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SCAF cannot regain legislative powers: March constitutional amendments author

Constitutional expert Tarek El-Beshri says Egypt's ruling military council does not have the authority to issue laws instead of dissolved parliament

Ahram Online, Friday 15 Jun 2012
El-Beshri
Tarek El-Beshri. (Photo- Al-Ahram)
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Constitutional expert Tarek El-Beshri said that the Parliament Electoral Law which was presented to the ruling military council (SCAF) last year advocated an individual candidacy system in the parliamentary elections which took place in November of 2011

El-Beshri, who supervised the SCAF-appointed constitutional amendments committee which drafted the constitutional declaration approved in a popular referendum in March 2011, said that he knew at the time the SCAF approved the election law that a mixed electoral system would result in legal problems.

The law, which was deemed unconstitutional by the High Constitutional Court on Thursday, allowed for two-thirds of the total seats in parliament to be chosen on a party-based proportional representation list system, and mandated that the remaining one-third be elected on an individual candidacy basis.

The High Constitutional Court ruled that the election of one third of the individual parliamentary candidacy seats was unconstitutional because members of political parties were allowed to contest for these seats.

El-Beshri added that the March constitutional declaration does not specify that SCAF can regain legislative powers since it did not deal with scenarios of dissolving parliaments.

El-Beshri's comments come in light of media reports that the military council will assume the parliament's legislative powers after the High Constitutional Court dissolved parliament.

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