Post by peterd on Dec 3, 2012 12:42:00 GMT -8
An Examination Of Egypt's Draft Constitution Part I: Religion And State – The Most Islamic Constitution In Egypt's History
Introduction
In the past two weeks, Egyptian President Muhammad Mursi has accelerated the process of approval of the new Egyptian draft constitution. On December 1, 2012, following marathon meetings of the Constituent Assembly, he announced that the draft would be put to public referendum in two weeks' time, on December 15, 2012. This was despite widespread public opposition to the composition of the assembly and to the substance of some of the constitution's articles, and despite the fact that some 40% of the assembly's members – representatives of the liberal factions – had withdrawn from it.
In his December 1 speech, Mursi took pride in the completion of the draft constitution, presenting it as "a further step in the completion of the revolution" and as "the first time in Egypt's history that the constitution is in keeping with the people's will."[1] In actual fact, however, this was just one more step completing a series of measures taken by Mursi to impose the will of the Muslim Brotherhood (MB) upon the constitution of post-revolution Egypt.
On November 22, 2012, some ten days before the Supreme Constitutional Court was scheduled to issue its ruling in liberal lawsuits against the legitimacy of the Constituent Assembly, Mursi issued a new constitutional declaration – a kind of interim constitution – in which he granted himself sweeping judicial authorities, after already having gained all executive and legislative powers. Through this constitutional declaration, Mursi was trying to maintain the MB's dominance in the Constituent Assembly. He gave the assembly a two-month extension to complete its work, as well as immunity in an effort to preempt the Supreme Constitutional Court from dissolving the assembly on grounds that it does not represent the entire population. The court faced a conflict of interests, since it, too, opposes certain articles in the draft constitution that undermine its status; consequently, it is reasonable to assume that it would have ruled in favor of the assembly's dissolution.
The constitutional declaration sparked an unprecedented popular protest against Mursi, with tens of thousands of demonstrators taking to the streets. In response, hundreds of thousands of Mursi supporters staged counter-protests. Mursi took advantage of the turmoil to expedite still further the process of approving the constitution, stating that such approval would put an end to the concentration of powers in his hands. To appease the protestors, he promised not to make use of his legislative powers before the referendum either.[2]
However, even his announcement of the referendum on the constitution aroused the protest of his opponents, and especially of former presidential candidates 'Amr Moussa, Hamdin Sabahi, and former IAEA secretary-general Dr. Mohamed ElBaradei. The anti-Mursi protestors in Tahrir Square responded to his call for a referendum with boos, saying that he had lost his legitimacy and was betraying the revolution with a constitution that reflected the will of the MB alone.[3]
The MB is interested in passing the constitution out of the assumption that its approval in the referendum would mean the successful completion of the interim stage and would consolidate the MB's rule, while the process of formulating the constitution was making the situation in the country even more volatile, exacerbating social polarities, and sparking widespread demonstrations and protests. In addition, through the proposed draft constitution, the MB hopes to send a message – both within Egypt and internationally – that Egypt under its helm is not bowing to Islamic radicalism. At the same time, it is trying to leave the formulations of articles pertaining to religious status vague and convoluted, giving room for maneuvering and making it possible to grant the constitution a more radical interpretation at a later date. The approval of the constitution would be an achievement for the MB in its clashes with the judiciary and the military. While it would divest the president of some of the unlimited authorities that he holds today, it would still leave him with substantial powers.
This report, the first in a series dealing with the new Egyptian constitution, analyzes the constitutional articles pertaining to several issues and compares them to the Egyptian constitution of 1971. Part I deals with the articles relating to the status of religion in Egypt. Future installments will deal with articles pertaining to the president's authorities, to the role of the judiciary in post-revolution Egypt, to the status of the military, and to general freedoms and human rights.
www.memri.org/report/en/0/0/0/0/0/0/6846.htm
Introduction
In the past two weeks, Egyptian President Muhammad Mursi has accelerated the process of approval of the new Egyptian draft constitution. On December 1, 2012, following marathon meetings of the Constituent Assembly, he announced that the draft would be put to public referendum in two weeks' time, on December 15, 2012. This was despite widespread public opposition to the composition of the assembly and to the substance of some of the constitution's articles, and despite the fact that some 40% of the assembly's members – representatives of the liberal factions – had withdrawn from it.
In his December 1 speech, Mursi took pride in the completion of the draft constitution, presenting it as "a further step in the completion of the revolution" and as "the first time in Egypt's history that the constitution is in keeping with the people's will."[1] In actual fact, however, this was just one more step completing a series of measures taken by Mursi to impose the will of the Muslim Brotherhood (MB) upon the constitution of post-revolution Egypt.
On November 22, 2012, some ten days before the Supreme Constitutional Court was scheduled to issue its ruling in liberal lawsuits against the legitimacy of the Constituent Assembly, Mursi issued a new constitutional declaration – a kind of interim constitution – in which he granted himself sweeping judicial authorities, after already having gained all executive and legislative powers. Through this constitutional declaration, Mursi was trying to maintain the MB's dominance in the Constituent Assembly. He gave the assembly a two-month extension to complete its work, as well as immunity in an effort to preempt the Supreme Constitutional Court from dissolving the assembly on grounds that it does not represent the entire population. The court faced a conflict of interests, since it, too, opposes certain articles in the draft constitution that undermine its status; consequently, it is reasonable to assume that it would have ruled in favor of the assembly's dissolution.
The constitutional declaration sparked an unprecedented popular protest against Mursi, with tens of thousands of demonstrators taking to the streets. In response, hundreds of thousands of Mursi supporters staged counter-protests. Mursi took advantage of the turmoil to expedite still further the process of approving the constitution, stating that such approval would put an end to the concentration of powers in his hands. To appease the protestors, he promised not to make use of his legislative powers before the referendum either.[2]
However, even his announcement of the referendum on the constitution aroused the protest of his opponents, and especially of former presidential candidates 'Amr Moussa, Hamdin Sabahi, and former IAEA secretary-general Dr. Mohamed ElBaradei. The anti-Mursi protestors in Tahrir Square responded to his call for a referendum with boos, saying that he had lost his legitimacy and was betraying the revolution with a constitution that reflected the will of the MB alone.[3]
The MB is interested in passing the constitution out of the assumption that its approval in the referendum would mean the successful completion of the interim stage and would consolidate the MB's rule, while the process of formulating the constitution was making the situation in the country even more volatile, exacerbating social polarities, and sparking widespread demonstrations and protests. In addition, through the proposed draft constitution, the MB hopes to send a message – both within Egypt and internationally – that Egypt under its helm is not bowing to Islamic radicalism. At the same time, it is trying to leave the formulations of articles pertaining to religious status vague and convoluted, giving room for maneuvering and making it possible to grant the constitution a more radical interpretation at a later date. The approval of the constitution would be an achievement for the MB in its clashes with the judiciary and the military. While it would divest the president of some of the unlimited authorities that he holds today, it would still leave him with substantial powers.
This report, the first in a series dealing with the new Egyptian constitution, analyzes the constitutional articles pertaining to several issues and compares them to the Egyptian constitution of 1971. Part I deals with the articles relating to the status of religion in Egypt. Future installments will deal with articles pertaining to the president's authorities, to the role of the judiciary in post-revolution Egypt, to the status of the military, and to general freedoms and human rights.
www.memri.org/report/en/0/0/0/0/0/0/6846.htm