Be held on Saturday 19/3/2011 a referendum on constitutional amendments proposed by former President Mohammad Hosni Mubarak, which were implemented by a committee headed by Tariq constitutional human and others .... I do not understand what the feasibility of such constitutional amendments and what Nrqa dress is cut a new constitution and why we stay is pulled down from a failed revolution, which makes the ruling Pharaoh or God ... Constitution against the state and civil rights of full citizenship and human rights ... Why do not contain a body to prepare a new constitution, as did Tunisia .. These proposed constitutional amendments if approved will enter Egypt in the error curve has to take over political power had been living in the dark and have willing organizer as the remnants of the National Party are and want to turn the clock back and abort the Glorious Revolution ... I do not understand why this rush .. Some of the forces that made the revolution as young people, Tahrir Square, and some liberal and leftist parties and all the forces and fair new parties did not take the chance in preparing for the upcoming elections, both the Council of Atelcab or the presidential election in the presence of organized forces such as the Brotherhood and Islamic groups and the remnants of the National Party failed ... This is a look at the proposed constitutional amendments and to reject them all.
The amendments called for constitutionalism materials "unconstitutional" on four topics: articles 75, 76, 77 and 139 relating to the president and deputy for the President of the Republic, Article 148 concerning the declaration of a state of emergency, Article 189 and the same material bis bis 1 relating to essentially draft a new constitution , relating to articles 88 and 93 under the supervision of the judiciary to the elections of the parliament and the competence to adjudicate in the health of the membership of this Council, in addition to the abolition of Article 179 relating to terrorism (Al-Ahram February 27, 2011).
The deposed President Mubarak has decided in his statement (pm Thursday, February 10, 2011 the day before the declaration of resignation or dismissal) five articles a constitutional amendment and the abolition of article sixth. And that in the very late response to the demands on the table for a long time was mainly related to Articles 76 and 77 concerning the election of the President and his term of office, and judicial oversight, and the emergency law. In the case of the continuation of Mubarak to the end of his mandate was supposed to according to the logic of popular demands, and the logic of presidential response, that is the presidential election in custody on the basis of these constitutional amendments. However, the resignation or removal of the President created a new situation presents in the first place the legitimacy of these amendments and the election, which will be made accordingly.3: It takes very vague on the date of the election of the President and on what basis. You will be based on the current constitution, the amendments do not affect the absolute powers should adhere to the new constitution when it is released? And when will be elected in this case: before the election of the People's Assembly and Shura Council or after the election or in the dates close together or simultaneous? Or will be elected on the basis of the new constitution, which will be passed after about a year from now? In this case: Can we will remain without a president of the Republic under the delegated powers of the presidency to the Supreme Council of the Armed Forces? If the strain our imagination and our perception of the Republic of پrlmanip based on the new constitution, does this mean landing position of the President to the level just پrotokoly which did not elect him, with the conversion of vast presidential powers now reduced to an elected prime minister and پrlman worthy of the name? It may be self-evident in this case, assuming the commitment of all those elected (the President and members of both Houses) constitution is not elected on the basis of difficulties with compliance with the Constitution may not accept the principles that underpin it.4: The first members of the Committee on the Constitution headed by Justice Tariq human should not be limited to the demands of the amendment and the request of the old deposed President amended the constitutionality of a particular, and to look first and foremost a question of what is the best option for our country: the Republic or the Republic presidential Alپrlmanip. Here, it is natural to expect that supporters of a presidential republic to look in detail the question of the powers of the President to prepare a new constitution separates between the authorities and the balance between them and recreate new Dictatwarat and other gods of human beings. It would also be natural in this case we expect that supporters of the Republic Alپrlmanip to propose a constitution of a completely different kind. What should have been swayed by these scholars Aldsturion behind Specifications presidential republic according to the instructions they received, and if this act of faith Hosary Republic presidential race, he should look for all dimensions and aspects such as the republic and in particular the question of the authorities, as well as it was the first to them and with others to curl up From now on research and studies for the preparation of the new constitution, which will replace the existing or inactivated in accordance with the decisions of the Supreme Council, and opened a large debate on a new constitution instead of getting involved in the preparation of such amendments, which focused on ways inferior compared to the question of the authorities and the separation and balance.5: On the basis of looks and perceptions of a presidential race figures a great many in our political life on the trot to the presidential candidates as if each and every one of them wants to add to his biography and family it has become in the period or periods as President of the Republic of Egypt, who are in this are like professors Almstozyren who are armed with delusions they spared the country before them by becoming a deputy prime minister and before, including the second, third, and fourth, etc.., to be ministers, despite the likelihood that the period of this government is short because the government, as a center for counter-revolution, exposed continuously to compress the revolution in order to overthrown, has been successful in this. And was first to these "Almstrisin" (similar to Almstozyren) to wait to see what it will say the new constitution on the choice between the Republic of Alپrlmanip Republic, presidential, and that apply to elections Alپrlmanip or presidential if the new constitution, consistent with their principles, and in each case after to ask themselves hard questions about the In fact, what they offered in the office of Egyptian, Arab or international and answer these questions with answers to substantive as possible.6: We turn to review some of these proposed constitutional amendments relating to the Presidency of the Republic and the only addition to Article 75 is the phrase "and not have to carry or any of the parents and the nationality of another State, and not be married to a non-Egyptian"? It is evident that the phrase troubled: what opinion one who "Download" and then "repents and turns," Why did not extend to the condition of married in the past, too? What is the benefit of such detailed requirements while came all the catastrophes in the Arab world the whole of the national campaign citizenship alone did not marry "Arab" or foreign? Suffice to ease restrictions of Article 76 the previous heavy. It is no longer required "to support advanced filtering two hundred and fifty members, at least from the elected members of the People's Assembly and Shura Council and local councils for the provinces, but at least the number of supporters for sixty-five members of the People's Assembly, and twenty-five members of the Shura Council, and ten members from each Council peoples local conservation of the province four years at least, "with the numbers increasing as increased numbers of these boards, and taking into account that" there may be support for more than one candidate. " In the new amendments is enough "Thirty members, at least from the elected members of the People's Assembly and Shura Council, or that the candidate receives the support of at least thirty thousand citizens who have the right to vote in five years the province at least, so that at least the number of supporters in any of those provinces A supporter of, "as the right in accordance with these amendments for each party member won a seat in a chamber" in the last elections to nominate one of its members to the presidency of the republic. " There is no doubt that there is relief in the clear here. So that he can be nominated or nominate a person meets the conditions: a: In the event that only 30 members of chambers (instead of the 65 members of the People's Assembly and 25 members of the Shura Council); or b: in the event that at least 30 000 citizens from 15 counties at least, with a requirement for 1000 pro, at least, from each governorate of them (instead of ten members from each local council of the province of fourteen maintain at least); or c: to support a party that has a seat in the last election to a chamber for the nomination of one of its members for the presidency (rather than support the existing party five years ago related and holds 3% of the total seats in Parliament or the equivalent of that in one of them to nominate a member of its senior membership may be contacted over the full year). However, we have eminent personalities with political ambitions but do not have membership of any party, and may be discussed one of them for 30 members of the chambers, or about 30 000 citizens with the restriction of the number of constraints other conditions Qasien for the characters does not work in politics in recent years in Egypt, even though they incomparably better knowledge of the integrity of those who corrupted the political life in Egypt when they came to her over the decades long past ready thanks to their ability to meet all the conditions. And that with the expansion of the judicial committee supervising the presidential election. There are of course restrict the Presidency of the Republic Bmd, at most, to restrict all for four years (instead of the number of open periods of six years each for them). It may be all the relief well, but there may be better options if not in this or that mitigation In the general framework of the broader any permanent repeal the 1971 Constitution and its amendments and the issuance of a new constitution.7: Article 139 of the required amendments to the President that "sets" within sixty days, one or more vice, and the President his removal and the appointment of others. Here may seem at first glance that this article achieved a popular demand for the existence of a vice-president, but how is this win-win situation if the president absolute authority is appointed, who are exempt? Why did not think the Committee to elect a Vice President does not relieve him or her designee? There is no justification for this deification of the powers of the President of the Republic of sanctification and inviolability.8: There is also the Emergency Law. The amendments do anything new of significance? I do not think. Why? When we read this amendment (Article 148), we find that which declares a state of emergency is also the President of the Republic "absent" in the current situation in Egypt, it is therefore not applicable at this time. And make the new article on the President declare a state of emergency View of the parliament during the seven days following (the announcement). If the Council is in session convened it shall be held during the week stipulated. If the dissolved must wait for the first meeting of the new Council (of course after his election, which could prolong the time of its procedures), with a requirement for approval of the majority of this Council, with the restriction of a state of emergency for six months, and then call a referendum of the people in case you need to extend it. Valjdid limited permission to: a: 7 days instead of 15 days in the stalled, and b: to call a session if the declaration of a state of emergency in the non-session session (this is entirely new text, and truth be told), and c: Restrict a state of emergency, including not than six months (instead of just talking about the "specified period"), may not be extended after it until after the referendum of the people (instead of the tide with the consent of the Council of the People). The first item on the "best" in itself, and the second item does not add anything significant because the Council in this case, leave and other promiscuous, but not too bad! The third item and the latter then comes the duration of the six-month period is short and restricts the state of emergency referendum of the people and not with the consent of the People's Assembly, and our experience with referendums as well as with people's councils unpleasant and perhaps the Council people a little better from the Council of 2005 Best of the referendum, as if they say: We will go to democracy direct to the people themselves through a referendum rather than the Council "represents" the people only! This coating of the right falsehood. It is important that "street" of the new in these constitutional scholars concede everything to the President of the Republic is perceiving a situation where the head of the Government of the Republic of پrlmanip the authority to impose a state of emergency. Most importantly, all this does not mean anything in the absence of the President of the Republic in Egypt in the "transition period". And, above all and foremost, these scholars Aldsturion sufficient to talk about advertising with complete disregard for the emergency law itself. Inevitably, of course, the existence of emergency legislation in each country, as well as unavoidable in the specific conditions of the Declaration of a state of emergency, direct application of this law in each country or, in some regions. However, the problem lies essentially in the nature of the emergency law. And the emergency law currently in effect inherited from the era of Abdel Nasser also announced a state of emergency on the basis of late that the Covenant and the situation remained undisclosed until now with the exception of eighteen months in the late Sadat era that was declared again in the wake of his assassination. The first article of this law, the notorious on the following: "may declare a state of emergency, whenever a security or public order in the territory of the Republic or in the area of risk, whether it was because of the occurrence of war, a situation that threatens to have occurred or unrest at home or disasters in general or spread of a pandemic ...", and "be a declaration of a state of emergency and end of a decision of the President of the Republic" (Article 2), and on the basis of these broad terms This law grants the president enormous power capable of Balasv all the freedoms, rights and subjecting the country to the absolute rule of the president and the army and the police, It "holds the security forces or the armed forces to carry out orders issued by the President or his representative" (Article 3). There is no room here to review this law, the serious should be abolished on the one hand and the abolition of a state of emergency in all circumstances because we are not currently in a state of emergency so by virtue of broad terms, but by recognizing that, the President of the Republic of the meaning of "unrest at home", for example, on a whim : What is turmoil: protests, sit-ins, strikes by workers or employees, democratic campaign heated, Revolution? And so on this! It will be a quick read of the emergency law enough to realize how Fezath. And ignoring the atrocities of the emergency law in Egypt and the risk posed to declare a state of emergency working committee on the constitution on the venerable search procedure for the declaration and recognition, what a distance that should be completed by the man of law and the constitution! The conclusion is simple: not to the current emergency law, not a state of emergency at the moment.9: The abolition of Article 179 of the Constitution, with respect to "confront the dangers of terrorism" and that makes for the President "to transmit any crime of terror crimes to any judicial body," with restrictions on the freedoms and human rights in accordance with Articles 41, 44 and 45 of the Constitution, it does not add something real in the presence of the notorious emergency law and the Declaration of his condition. It should be noted that this article were not contained in the Constitution of Sadat, but was blessed to add amendments to the Mubarak era in 2007.10: Given the ambiguity of the election of the President of the Republic in terms of schedule, may be distracted thinking of those who interested in us, thinking that they have now powers of the President in his absence, to the area of serious is the desire to build on some of the articles of the new constitutional (such as the Declaration or terminated a state of emergency or repeal the current law of the emergency and the issuance of a new law) for the exercise of these powers in respect of them, and without real support unconstitutional. Added to this dangerous aspect of the text of Article 189 that "both the President of the Republic, after the approval of the Prime Minister, but half the members of the People's Assembly and Shura Council request for a new constitution, etc. ,..", means that the President of the Republic with the consent of the Council of Ministers to request a new constitution, If the Council of the armed forces believed that his powers of the President in his absence on the basis of the presidential mandate when the dismissal or resignation in February 11, 2011, the us to fear that expanding the use of some of these amendments, particularly as the authority in question is not based on any constitutional basis, as explained in a previous article on the occasion of solving the People's Assembly and Shura Council, which may not be resolved for those who act on behalf of the President or the work in accordance with the permanent constitution.11: Before we discuss the amendments relating to the People's Assembly and Shura Council and the issuance of a new constitution, just to confirm that the "Confirmation" These amendments are all a mystery constitutionally real: the People's promiscuous can not, then his confirmation, it remains only to exercise the Supreme Council of the armed forces authority to adopt constitutional amendments , surpassing even the president's powers, even in this defective constitution. But the referendum is the one who will, but by recognizing what power that will require adjustments in the absence of president of the republic and the people who shall be entitled to all of them so (one third of the people in the case of a request for modification of it)? If approved the amendment on the principle of two-thirds of the people "to the people for the referendum date would." There remains then only the Supreme Council of the armed forces, which would inevitably considered himself "compelled" to exercise powers of equal or exceed the powers of the President and the Council of the People in their absence, which the decision is the same Baltnhip or step down, resignation or dismissal, or dissolve Parliament, under pressure from the demands of the revolution of course.12: Regarding the election of the People's Assembly, replace Article 88 of the amendments relating to Article 88 of its place in the permanent constitution and in accordance with the 2007 amendments. What is new here is the full judicial supervision of elections and the "referendum" (instead of the mere existence of "members of judicial bodies in accordance with the 2007 amendments" in the Supreme Commission for Elections and the formation of "public committees of members of judicial bodies"). Article 93 also comes the competence of the "Supreme Constitutional Court decide on the validity organic members of the People", instead of the jurisdiction of "the Council decide on the validity of its members," after he was in the permanent constitution "of its own decision" and kept saying to the President of the People for decades. All this is beautiful as far as the next People's Assembly but was limited to procedures and conditions for the election of the People's Assembly away from the issue of presidential powers, legislative, judicial, executive and the proper balance between them. However, the important question remains relates to the constitutionality of the referendum on the application of these articles rather than process; contain or include what is the best of them in the text of the law disagree based on the revolutionary legitimacy. Here we come to Article 189 relating to the issuance of a new constitution, instead of Article 189 relating to the amendment "of one or more articles of the Constitution," which were not provided any new constitution of any kind, in return for the proposed amendment now devoid of any text on any amendment and the Constitution New may not be any change whatsoever. And given this amendment, as well as President of the Republic, "for half the members of the People's Assembly and Shura Council request for a new constitution and holds the Constituent Assembly of hundred members, elected by a majority of members of both Houses is appointed [to the Shura Council] in a joint meeting, a draft constitution not later than six months from the date of its formation, The President of the Republic of the project, within fifteen days of preparation, to be referred to the people in it ". The Shura Council members elected without recruited to participate in such acts, to be completed by appointment later (and here are kept the Shura Council, the present invention Sadat, who does not make sense to him because he does not enjoy in the constitution real powers to justify its very existence, is also being kept to the principle set third of its members). Of course, the nature of the Commission per cent will come from the nature of the People's Assembly will be elected with all these "Alkrotp," which aims to prevent the Council reflects the political maturity potential in a longer period in the absence of scrambling. After all this comes the role of President of the Republic as "The President of the Republic, once elected, complete the formation of the Council to appoint third of its members." What is the date for the election of President of the Republic, in the absence of any reference to this date we must try to predict. And the procedure to be as fast as it seems a referendum on the amendments, if approved, would be the door open for the election of the president and the election of the People's Assembly and Shura Council. If the election of the President will be preceded by the election of the Houses, so why not be completed immediately the formation of the Shura Council through the "set" one-third of its members CMOS? Does this mean that the President will be elected only after the election of two-thirds of the parliament and the Shura Council?13: However, it is necessary in any case to do a series of actions on the basis of a set of principles in order to establish the Republic of پrlmanip or presidential elections. How can this be? There are two answers: answer پrlman create a new constitution is on the basis that this or that kind of republican system and be based on the constitutional legality in the form of the Supreme Council of the armed forces, when it will be asked to approve such amendments to the election of the People's Assembly and Shura Council. The second answer is the revolutionary legitimacy, the legitimacy of the revolutionary "compatibility" of civilians who represent the forces of revolution, and their right alone, away from the Supreme Council of the armed forces, the leadership of the status quo of the current transition, with the assistance of a new government in form and subject, as they say, in order to establish a democratic system , پrlmany or presidential. These can the revolutionary leadership consensual text version of the law focuses only on a provisional election procedures پrlman the issuance of a new constitution, and runs a wider discussion on the popular democratic constitution is expected before it is put for approval in the manner specified by the text in question, and the reorganization of our republic or presidential Alپrlmanip come. It seems that the Supreme Council of the armed forces wants to have a referendum on constitutional amendments in the fastest time (on March 19, if stabilized, also attributed to a military source yesterday), and if the speed here proof of good faith and seriousness, while the mean speed in the truth "Krotp" real, will hold a referendum before any discussion of popular seriousness of the amendments, will also be parliamentary elections before they take shape and mature, even a little, parties, movements and political organizations, the country witnessed the confiscation of political life for nearly sixty years, and this does not mean only abortion revolution and unloading of the content the real goal of a democratic system and a decent life worthy of human beings.14: The natural conclusion from all of the above is to consider all proposed constitutional amendments unconstitutional in its entirety in the true sense, and thus: no vote in the referendum scheduled to take place, in the case of the inability to cancel all of its procedures
Contributions from Nagy
The amendments called for constitutionalism materials "unconstitutional" on four topics: articles 75, 76, 77 and 139 relating to the president and deputy for the President of the Republic, Article 148 concerning the declaration of a state of emergency, Article 189 and the same material bis bis 1 relating to essentially draft a new constitution , relating to articles 88 and 93 under the supervision of the judiciary to the elections of the parliament and the competence to adjudicate in the health of the membership of this Council, in addition to the abolition of Article 179 relating to terrorism (Al-Ahram February 27, 2011).
The deposed President Mubarak has decided in his statement (pm Thursday, February 10, 2011 the day before the declaration of resignation or dismissal) five articles a constitutional amendment and the abolition of article sixth. And that in the very late response to the demands on the table for a long time was mainly related to Articles 76 and 77 concerning the election of the President and his term of office, and judicial oversight, and the emergency law. In the case of the continuation of Mubarak to the end of his mandate was supposed to according to the logic of popular demands, and the logic of presidential response, that is the presidential election in custody on the basis of these constitutional amendments. However, the resignation or removal of the President created a new situation presents in the first place the legitimacy of these amendments and the election, which will be made accordingly.3: It takes very vague on the date of the election of the President and on what basis. You will be based on the current constitution, the amendments do not affect the absolute powers should adhere to the new constitution when it is released? And when will be elected in this case: before the election of the People's Assembly and Shura Council or after the election or in the dates close together or simultaneous? Or will be elected on the basis of the new constitution, which will be passed after about a year from now? In this case: Can we will remain without a president of the Republic under the delegated powers of the presidency to the Supreme Council of the Armed Forces? If the strain our imagination and our perception of the Republic of پrlmanip based on the new constitution, does this mean landing position of the President to the level just پrotokoly which did not elect him, with the conversion of vast presidential powers now reduced to an elected prime minister and پrlman worthy of the name? It may be self-evident in this case, assuming the commitment of all those elected (the President and members of both Houses) constitution is not elected on the basis of difficulties with compliance with the Constitution may not accept the principles that underpin it.4: The first members of the Committee on the Constitution headed by Justice Tariq human should not be limited to the demands of the amendment and the request of the old deposed President amended the constitutionality of a particular, and to look first and foremost a question of what is the best option for our country: the Republic or the Republic presidential Alپrlmanip. Here, it is natural to expect that supporters of a presidential republic to look in detail the question of the powers of the President to prepare a new constitution separates between the authorities and the balance between them and recreate new Dictatwarat and other gods of human beings. It would also be natural in this case we expect that supporters of the Republic Alپrlmanip to propose a constitution of a completely different kind. What should have been swayed by these scholars Aldsturion behind Specifications presidential republic according to the instructions they received, and if this act of faith Hosary Republic presidential race, he should look for all dimensions and aspects such as the republic and in particular the question of the authorities, as well as it was the first to them and with others to curl up From now on research and studies for the preparation of the new constitution, which will replace the existing or inactivated in accordance with the decisions of the Supreme Council, and opened a large debate on a new constitution instead of getting involved in the preparation of such amendments, which focused on ways inferior compared to the question of the authorities and the separation and balance.5: On the basis of looks and perceptions of a presidential race figures a great many in our political life on the trot to the presidential candidates as if each and every one of them wants to add to his biography and family it has become in the period or periods as President of the Republic of Egypt, who are in this are like professors Almstozyren who are armed with delusions they spared the country before them by becoming a deputy prime minister and before, including the second, third, and fourth, etc.., to be ministers, despite the likelihood that the period of this government is short because the government, as a center for counter-revolution, exposed continuously to compress the revolution in order to overthrown, has been successful in this. And was first to these "Almstrisin" (similar to Almstozyren) to wait to see what it will say the new constitution on the choice between the Republic of Alپrlmanip Republic, presidential, and that apply to elections Alپrlmanip or presidential if the new constitution, consistent with their principles, and in each case after to ask themselves hard questions about the In fact, what they offered in the office of Egyptian, Arab or international and answer these questions with answers to substantive as possible.6: We turn to review some of these proposed constitutional amendments relating to the Presidency of the Republic and the only addition to Article 75 is the phrase "and not have to carry or any of the parents and the nationality of another State, and not be married to a non-Egyptian"? It is evident that the phrase troubled: what opinion one who "Download" and then "repents and turns," Why did not extend to the condition of married in the past, too? What is the benefit of such detailed requirements while came all the catastrophes in the Arab world the whole of the national campaign citizenship alone did not marry "Arab" or foreign? Suffice to ease restrictions of Article 76 the previous heavy. It is no longer required "to support advanced filtering two hundred and fifty members, at least from the elected members of the People's Assembly and Shura Council and local councils for the provinces, but at least the number of supporters for sixty-five members of the People's Assembly, and twenty-five members of the Shura Council, and ten members from each Council peoples local conservation of the province four years at least, "with the numbers increasing as increased numbers of these boards, and taking into account that" there may be support for more than one candidate. " In the new amendments is enough "Thirty members, at least from the elected members of the People's Assembly and Shura Council, or that the candidate receives the support of at least thirty thousand citizens who have the right to vote in five years the province at least, so that at least the number of supporters in any of those provinces A supporter of, "as the right in accordance with these amendments for each party member won a seat in a chamber" in the last elections to nominate one of its members to the presidency of the republic. " There is no doubt that there is relief in the clear here. So that he can be nominated or nominate a person meets the conditions: a: In the event that only 30 members of chambers (instead of the 65 members of the People's Assembly and 25 members of the Shura Council); or b: in the event that at least 30 000 citizens from 15 counties at least, with a requirement for 1000 pro, at least, from each governorate of them (instead of ten members from each local council of the province of fourteen maintain at least); or c: to support a party that has a seat in the last election to a chamber for the nomination of one of its members for the presidency (rather than support the existing party five years ago related and holds 3% of the total seats in Parliament or the equivalent of that in one of them to nominate a member of its senior membership may be contacted over the full year). However, we have eminent personalities with political ambitions but do not have membership of any party, and may be discussed one of them for 30 members of the chambers, or about 30 000 citizens with the restriction of the number of constraints other conditions Qasien for the characters does not work in politics in recent years in Egypt, even though they incomparably better knowledge of the integrity of those who corrupted the political life in Egypt when they came to her over the decades long past ready thanks to their ability to meet all the conditions. And that with the expansion of the judicial committee supervising the presidential election. There are of course restrict the Presidency of the Republic Bmd, at most, to restrict all for four years (instead of the number of open periods of six years each for them). It may be all the relief well, but there may be better options if not in this or that mitigation In the general framework of the broader any permanent repeal the 1971 Constitution and its amendments and the issuance of a new constitution.7: Article 139 of the required amendments to the President that "sets" within sixty days, one or more vice, and the President his removal and the appointment of others. Here may seem at first glance that this article achieved a popular demand for the existence of a vice-president, but how is this win-win situation if the president absolute authority is appointed, who are exempt? Why did not think the Committee to elect a Vice President does not relieve him or her designee? There is no justification for this deification of the powers of the President of the Republic of sanctification and inviolability.8: There is also the Emergency Law. The amendments do anything new of significance? I do not think. Why? When we read this amendment (Article 148), we find that which declares a state of emergency is also the President of the Republic "absent" in the current situation in Egypt, it is therefore not applicable at this time. And make the new article on the President declare a state of emergency View of the parliament during the seven days following (the announcement). If the Council is in session convened it shall be held during the week stipulated. If the dissolved must wait for the first meeting of the new Council (of course after his election, which could prolong the time of its procedures), with a requirement for approval of the majority of this Council, with the restriction of a state of emergency for six months, and then call a referendum of the people in case you need to extend it. Valjdid limited permission to: a: 7 days instead of 15 days in the stalled, and b: to call a session if the declaration of a state of emergency in the non-session session (this is entirely new text, and truth be told), and c: Restrict a state of emergency, including not than six months (instead of just talking about the "specified period"), may not be extended after it until after the referendum of the people (instead of the tide with the consent of the Council of the People). The first item on the "best" in itself, and the second item does not add anything significant because the Council in this case, leave and other promiscuous, but not too bad! The third item and the latter then comes the duration of the six-month period is short and restricts the state of emergency referendum of the people and not with the consent of the People's Assembly, and our experience with referendums as well as with people's councils unpleasant and perhaps the Council people a little better from the Council of 2005 Best of the referendum, as if they say: We will go to democracy direct to the people themselves through a referendum rather than the Council "represents" the people only! This coating of the right falsehood. It is important that "street" of the new in these constitutional scholars concede everything to the President of the Republic is perceiving a situation where the head of the Government of the Republic of پrlmanip the authority to impose a state of emergency. Most importantly, all this does not mean anything in the absence of the President of the Republic in Egypt in the "transition period". And, above all and foremost, these scholars Aldsturion sufficient to talk about advertising with complete disregard for the emergency law itself. Inevitably, of course, the existence of emergency legislation in each country, as well as unavoidable in the specific conditions of the Declaration of a state of emergency, direct application of this law in each country or, in some regions. However, the problem lies essentially in the nature of the emergency law. And the emergency law currently in effect inherited from the era of Abdel Nasser also announced a state of emergency on the basis of late that the Covenant and the situation remained undisclosed until now with the exception of eighteen months in the late Sadat era that was declared again in the wake of his assassination. The first article of this law, the notorious on the following: "may declare a state of emergency, whenever a security or public order in the territory of the Republic or in the area of risk, whether it was because of the occurrence of war, a situation that threatens to have occurred or unrest at home or disasters in general or spread of a pandemic ...", and "be a declaration of a state of emergency and end of a decision of the President of the Republic" (Article 2), and on the basis of these broad terms This law grants the president enormous power capable of Balasv all the freedoms, rights and subjecting the country to the absolute rule of the president and the army and the police, It "holds the security forces or the armed forces to carry out orders issued by the President or his representative" (Article 3). There is no room here to review this law, the serious should be abolished on the one hand and the abolition of a state of emergency in all circumstances because we are not currently in a state of emergency so by virtue of broad terms, but by recognizing that, the President of the Republic of the meaning of "unrest at home", for example, on a whim : What is turmoil: protests, sit-ins, strikes by workers or employees, democratic campaign heated, Revolution? And so on this! It will be a quick read of the emergency law enough to realize how Fezath. And ignoring the atrocities of the emergency law in Egypt and the risk posed to declare a state of emergency working committee on the constitution on the venerable search procedure for the declaration and recognition, what a distance that should be completed by the man of law and the constitution! The conclusion is simple: not to the current emergency law, not a state of emergency at the moment.9: The abolition of Article 179 of the Constitution, with respect to "confront the dangers of terrorism" and that makes for the President "to transmit any crime of terror crimes to any judicial body," with restrictions on the freedoms and human rights in accordance with Articles 41, 44 and 45 of the Constitution, it does not add something real in the presence of the notorious emergency law and the Declaration of his condition. It should be noted that this article were not contained in the Constitution of Sadat, but was blessed to add amendments to the Mubarak era in 2007.10: Given the ambiguity of the election of the President of the Republic in terms of schedule, may be distracted thinking of those who interested in us, thinking that they have now powers of the President in his absence, to the area of serious is the desire to build on some of the articles of the new constitutional (such as the Declaration or terminated a state of emergency or repeal the current law of the emergency and the issuance of a new law) for the exercise of these powers in respect of them, and without real support unconstitutional. Added to this dangerous aspect of the text of Article 189 that "both the President of the Republic, after the approval of the Prime Minister, but half the members of the People's Assembly and Shura Council request for a new constitution, etc. ,..", means that the President of the Republic with the consent of the Council of Ministers to request a new constitution, If the Council of the armed forces believed that his powers of the President in his absence on the basis of the presidential mandate when the dismissal or resignation in February 11, 2011, the us to fear that expanding the use of some of these amendments, particularly as the authority in question is not based on any constitutional basis, as explained in a previous article on the occasion of solving the People's Assembly and Shura Council, which may not be resolved for those who act on behalf of the President or the work in accordance with the permanent constitution.11: Before we discuss the amendments relating to the People's Assembly and Shura Council and the issuance of a new constitution, just to confirm that the "Confirmation" These amendments are all a mystery constitutionally real: the People's promiscuous can not, then his confirmation, it remains only to exercise the Supreme Council of the armed forces authority to adopt constitutional amendments , surpassing even the president's powers, even in this defective constitution. But the referendum is the one who will, but by recognizing what power that will require adjustments in the absence of president of the republic and the people who shall be entitled to all of them so (one third of the people in the case of a request for modification of it)? If approved the amendment on the principle of two-thirds of the people "to the people for the referendum date would." There remains then only the Supreme Council of the armed forces, which would inevitably considered himself "compelled" to exercise powers of equal or exceed the powers of the President and the Council of the People in their absence, which the decision is the same Baltnhip or step down, resignation or dismissal, or dissolve Parliament, under pressure from the demands of the revolution of course.12: Regarding the election of the People's Assembly, replace Article 88 of the amendments relating to Article 88 of its place in the permanent constitution and in accordance with the 2007 amendments. What is new here is the full judicial supervision of elections and the "referendum" (instead of the mere existence of "members of judicial bodies in accordance with the 2007 amendments" in the Supreme Commission for Elections and the formation of "public committees of members of judicial bodies"). Article 93 also comes the competence of the "Supreme Constitutional Court decide on the validity organic members of the People", instead of the jurisdiction of "the Council decide on the validity of its members," after he was in the permanent constitution "of its own decision" and kept saying to the President of the People for decades. All this is beautiful as far as the next People's Assembly but was limited to procedures and conditions for the election of the People's Assembly away from the issue of presidential powers, legislative, judicial, executive and the proper balance between them. However, the important question remains relates to the constitutionality of the referendum on the application of these articles rather than process; contain or include what is the best of them in the text of the law disagree based on the revolutionary legitimacy. Here we come to Article 189 relating to the issuance of a new constitution, instead of Article 189 relating to the amendment "of one or more articles of the Constitution," which were not provided any new constitution of any kind, in return for the proposed amendment now devoid of any text on any amendment and the Constitution New may not be any change whatsoever. And given this amendment, as well as President of the Republic, "for half the members of the People's Assembly and Shura Council request for a new constitution and holds the Constituent Assembly of hundred members, elected by a majority of members of both Houses is appointed [to the Shura Council] in a joint meeting, a draft constitution not later than six months from the date of its formation, The President of the Republic of the project, within fifteen days of preparation, to be referred to the people in it ". The Shura Council members elected without recruited to participate in such acts, to be completed by appointment later (and here are kept the Shura Council, the present invention Sadat, who does not make sense to him because he does not enjoy in the constitution real powers to justify its very existence, is also being kept to the principle set third of its members). Of course, the nature of the Commission per cent will come from the nature of the People's Assembly will be elected with all these "Alkrotp," which aims to prevent the Council reflects the political maturity potential in a longer period in the absence of scrambling. After all this comes the role of President of the Republic as "The President of the Republic, once elected, complete the formation of the Council to appoint third of its members." What is the date for the election of President of the Republic, in the absence of any reference to this date we must try to predict. And the procedure to be as fast as it seems a referendum on the amendments, if approved, would be the door open for the election of the president and the election of the People's Assembly and Shura Council. If the election of the President will be preceded by the election of the Houses, so why not be completed immediately the formation of the Shura Council through the "set" one-third of its members CMOS? Does this mean that the President will be elected only after the election of two-thirds of the parliament and the Shura Council?13: However, it is necessary in any case to do a series of actions on the basis of a set of principles in order to establish the Republic of پrlmanip or presidential elections. How can this be? There are two answers: answer پrlman create a new constitution is on the basis that this or that kind of republican system and be based on the constitutional legality in the form of the Supreme Council of the armed forces, when it will be asked to approve such amendments to the election of the People's Assembly and Shura Council. The second answer is the revolutionary legitimacy, the legitimacy of the revolutionary "compatibility" of civilians who represent the forces of revolution, and their right alone, away from the Supreme Council of the armed forces, the leadership of the status quo of the current transition, with the assistance of a new government in form and subject, as they say, in order to establish a democratic system , پrlmany or presidential. These can the revolutionary leadership consensual text version of the law focuses only on a provisional election procedures پrlman the issuance of a new constitution, and runs a wider discussion on the popular democratic constitution is expected before it is put for approval in the manner specified by the text in question, and the reorganization of our republic or presidential Alپrlmanip come. It seems that the Supreme Council of the armed forces wants to have a referendum on constitutional amendments in the fastest time (on March 19, if stabilized, also attributed to a military source yesterday), and if the speed here proof of good faith and seriousness, while the mean speed in the truth "Krotp" real, will hold a referendum before any discussion of popular seriousness of the amendments, will also be parliamentary elections before they take shape and mature, even a little, parties, movements and political organizations, the country witnessed the confiscation of political life for nearly sixty years, and this does not mean only abortion revolution and unloading of the content the real goal of a democratic system and a decent life worthy of human beings.14: The natural conclusion from all of the above is to consider all proposed constitutional amendments unconstitutional in its entirety in the true sense, and thus: no vote in the referendum scheduled to take place, in the case of the inability to cancel all of its procedures
Contributions from Nagy
No comments:
Post a Comment