History of the Egyptian Constitution

Egypt

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The Egyptian Constitution has passed over a long period of evolution from the liberal constitution of 1923 to the contemporary constitution.

Ancient Egypt

Egypt is known for having one of the earliest administrative and legislative codes in history. Throughout its history, formidable human cultures and civilizations were incepted, and brought into being, offering the most advanced form of governance and management. Pharaonic civilization laid the groundwork in Egypt in terms of governance and management. The king or Pharaoh, at the top of the state hierarchy, appointed high-ranking government officials. A viable system of government has been in force ever since the era of ancient Egypt Since the era of the third and fourth dynasties, several codes were promulgated; some were related to limiting the working hours of peasants while others combatted forced labor.

After Alexander the Great conquered Egypt in 330 BC, the Greeks took the reins of power. After his death, the Ptolemaic era began which was later overthrown by the Romans. Although Roman rule was bitter, Egyptians retained most of their respective traditions, rules, and norms until Christianity spread in the first half of the first century, with the church largely sharing in the sustainability of intrinsic habits and customs.

Early Islamic era

During the Islamic era, governance and legislation were principally drawn from the Holy Qur-ân and the Sunna, (or Traditions) of the Prophet based on the formula of consultation as one of the fundamental principles of Islamic law.

When Egypt became the capital of the Shi'ite Fatimid Caliphate (969-1171) governance and legislation developed. Furthermore, the city of Cairo became the capital of Egypt.

Throughout the era of the Ayubi state (1171–1250), the Citadel became the headquarters and the center of power. Legislative and judicial councils diversified, and there was a justice council and another to attend to complaints lodged. Their duties involved laws as well as treaties with foreign countries

In the Mamluk era (1250–1517) Sultan El-Zaher Bebars built the Court of Justice at Salah El-Deen El-Ayoubi Citadel to be the government premises. Its competence covered enforcement of laws, settling of disputes, and negotiations with nearby countries.

Ottoman Empire

During the Ottoman era, (1517–1805) Islamic courts constituted the judicial system. Judges had their verdicts directly based on Islamic jurisprudence (Sharia) as far as civil and criminal disputes were concerned. This continued in effect until the end of the 18th Century. Thus, Egypt had been the scene of crucial political and social developments

In 1795, almost six years after the French revolution, a major political uprising demanding rights, freedoms and justice fueled. It brought together national forces and popular leaderships in support of national demands for justice, equality & freedom.

As a result of the mounting resistance against the Ottoman ruler, the Wali and (Mamluks), Egypt was on the verge of a massive revolt. This led to the Ulama laying their hands on a written document which outlined the individual - ruler relationship averting a tax hike without the consent of the people's representatives notably, the dignitaries (the Ulama).

Twentieth century

The first twentieth century constitution for Egypt is that of 1923.

In 1956, a new Constitution was proclaimed stipulating the formation of the National Assembly on 22 July 1957. It was made up of 350 elected members and remained effective until 10 Feb. 1958, when the Egyptian-Syrian merger was given force and the 1956 Constitution revoked. The Provisional Constitution of the Arab Republic of Egypt was formulated in March 1958, and a joint National Assembly was established, and its members were appointed (400 from Egypt and 200 from Syria). It first met on 21 July 1960 and lasted to 22 June 1961.

Egypt and Syria were later separated on 28 September 1961. In March 1964, a further provisional Constitution was declared, leading to a 350-elected member National Assembly, half of whom at least were workers and farmers- in reaction to the then July 1961 socialist laws plus 10 members appointed by the President of the Republic. This Assembly lasted from 26 March 1964 to 12 November 1968. New elections were held on 20 January 1969, and the Assembly was valid until 30 August 1971.

In 1971, when President Anwar Sadat took office, he moved towards the adoption of a new democratic constitution that would allow more freedoms; the return to a more sound parliamentary life and correct democratic practice.

Twenty-first century

In 2005, President Hosni Mubarak asked the parliament to amend Article 76 of the constitution that defines how president of Egypt is elected.

2011 Egyptian revolution

Main article: Egyptian constitutional review committee of 2011

During the 2011 Egyptian revolution, opponents to President Mubarak demanded modifications to the constitution or rewriting it.^{[citation needed]} On 10 February 2011, Mubarak stated that he had requested that Articles 76, 77, 88, 93 and 181 be amended and that Article 179 be removed. Following Mubarak's resignation, the military government of Egypt appointed the Egyptian constitutional review committee of 2011 and proposed that Articles 76, 77, 88, 93, 139, 148 and 189 be amended and Article 179 removed. On March 30th, a new provisional constitution was adopted based on the amended articles in addition to other aimed at steering through the transition period of constitutional reform.

List of written constitutions

• Monarchy
  • The 1879 Constitution - (1879–1882)
  • The 1882 Constitution - (1882–1882)
  • The 1923 Constitution - (1923–1952)
  • The 1930 Constitution - (1930–1935)
• Republic, following the overthrew of the Monarch
  • 1956 Constitution - (1957–1958), adopted on 22 July 1957, established as the first constitution since the declaration of the Republic
  • UAR Constitution - (1958–1961) as part of the UAR, adopted on 10 February 1958 when the Egyptian-Syrian merger was given force
  • 1963 Provisional Constitution - (1964–1971)
  • 1971 Constitution - adopted in 1971 by President Anwar Sadat, reflecting a better parliamentary and political system
  • 2011 Provisional Constitution - Following the 2011 Egyptian Revolution, overriding the current 1971 constitution, aiming at a first step in the planned transition to a democracy.

See also

• Constitution of Egypt