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Egypt's Constituent Assembly referred to High Constitutional Court

Status of charter-drafting body remains in doubt after Administrative Court refers case on fate of Constituent Assembly to High Constitutional Court

Ekram Ibrahim , Tuesday 23 Oct 2012
Constituent assembly
The Constituent Assembly tasked with drafting Egypt's new constitution (Photo: AP)
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Egypt's Administrative Court on Tuesday referred a lawsuit on the fate of the Constituent Assembly to the High Constitutional Court. The decision means the status of the constitution-drafting body remains uncertain.

The court will rule on the constitutionality of Article 1 of Law 79 for 2012 which deals with the criteria by which assembly members were chosen and the legality of permitting MPs to select those members.

The court will begin investigating the case within 45 days.  

The High Constitutional Court (HCC) declared parliament null and void in mid-June after ruling Egypt's parliamentary elections law – which regulated the legislative polls – unconstitutional.

Several lawsuits were filed challenging the constitutionality of the Constituent Assembly and the mechanism for choosing its members.

Because the People's Assembly had appointed the hundred members of the Constituent Assembly, the legitimacy of the assembly itself came into question.

The assembly is the second to be formed. The first version of the body was dissolved by an Administrative Court ruling in June on the basis of its unconstitutionality.

The assembly has been trying to complete a final draft before the court rules on its dissolution to avoid the need to form a new assembly.

The March 2011 Constitutional Declaration states the charter must be put to a public vote within one month of the assembly approving the final draft.

According to legal experts, once the people vote for the new charter no court can rule against the decision.

According to the Constitutional Declaration issued by President Mohamed Morsi in August, if, for any reason, the current panel is not able to draft the constitution he will select a new body that represents all social strata to achieve the task. The hundred members will be directly appointed by the president and will then have to draft a new national charter in three months.

The current Constituent Assembly faces the same criticism from liberal and leftist observers as its dissolved predecessor, namely that it is dominated by Islamist parties and is not representative of the country's social and political diversity.

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7



Modern_Humaniora
23-10-2012 04:49pm
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2+
A tool to smash each other in the face
For how long shall you use the legal system as a tool to smash each other in the face! This is a heritage from the mubarak-era where the legal system was used in order to uphold a false justice and serve an elite. And this habit seems to continue with no end. It's, if I may say so, very boring to see this. Keep in mind that no, no political ideology has never - never managed to uphold moral standards over time. Take a look across the world and see for yourself. A constitution shall be based on the Humanities and I'm convinced that the best of Sharia, adjusted to modern time, will serve such a purpose in an appropriate manner. In terms of Egypt's new constitution - leave the political ideologies!
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6



A.K.
23-10-2012 03:20pm
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10+
The Constituent Assembly Must be declared "Null and Void"
It is now obvious that the Egyptian public opinion is divided because the draft constitution does not represent ALL the aspirations and cherished values of the public at large, let alone that its members are selected by a "void" Parliament. One must now wait for the High Constitutional Court verdict. However, it appears that a new Constituent Assembly will be necessary where the President will select its members from a broad range of people representing the many segments of the population including (but not limited to) lawyers, judges and Constitution experts. A quality of the leadership is the ability to achieve consensus among the people of this nation, and such quality is yet to be demonstrated !!
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Oscar
28-10-2012 07:27am
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The Constituent Assembly Must be not be declared "Null and Void"
AK, go take a hike. So your wish is Constituent Assembly Must be declared "Null and Void" because you dont like it and does not serve your needs.
5



Kariman Syad, Helwan
23-10-2012 02:22pm
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2+
No Work = No Pay
Get those morans out and syop paying them. they are not doing their job in serving people. Out, out, out, ... Damn the kazabeens who put us into this. (Thanks AO for freedom of speach.)
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4



Dahroug, Elmahalah
23-10-2012 02:20pm
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3+
Slave Workers
We should put in the COnstitution, "Fair Pay for Honest work." We work as slaves and can NOT make ends meet. Gov. should mediate the negotriation between labor union and comapnies. Do we have a lobour law?
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3



Khalid, Alex
23-10-2012 02:04pm
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3+
Not Working
You are not serving the people; but fughting for power. You do not represent us. go home. Thanks to our judges and AO for protecting our freedom.
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2



Amourah Idris, Aswan
23-10-2012 02:02pm
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5+
Shamelss representatives
Iwe need to start taking care of our honest workers to have living wages. In modern socieites labour cost is about 25% of the comapny revenue. We need orphanges for the homeless, schools, public works, energy pans, etc. Shame on you!
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Aziz, Mahallah
23-10-2012 02:15pm
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2+
Wages
I agree. We work as slaves. Gov. should regulate and enforce companies to alot at least 15% for labour cost. If the company refuse, gov. can slap them with taxes. those representatives are invalide. Kick them out.
1



Aladdin, Egypt
23-10-2012 01:57pm
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8+
Meddling Around
Instead of doing the people business, our representatives are fighting for control and lust of power and money. Look what the kazabeen out us into? No wonder lying is a great sin in Islam. Thanks AO and judicial ystem for protecting our freedom.
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