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Sunday, 17 November 2019

Case challenging constitutionality of Constituent Assembly adjourned

An outstanding case on the constitutionality of the Constituent Assembly that drafted Egypt's new constitution is postponed to March; experts deem the ruling moot

MENA, Sunday 3 Feb 2013
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Egypt's High Constitutional Court (HCC) adjourned to 3 March a case filed against the constitutionality of the Constituent Assembly that drafted the recently ratified new constitution.

The court is due to rule on Article 1 of Law 97 for 2012 that specifies the criteria by which members of the assembly are chosen and the legality of allowing MPs to select those members.

Last June, the HCC declared the elected People's Assembly (the lower house of Egypt's parliament) null and void after the parliamentary elections law, which regulated legislative polls, was ruled unconstitutional.

The legitmacy of 100 members of the Constituent Assembly appointed by that People's Assembly has been questioned as a result.

Several lawsuits were filed last year challenging the constitutionality of the assembly and the mechanism for choosing its members. Nevertheless, the constitution was officially approved on 25 December.

According to legal experts, once the people vote for a new charter no court can then overturn it by ruling against the constitutionality of the body that drafted it.

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