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Egypt's High Constitutional Court tells president calls its decisions 'final, binding'

Egypt's highest judiciary body releases statement saying it's not party to political conflicts, that its decisions are 'binding on all state institutions'

Ahram Online, Monday 9 Jul 2012
HCC
President Morsi taking oath 30 June between members of the High Constitutional Court
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Egypt's High Constitutional Court declares that it is not party to any political conflict in a statement issued by the court's general assembly Monday afternoon. "The scope of its sacred mission remains to protect the provisions of the constitution and to prevent any aggression against or violation of them," reads the statement.

The general assembly of Egypt's High Constitutional Court (HCC) held a meeting early Monday to discuss President Mohamed Morsi's decree reinstating the People’s Assembly (the lower house of Egypt's parliament), which was dissolved last month by order of the military.

The Supreme Council of the Armed Forces (SCAF) dissolved parliament's Islamist-led lower house in mid-June, following an HCC ruling that found Egypt's parliamentary elections law – which regulated last year's legislative polls – to be unconstitutional, and declared the current parliament null and void.

In its statement, the Court added that its decisions "are final and not subject to appeal, and that its provisions in cases of constitutional interpretation and decisions are binding on all state authorities."

Egypt's highest judiciary authority stressed that it is not a party in any political struggle that arises between the political forces and will not be used by any political force against another.  

According to the HCC statement, it has received a number of lawsuits challenging the president's decision to reinstate the dissolved parliament. "The HCC is the sole arbiter in all disputes relating to the implementation of its judgments and decisions," the statement reiterates.

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Heiko
10-07-2012 01:44am
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Constitutional law and German reunification
I dont know the details but maybe there is a lessen from the German Reunification that may be appli cable here too: There are times when a case may be not perfect in the light of constitiutional law but to trash it would be even more against the constitution according to the Ge. Now we have a decision by the German Constitutional court. The Constitutional Court of Egypt has spoken for the second time but Courts are not so important as the constitutional life of a nation. The military is still capable to handle the situation with brave so Egypt is not yet in danger. Please be patient with the parliament, it is much better than nothing. There must be some more or less official representation of the people in a nation and it does not gouvern or whatever forever.
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9



eliud nyakundi
09-07-2012 08:50pm
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morsi decisino
fire all idiots of mubarak
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8



Abdul
09-07-2012 08:50pm
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Judges of the High Constitutional Court should be fired
Mubarok regime machinery will never favour the present democratic Government either it is Islamist or Liberal or Leftist. They always lick the feet of SCAF and Mubarok's followers. Therefore, every Egyptian should stand firmly beside the President's decision of reinstating the People's Assembly as well as to insist the President to dissolve the Mubarak's HCC judges otherwise nobody will be able to rule the country in future with their full authority either Liberal or Leftist or Islamist
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7



Ihsan
09-07-2012 08:04pm
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HCC affirms its parliament ruling
The top judges should be retired. They could not hold Mubarak to account. On the contrary they have been and are part of the deep military state. The middle ranking lawyers should decide who should replace these discredited judges. The same for the SCAF leadership. The same process should apply. Cancel the umbilical chord to USA interests by refusing the military aid.
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6



Ihsan
09-07-2012 06:28pm
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HCC afirms its parliament ruling
This confirms that the HCC should be transformed. All the senior judges who legalised the fraud associated with the Mubarak era should be retired. The judiciary however should make recommendations as to who their replacements should be. The same should apply to the SCAF leadership. They are still celebrating their exploits in 1973. At the moment the SCAF leadership is serving foreign i.e. USA interests. They should be retired and the army sent to barracks. A new tier of army leaders should craft a strategy to defend the territorial integrity and national sovereignity of Egypt. The military aid from the USA should be stopped immediately and Egypt review its role. One of its biggest external; threats is the water from the Nile having to be renegotiated. As for the economic interests of the army they should be nationalised.
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5



Heiko
09-07-2012 06:13pm
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0+
Constitutional law and German reunification
I dont know the details but maybe there is a lessen from the German Reunification that may be appli cable here too: There are times when a case may be not perfect in the light of constitiutional law but to trash it would be even more against the constitution according to the Ge. Now we have a decision by the German Constitutional court. The Constitutional Court of Egypt has spoken for the second time but Courts are not so important as the constitutional life of a nation. The military is still capable to handle the situation with brave so Egypt is not yet in danger. Please be patient with the parliament, it is much better than nothing. There must be some more or less official representation of the people in a nation and it does not gouvern or whatever forever.
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4



Dina
09-07-2012 05:45pm
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ignorant
The comments are so ignorant here. You want to dissolve the highest court in Egypt?? So we can have more turmoil and lawlessness in this country? So that everyone can just make up their own rules as they go along, and do what fits them? Come on, please wake up and see what is going on around you. Democratically elected people do not also blatantly cheat and bribe the masses (with sugar and oil of all things). But that is fine, they got elected. They also did not follow the rules, and this was something that could be proven, so the whole Parliament had to get dissolved. If these people really feel like they are legitimate, they can run again in another election. But I have a question. You are all not embarrassed to say you want to get rid of these judges, who are actually educated and have years of experience and are probably the one things saving this country? And you are not embarrassed when you see the MPs, especially the Salafists, who have no idea about anything when it comes to le
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Bill
10-07-2012 01:09pm
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Extremely well stated comment.
Your insight into the core issues and possible ramifications is outstanding. Very well expressed.
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francis
09-07-2012 05:13pm
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disband the facade
Dissolve this shameful residue of the decadent past and fire the robed lizards who have spent their lives serving dictatorship.
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2



Dawoud
09-07-2012 05:12pm
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Mubarak's Supreme Court
This High "Constitutional" court was SELECTED by the UN-DEMOCRATICALLY selected Hosni Mubarak. In democratic societies, a democratically-elected president chooses high court justices/judges, who must be ratified by a democratically-elected parliament. Mubarak's parliaments were fraudulent. The SCAF is NOT democratically-elected. ONLY Pres. Morsi and the Parliament are democratically elected in Egypt. The two remnants of the Mubarak regime, SCAF and the High Court, CANNOT overturn what the Egyptian voters chose in free elections. Didn't the New York Times publish an article on how Judge Tahani al-Gibali, a Mubarak appointee, was advising the SCAF?
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Egyptian
09-07-2012 07:01pm
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democracy
low voter turnout doesnt mean it is undemocratic. the president should have no power until a constitution is created
Egyptian
09-07-2012 07:01pm
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democracy
low voter turnout doesnt mean it is undemocratic. the president should have no power until a constitution is created
Dawoud
09-07-2012 06:44pm
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Remnants "Foloul" Institutions Vs. Voters' Choices
P.S., NOBODY has ever voted for Judge Tahani al-Gibali, J. Maher al-Bohairi, et al.
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expat
09-07-2012 04:36pm
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stupid
fine the the big islamist president ran faster than expected in the obvious constitutional trap... how can he try to break the ruling of the Constitutional Court? leaves only two options,either breaking the democratic system totally or backing out again the 1/3 illegal acted on votes in the assembly could have been easy re-elected with consensus best regards expat
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