member of the Islamist Muslim Brotherhood group on a 10-man committee proposing amendments to the constitution, said there would be a progress report later on Sunday to give details about planned changes.
Saleh said drafting a completely new constitution would only be possible when there are stable political institutions and established political forces to guide the process.
An amendment to allow the first multi-candidate presidential race in 2005 effectively prevented a realistic challenge to Mubarak, the ruling party candidate. Judges were increasingly sidelined from monitoring elections, that were routinely rigged.
"The committee will propose amendments to article 76 allowing three ways to run for presidency. This would give the people control over the electoral process," Saleh said, referring to the article governing presidential races.
Saleh said the committee was a technical one whose purpose was not to rewrite the constitution but is to remove "constitutional flaws" to aid the transitional period.
Alongside article 76, there was an official call to change five other articles 77, 88, 93, 179 and 189. These articles cover issues such as judicial supervision of elections, presidential terms and use of military justice.
"The main articles already announced will be amended but there will be suggestions to amend another set of articles that are necessary and linked to the main ones, all in the spirit of ensuring the constitution is not contradictory after the amendment process," Saleh said
Reflexions before Mubáraks ouster:
The two transition specialists Alfred Stepan and Juan J. Linz suggestions for the new constitutiona are based on Eastern European experiences:
An amendment to allow the first multi-candidate presidential race in 2005 effectively prevented a realistic challenge to Mubarak, the ruling party candidate. Judges were increasingly sidelined from monitoring elections, that were routinely rigged.
"The committee will propose amendments to article 76 allowing three ways to run for presidency. This would give the people control over the electoral process," Saleh said, referring to the article governing presidential races.
Saleh said the committee was a technical one whose purpose was not to rewrite the constitution but is to remove "constitutional flaws" to aid the transitional period.
Alongside article 76, there was an official call to change five other articles 77, 88, 93, 179 and 189. These articles cover issues such as judicial supervision of elections, presidential terms and use of military justice.
"The main articles already announced will be amended but there will be suggestions to amend another set of articles that are necessary and linked to the main ones, all in the spirit of ensuring the constitution is not contradictory after the amendment process," Saleh said
Reflexions before Mubáraks ouster:
The two transition specialists Alfred Stepan and Juan J. Linz suggestions for the new constitutiona are based on Eastern European experiences:
Most activists and commentators are now asking who will or should become the next president. But why assume that a presidential political system, headed by a powerful unitary executive, will be instituted? Of the eight post-communist countries in the European Union, not one chose such a system. All of them established some form of parliamentary system, in which the government is directly accountable to the legislature and the president's powers are limited -- and often largely ceremonial.
That was a wise decision. A presidential election at a moment of great uncertainty, and in the absence of experienced democratic parties or broadly accepted leaders, is filled with danger.Fortunately, some Egyptian democratic activists and theorists are already debating the parliamentary alternative. In that case, Egypt's first free and fair election could create a constituent assembly that would immediately provide a democratic base for the government, as well as a means to amend or re-write the constitution
.Regardless of who leads it, there are some things an interim government should not do. Judging by the transitions that we have studied, a successful democratic outcome stands the best chance if the interim government does not succumb to the temptation to extend its mandate or write a new constitution itself. The interim government's key political task should be to organize free and fair elections, making only those constitutional changes needed to conduct them. Writing a new constitution is best left to the incoming, popularly elected parliament.
First, unlike presidentialism, a parliamentary system can give rise to multiparty ruling coalitions. Second, unlike a president, who, however incompetent or unpopular, remains in power for a fixed term, the head of government in a parliamentary system can be removed at any time by a vote of no confidence, clearing the way for a new, majority-backed government - or, failing that, fresh elections.
Apparent statement from the Dean of the Faculty of Law at Cairo University suggesting a plan:
Fourth - The Necessity of the instant dissolution of both Parliament and the Shura Council due to the impossibility of their meeting as a result of final sentences issued from the High Constitutional court which nullify the results of the elections in many constituencies
Fifth- A call for the creation of a founding committee devoted to the creation of a new constitution that is in accordance with the current phase, with the condition that all political ideologies are represented in this committee as well as civil society organizations and all Egyptian communities
Seventh – The expansion of the current structure of the government in order for it to be an interim government dedicated to the nations recovery
Eighth- The issuance of decrees from the republic which would create laws that launch the right to create political parties and allowing citizens the rights of election and nomination for public office
Ninth- The swift restructuring of the state authorities in accordance with the new constitution
Tenth – The immediate termination of the enforcement of the Emergency law
Signed on behalf of the attendees
Dr Ahmed Awad Belal
Dean of the Faculty of La
Tamir Noustafa writes in Foreign Policy :
"While parts of the existing constitution are no doubt regressive, on the whole it is a surprisingly liberal document. Many of the fundamental freedoms that the pro-democracy movement wish to see enshrined in a new constitution are already present in the existing document. These include protections on the freedom of speech (article 47), freedom of the press (article 48), freedom of assembly (article 54), and freedom of association (article 55) among others. The constitution is also clear on the independence of the judiciary (articles 65 and 165), the independence of judges (article 166), and division of powers between the executive and the legislative branches. The state is subject to the law (article 65) and citizens are provided with guarantees to access their rights in a court of law (article 68).These fundamental liberties, it should be remembered, gave opposition activists the legal tools to challenge the regime throughout the past three decade"
"Some of the most egregious problems with the constitution were introduced in the 2005 and 2007 constitutional amendments. Article 76, for example, restricts the nomination of candidates in presidential elections to parties that hold a minimum of 3 percent of the seats in the People's Assembly and Shura Council... article 76 of the constitution raises the bar further for subsequent elections, when nomination must be secured from 65 members of the People's Assembly...article 78 (which sets no limit on successive terms for the Presidency), article 88 (which governs the supervision of elections), article 93 (which prevents the courts from invalidating membership to the People's Assembly as a result of election irregularities), article 179 (which provides broad powers to a Socialist Public Prosecutor)
..It was also recently announced that the Constitutional Amendments Committee, which was formed by presidential decree on Tuesday, agreed to amend six articles of the constitution, including article 76."
"Laws regulating the press, political parties, police powers, elections, trade unions, non-governmental organizations, and just about every other area of political and social life are designed to strengthen the hand of the executive."
SO
"the constitution is the least formidable obstacle to change"
Even if the constitution is amended and Mubarak steps down, this web of illiberal legislation would remain on the books. It would provide the current regime with all of the same tools to manipulate elections and exert control over other areas of political life in very familiar ways.
First, unlike presidentialism, a parliamentary system can give rise to multiparty ruling coalitions. Second, unlike a president, who, however incompetent or unpopular, remains in power for a fixed term, the head of government in a parliamentary system can be removed at any time by a vote of no confidence, clearing the way for a new, majority-backed government - or, failing that, fresh elections.
Apparent statement from the Dean of the Faculty of Law at Cairo University suggesting a plan:
Fourth - The Necessity of the instant dissolution of both Parliament and the Shura Council due to the impossibility of their meeting as a result of final sentences issued from the High Constitutional court which nullify the results of the elections in many constituencies
Fifth- A call for the creation of a founding committee devoted to the creation of a new constitution that is in accordance with the current phase, with the condition that all political ideologies are represented in this committee as well as civil society organizations and all Egyptian communities
Seventh – The expansion of the current structure of the government in order for it to be an interim government dedicated to the nations recovery
Eighth- The issuance of decrees from the republic which would create laws that launch the right to create political parties and allowing citizens the rights of election and nomination for public office
Ninth- The swift restructuring of the state authorities in accordance with the new constitution
Tenth – The immediate termination of the enforcement of the Emergency law
Signed on behalf of the attendees
Dr Ahmed Awad Belal
Dean of the Faculty of La
Tamir Noustafa writes in Foreign Policy :
"While parts of the existing constitution are no doubt regressive, on the whole it is a surprisingly liberal document. Many of the fundamental freedoms that the pro-democracy movement wish to see enshrined in a new constitution are already present in the existing document. These include protections on the freedom of speech (article 47), freedom of the press (article 48), freedom of assembly (article 54), and freedom of association (article 55) among others. The constitution is also clear on the independence of the judiciary (articles 65 and 165), the independence of judges (article 166), and division of powers between the executive and the legislative branches. The state is subject to the law (article 65) and citizens are provided with guarantees to access their rights in a court of law (article 68).These fundamental liberties, it should be remembered, gave opposition activists the legal tools to challenge the regime throughout the past three decade"
"Some of the most egregious problems with the constitution were introduced in the 2005 and 2007 constitutional amendments. Article 76, for example, restricts the nomination of candidates in presidential elections to parties that hold a minimum of 3 percent of the seats in the People's Assembly and Shura Council... article 76 of the constitution raises the bar further for subsequent elections, when nomination must be secured from 65 members of the People's Assembly...article 78 (which sets no limit on successive terms for the Presidency), article 88 (which governs the supervision of elections), article 93 (which prevents the courts from invalidating membership to the People's Assembly as a result of election irregularities), article 179 (which provides broad powers to a Socialist Public Prosecutor)
..It was also recently announced that the Constitutional Amendments Committee, which was formed by presidential decree on Tuesday, agreed to amend six articles of the constitution, including article 76."
"Laws regulating the press, political parties, police powers, elections, trade unions, non-governmental organizations, and just about every other area of political and social life are designed to strengthen the hand of the executive."
SO
"the constitution is the least formidable obstacle to change"
Even if the constitution is amended and Mubarak steps down, this web of illiberal legislation would remain on the books. It would provide the current regime with all of the same tools to manipulate elections and exert control over other areas of political life in very familiar ways.
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