Post by peterd on Dec 11, 2012 8:58:00 GMT -8
An Examination Of Egypt's Draft Constitution Part III: Presidential Powers, Status Of Military And Judiciary, Civil Freedoms
Introduction
Previous reports in MEMRI's series on Egypt's draft constitution dealt with the controversial articles regarding the relations of religion and state in Egypt.[1] The present installment addresses the other central issues that have triggered public criticism of the draft constitution, which is to be brought to referendum on December 15, 2012.[2]
A. Presidential Powers – Compared to the 1971 constitution, and compared to the sweeping powers assumed by President Muhammad Mursi in recent weeks,[3] the present draft constitution does restrict the president's powers, as many Egyptians had hoped it would after the January 25, 2011 revolution. For example, the draft constitution limits the president to two four-year terms in office (Article 133), unlike the previous constitution, which did not set any limits on presidential tenure. Moreover, unlike the previous constitution, the new one does not permit the president to dissolve the parliament at will, but only by referendum (127), and the president is no longer authorized to declare a state of emergency of unlimited duration (148). Also, the prosecution of a president is possible under certain conditions involving suspicion of criminal activity or treason (152).
However, many of those opposed to the constitution claim that it still leaves the president with excessive powers[4] that do not exist in other presidential regimes around the world. For example, some pointed out that according to the draft constitution, the president appoints the prosecutor-general (173),[5] as well as the heads of the bodies charged with supervising the president himself (202).[6] It was also noted that, unlike in the previous constitution, the president appoints the judges of the Supreme Constitutional Court (176)[7] and must approve every law legislated by parliament (104). Unlike in the past, the president is no longer entitled to appoint some 30% of the members of the Shura Council, but still has the right to appoint up to 10% of them (Article 128).[8] It was also noted that the article authorizing the president to appoint and dismiss civil and military personnel (147) virtually enables him to fire 6,000,000 civil servants and replace them with appointees of his own choosing,[9] and that the new constitution, unlike the previous one, does not require him to appoint a vice president.
www.memri.org/report/en/0/0/0/0/0/0/6868.htm
Introduction
Previous reports in MEMRI's series on Egypt's draft constitution dealt with the controversial articles regarding the relations of religion and state in Egypt.[1] The present installment addresses the other central issues that have triggered public criticism of the draft constitution, which is to be brought to referendum on December 15, 2012.[2]
A. Presidential Powers – Compared to the 1971 constitution, and compared to the sweeping powers assumed by President Muhammad Mursi in recent weeks,[3] the present draft constitution does restrict the president's powers, as many Egyptians had hoped it would after the January 25, 2011 revolution. For example, the draft constitution limits the president to two four-year terms in office (Article 133), unlike the previous constitution, which did not set any limits on presidential tenure. Moreover, unlike the previous constitution, the new one does not permit the president to dissolve the parliament at will, but only by referendum (127), and the president is no longer authorized to declare a state of emergency of unlimited duration (148). Also, the prosecution of a president is possible under certain conditions involving suspicion of criminal activity or treason (152).
However, many of those opposed to the constitution claim that it still leaves the president with excessive powers[4] that do not exist in other presidential regimes around the world. For example, some pointed out that according to the draft constitution, the president appoints the prosecutor-general (173),[5] as well as the heads of the bodies charged with supervising the president himself (202).[6] It was also noted that, unlike in the previous constitution, the president appoints the judges of the Supreme Constitutional Court (176)[7] and must approve every law legislated by parliament (104). Unlike in the past, the president is no longer entitled to appoint some 30% of the members of the Shura Council, but still has the right to appoint up to 10% of them (Article 128).[8] It was also noted that the article authorizing the president to appoint and dismiss civil and military personnel (147) virtually enables him to fire 6,000,000 civil servants and replace them with appointees of his own choosing,[9] and that the new constitution, unlike the previous one, does not require him to appoint a vice president.
www.memri.org/report/en/0/0/0/0/0/0/6868.htm