One of the most important components of the roadmap announced in the aftermath of the 30 June 2013 Revolution was the amendment of the 2012 constitution with a view to building a democratic modern state founded on the rule of law and justice. In our contemporary world, the rule of law has indeed become the foundation upon which stable and fair societies are built, and respect for the rule of law and justice, and their promotion, should always guide the activities of every state. In spite of the stipulation in the 2012 constitution that the rule of law is the basis of government in the state, there is an obvious need in the new constitution to clarify that general rule and interpret it with reference to its various applications. Basically, the fundamental principle that should be enshrined in the constitution is the reaffirmation of full respect for the rule of law with all its implications, namely: adherence to the supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, a separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. All these elements constitute the pillars of a stable, free and democratic society. In a broader context, the rule of law, democracy and human rights are interlinked and mutually reinforcing. They are part of the universal principles and values adopted and endorsed by the international community and supported by the aspirations of the Egyptian people. In compliance with the rule of law, the state is responsible to respect human rights and fundamental freedoms for all citizens, without distinction of any kind. It should ensure that women enjoy equal rights and equal participation, including in institutions of governance and the judicial system. It should further prevent and address all forms of discrimination and violence against women, and secure their empowerment and full access to justice. In addition, responsibility of the state extends to the protection of the rights of the child, including legal protection from discrimination, violence, abuse and exploitation. The rule of law is also strongly interrelated to development and its advancement is essential for economic growth, sustainable development and the eradication of poverty in the country. In that context, there is a need to establish fair, stable and predictable legal frameworks for generating economic growth and development, as well as promoting and encouraging investment. Such legal frameworks would include national legislation, rules of international trade law, and dispute settlement mechanisms. In addition, it is through applying the rule of law that the state can succeed in addressing and preventing corruption, which obstructs economic growth and development, erodes public confidence, legitimacy and transparency. Unfortunately, it is an evil that is still widespread in many societies. An essential prerequisite for upholding the rule of law and ensuring that there is no discrimination in the administration of justice is guaranteeing the independence of the judicial system, together with its impartiality and integrity. Such independence should be ensured by the incorporation of the principle of the separation of powers and its actual application. Transitional justice, including judicial and non-judicial measures, can also ensure accountability, provide remedies to victims, promote healing and reconciliation and restore confidence in the institutions of the state. Furthermore, by adhering to the rule of law, the state commits to respect the principles of the Charter of the United Nations, international law and justice, which are essential foundations for a peaceful and just world. And in applying the rule of law, the state is empowered to condemn and combat terrorism in all its forms and manifestations, committed by whomever, wherever and for whatever purposes, as it constitutes one of the most serious threats to internal stability and international peace and security. To conclude, I believe that the drafting of the new constitution can only succeed if its outcome reflects a broad consensus among its drafters who represent different forces and factions in Egyptian society. And this consensus must be based on the broad national interest of all citizens, rather than on the drafters' political affiliations and ideological orientations. As a strong supporter of democracy and the rule of law, I look forward to seeing the current democratic process resulting from the Egyptian revolution succeed and move forward, to the benefit of the Egyptian people and their national aspirations. The writer is former assistant minister of foreign affairs for legal affairs.
