The Egyptian people are part of the Arab Nation and work for the realization of its comprehensive unity. The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution.
The political system of the Arab Republic of Egypt is a multiparty one, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution.
The citizens have the right to establish political parties according to the law. It is prohibited, however, to exercise any political activity or to found any political party based on religious considerations or on discrimination on grounds of gender or race. The State strives to preserve the genuine character of the Egyptian family—with the values and traditions it embodies—while affirming and developing its character in relations within the Egyptian society.
The State shall guarantee the protection of motherhood and childhood, take care of children and youth and provide suitable conditions for the development of their talents. The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society, considering her equal status with man in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence. The society shall be committed to safeguarding and protecting morals, promoting the genuine Egyptian traditions and abiding by the high standards of religious education, moral and national values, historical heritage of the people, scientific facts, socialist conduct and public morality within the limits of the law.
Work is right, a duty and an honor ensured by the State. Workers who excel in their field of work shall receive the appreciation of the State and the society. No work shall be imposed on the citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration. All citizens have the right to public offices, which are assigned to those in trust in the service of the people. The State guarantees the protection of public officers in the performance of their duties in safeguarding the interests of the people.
They may not be dismissed on other than disciplinary grounds except in the cases specified by the law. The war veterans, those injured in war or because of it, and the wives and children of those killed shall have priority in work opportunities according to the law. The State shall guarantee cultural, social and health services, and work to ensure them for the villages in particular in an easy and regular manner in order to raise their standard.
The State shall guarantee social and health insurance services. All citizens have the right to pensions in cases of incapacity, unemployment and old-age, in accordance with the law. It is compulsory at the primary stage, and the State shall strive to make it compulsory at the other stages.
The State shall supervise all branches of education and guarantee the independence of universities and scientific research institutions, with a view to linking all of them to the requirements of society and production.
The national economy shall be organized in accordance with a comprehensive development plan which ensures the growth of the national income, fair distribution, higher living standards, elimination of unemployment, the increase of job opportunities, the linking of wages to productivity and the determination of minimum and maximum wages in a manner which guarantees the reduction of disparities between incomes. The State shall sponsor the national production and work for the realization of social and economic development.
Every citizen shall have a share in the national revenue to be defined by the law in accordance with his work or his non-exploitative ownership. The workers shall have a share in the management and profits of the projects. They are committed to the development of production and the implementation of the plan in their production units, in accordance with the law.
Protecting the means of production is a national duty. Beneficiaries shall participate in the management of the services projects of public interest and their supervision in accordance with the law.
The State shall look after the cooperatives in all their forms and encourage handicrafts with a view to developing production and raising income. The State shall endeavor to consolidate the agricultural cooperatives according to modern scientific bases. Ownership shall be under the supervision of the people and the protection of the State.
There are three kinds of ownership: public ownership, cooperative ownership and private ownership. Public ownership is the ownership of the people as represented in the ownership of the State and the public legal persons. Co-operative ownership is the ownership of the co-operative societies. The law guarantees its protection and self-management. Private ownership shall be represented by the non-exploitative capital. The law organizes the performance of its social function in the service of national economy within the framework of the development plan so that it may not be in conflict, in the ways of its use, with the general welfare of the people.
Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law. Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and with a judicial decision.
It may not be expropriated except for the general good and against a fair compensation in accordance with the law. The right of inheritance is guaranteed in it. Nationalization shall not be allowed except for considerations of public interest, in accordance with a law and subject to compensation. The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural laborer from exploitation. All citizens are equal before the law.
They have equal rights and duties without discrimination between them due to race, ethnic origin, language, religion or creed.
Individual liberty is a natural right and shall not be touched. Except in cases of in flagrante delicto no person may be arrested, inspected, detained or his freedom restricted or freedom of movement curtailed except by judicial warrant required for the purpose of an investigation or the preservation of the security of the society. This warrant shall be issued by the competent judge or the Public Prosecutor in accordance with the provisions of the law. The law shall determine the period of custody.
Any person arrested, detained or his freedom restricted shall be treated in a manner compatible with the preservation of his dignity. He may not be detained or imprisoned except in places defined by laws on the organization of the prisons system. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.
Correspondence, wires, telephone calls and other means of communication shall be inviolable and secret and may not be seized or put under surveillance except by judicial warrant and for a limited period according to the provisions of the law. Every individual has the right to express his opinion and to disseminate it verbally or in writing or by photography or by other means within the limits of the law.
Censorship of newspapers as well as their control, suspension or suppression by administrative methods is prohibited. In a state of emergency or in time of war a limited censorship may be imposed on the newspapers, publications and mass media in matters related to public safety or purposes of national security in accordance with the law. The State shall guarantee the freedom of scientific research and literary, artistic and cultural innovation and provide the necessary means for its realization.
No citizen may be prohibited from residing in any place and no citizen may be forced to reside in a particular place, except in the cases defined by the law. No citizen may be deported from the country or prevented from re-entering the national territory. The law shall regulate this right and the forms and conditions of immigration and exit from the country.
Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice. The establishment of associations whose activities are detrimental to society or have a clandestine or military character is prohibited.
The establishment of syndicates and unions on a democratic basis is a right guaranteed by law; they shall be recognized as legal entities. The law shall regulate the participation of syndicates and unions in carrying out the social programs and plans, raising the standard of efficiency among their members, and safeguarding their funds.
They are responsible for questioning their members about their behavior in carrying out their activities in accordance with accepted moral standards, and for the defense of their rights and liberties of their members as defined in the law.
Any violation of individual liberty or of the inviolability of private life of citizens or on any other rights or liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil prosecution is not subject to the statute of limitations. The defense of the motherland is a sacred duty, and conscription is compulsory in accordance with the law.
Safeguarding the environment is a national duty, and the law shall regulate the right to a good environment and the measures necessary to safeguard it.
Citizens shall have the right to vote and express their opinions in referendums in accordance with the provisions of the law. Their participation in public life is a national duty.
The law may adopt a system which combines the individual member system with the party list system on the basis of a ratio between the two systems to be determined by the law. Every individual has the right to submit written petitions signed by himself to the public authorities. Public authorities should not be petitioned in the name of groups, with the exception of disciplinary institutions and juridical persons.
The independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them. Any defendant is innocent until he is proved guilty before a legal court before which he is granted the right to defend himself. Every person accused of a crime must be provided with counsel for his defense. Access to the courts is an inalienable right, and every citizen is entitled to submit his case to the competent judge.
The State shall guarantee free access to the courts for the parties to a controversy and a speedy determination of their claims. Any provision in the law stipulating the immunity of any act or administrative decision from judicial control is prohibited. The right of defense either in person or by counsel is guaranteed.
The Law shall grant needy citizens the means to resort to justice and defend their rights. No criminal charges shall be brought except by indictment of a judicial authority in the cases defined by the law. Any person arrested or detained should be informed promptly of the reasons for his arrest or detention.
He has the right to communicate, inform, and ask the help of anyone as prescribed in the law. He must be confronted, as soon as possible, with the charges brought against him. Any person may lodge a complaint to the courts against any measure taken to restrict his individual freedom. The law regulates the right of complaint in a manner which ensures that a decision is issued within a fixed delay, or else release is imperative. The non-execution of sentences or the obstruction of their execution by the competent civil servants is considered a crime punishable by law.
In this case those who have a vested interest in the execution of the sentence may bring criminal charges before the competent court. He shall assert the sovereignty of the people, ensure respect for the Constitution and the rule of law, safeguard national unity and social justice and keep the authorities within the limits of their respective powers in order to make sure that each performs its role in the interest of the Nation.
The person to be elected President of the Republic must be an Egyptian born to Egyptian parents and enjoy civil and political rights. His age must not be less than 40 Gregorian years. The President shall be elected by direct, public, secret ballot. Procedures related to the nomination process shall be regulated by the law. Candidacies shall be submitted to an independent committee named Presidential Elections Committee.
The Committee shall be composed of the head of the Supreme Constitutional Court as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of the head of the Supreme Constitutional Court, the most senior deputy of the head of the Court of Cassation, the most senior deputy of the State Council. The law shall determine who will act on behalf of the chairman or any member of the Committee, should they be unable to perform their functions for some reason.
Its resolutions shall be final, self-executing and incontestable by any means or before any authority whatsoever. Its resolutions may not be challenged by way of interpretation or by granting a stay of execution. Please send me an e-mail or make a comment if you notice any errors in our assignment of topics. Pingback: stefan. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account.
Notify me of new comments via email. The Constitution strengthened the role of Islam in the legislative and judicial process. The constitution defined those principles as "evidence, rules, jurisprudence and sources" accepted by Sunni Islam.
He argued that it was necessary to ensure the transition of the country and the implementation of the Constitution. This resistance eventually took violent forms with regular clashes between Islamists and secularists.
During the anniversary of the revolution against Mubarak on 25 January , clashes erupted between pro and anti Morsi supporters. Violence between the various groups continued as the society increasingly became divided between the ruling Islamists and the secularists who resisted their rule.
On 1 July , the military gave the pro-Morsi and anti-Morsi faction 48 hours to reach a solution or face military intervention.
Five days after taking office on 8 July, President Mansour issued a new Constitutional Declaration outlining a new transition process and interim governing structures. The Declaration granted Mansour legislative and executive powers—which Morsi and the Muslim Brotherhood had sought all along.
It granted the Interim President the powers to appoint and dismiss ministers. Amongst many other rights, the Declaration recognised the right to free speech but only to the extent allowed by law. Article 10 granted freedom of assembly under certain conditions, but remained silent on the specifics of those conditions.
In terms of the process for writing a new Constitution, the declaration provided for the creation of a ten member-committee C comprised of six top judges and four constitutional lawyers to write a new constitution.
As a matter of fact, the C was not expected to write a completely new constitution but rather to review specific articles of the Constitution and propose amendments.
The C finished this task in August and submitted a draft to a member committee C , which was comprised of the major components of the Egyptian society: women, military, youth etc. According to the constitutional declaration, the C was to produce the final draft of the constitution having then two months of public consultation. In December the passed released a final draft which was approved in a referendum by Significant among the reforms in the new Constitution was the strengthened role of the security sector, in particular, the army and the police as well as the judiciary.
He is elected by a direct vote for a term of four years and is re-eligible once. The President does have some duties relating to the legislative function of government, including the promulgation of statutes, the vetoing of bills, and the ratification of treaties. Any candidate for President must be Egyptian, born to Egyptian parents, married to an Egyptian and hold only Egyptian citizenship. A candidate must also receive the recommendation of at least 20 elected members of the House of Representatives, or endorsements from at least citizens of voting eligibility in at least 15 governorates, with a minimum of endorsements from each governorate.
The President appoints the Prime Minister, who in turn forms the cabinet. Although the President holds the title of Supreme Commander of the Armed Forces, he may not declare war, or send the Armed Forces outside State territory, except after consultation with the National Defence Council and the approval of the House of Representatives with a majority of its members.
The Constitution vests legislative power in a single chamber the House of Representatives. The House is composed of no less than members elected by direct, secret public vote for a five year term. The House of Representatives has the right to impeach the president if he breaches the provisions of the Constitution.
It also approves the national budget, which is put to vote on a chapter-by-chapter basis. The Constitution sets up an independent judiciary that manages its own affairs and those of its members. The President of the Republic or Parliament presents draft laws governing presidential, legislative or local elections to the Supreme Constitutional Court, to determine their compliance with the Constitution prior to dissemination. The Supreme Constitutional Court consists of a president and a sufficient number of deputies to the president.
The Constitution also establishes a Court of Cassation with jurisdiction over the validity of membership in the House of Representatives. Abdullah Al-Arian, Egypt: Dr. Anthony F. Lang, JR. BBC News. Egypt Country Profile. Gerard Direct. International IDEA. United States.
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