France, Germany, Britain urge Iran to reverse nuclear deal breaches    Egypt's Sisi says development is the best means to fight terrorism and extremism    Two Egyptian short films to screen at Nigeria's 4th Africa International Film Festival    Alibaba's Singles' Day sales hit $30 billion, on track for record    Africa must quadruple power investment to supply electricity for all, IEA says    Zidane making sure entire Real Madrid squad stays motivated    Lebanese bank employee union calls strike over safety concerns    In Photos: Asasif coffins arrive at Grand Egyptian Museum for display    Corporate earnings lift Dubai stocks, Saudi extends gains    Liverpool win over City suggests long wait may come to an end    LIVE: Ghana v Egypt (U23 Africa Cup of Nations)    Hong Kong spirals into rare working-hour violence as police shoot protester    Turkey should scrap Russian missile system or face U.S. sanctions    Even a little running might help you live longer    Blood supplies inadequate in many countries: Study    During deep sleep, the brain does housekeeping    Global pharmaceuticals lining up to expand investments in Egypt    State-run carrier EgyptAir receives 3rd Airbus A330-200 P2F converted aircraft    Socialists win Spain's election, but far right surges    Egypt's parliamentary affairs minister heads to Geneva for UNHRC meetings    In Photos: Omar Khairat stars at Cairo's Arab Music Festival    10 tips to have your 30s starting a lifelong success    Nike to investigate its Oregon Project following Mary Cain's NYT op-ed    ‘Shining' sequel ‘Doctor Sleep' targets $25 mln opening, has Stephen King's blessing    Iraqi forces push protesters back to main square, kill five    Egypt, Ethiopia, Sudan to work to resolve Nile dam feud by January 15    Sisi: Egypt believes in comprehensive approach to human rights    Egypt's FM Shoukry : GERD talks in Washington yielded positive results    UK University of Hertfordshire to open campus in Egypt new capital    Egypt's bourse, banks to close Sunday to mark Prophet Muhammad's birth    Egypt rejects politicised reports on human rights conditions – parliament    Egypt to vote on 3-month extension of state of emergency Monday    Jurgen Klopp gives injury update on Egypt's Mohamed Salah    Al Pacino says follows this mantra on every acting job    Remembering Mustafa Mahmoud, philosopher of his time    Egypt's Ahly Ramadan Sobhi on Serie A clubs' radar: agent    Court sentences six to death, 41 to lifetime imprisonment violence related case    Trump says he would release Mideast peace plan after Israeli elections    ACWA Power compares 3 bids to supply production units for Luxor power station    What do you know about gold alloying?    NBE announces EGP 2.5m prizes for handball youth teams for their world achievements    Jennifer Lopez evokes Egyptian outrage post her North Coast performance    Al-Sisi honours Egypt's scholars on Science Day    IS claims responsibility for suicide bombing killing 63 in Afghan wedding    Political parties gear up for parliamentary, senate, local elections    Unprecedented Glory: Egypt win Men's U-19 World Handball Championship    12th National Egyptian Theatre Festival fuel up public theatre art scene    Ministry of Environment has a plan for "black clouds season"    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.





Constitutional articles: then and now
Published in Al-Ahram Weekly on 22 - 03 - 2007

On 26 December, 2006, President Hosni Mubarak called for 34 articles of the constitution to be amended. Last week (13 March) both the People's Assembly Legislative and Constitutional Affairs Committee, and the Shura Council, the parliament's upper consultative house, approved the amendments. On Monday 19, the People's Assembly passed the amendments (315 votes, over 2/3 majority), with 109 assembly members voting against. Below, the original articles of the constitution and the introduced amendments (original articles translated into English by the State Information Service: <www.sis.gov.eg and amendments by Al-Ahram Weekly staff).
Article 1: The Arab Republic of Egypt is a democratic, socialist state based on an alliance of the people's working forces. The Egyptian people form an integral part of the Arab world and work for the realisation of its comprehensive unity.
Amended article 1: The Arab Republic of Egypt adopts a democratic system based on citizenship. The Egyptian people form an integral part of the Arab world and work for the realisation of its comprehensive unity.
Article 4: The economic foundation of the Arab Republic of Egypt is the socialist democratic system based on sufficiency and justice in a manner preventing exploitation, narrowing the gap between incomes, safeguarding legal gains and guaranteeing a fair distribution of public responsibilities and expenditure.
Amended article 4: The economy of the Arab Republic of Egypt is based on developing economic enterprise, social justice, and safeguarding different forms of ownership and preserving the rights of workers.
Article 5: The political regime of the Arab Republic of Egypt is based on a multi-party system within the framework of the fundamental basics and principles of Egyptian society as stipulated by the constitution. Political parties shall be regulated by law.
Amended article 5: The political regime of the Arab Republic of Egypt is based on the multi-party system within the framework of the fundamental basics and principles of the Egyptian society as stipulated by the constitution. Political parties shall be regulated by law.
[added paragraph]: Citizens have the right to form political parties in accordance with the law. Any political activity or political parties shall not be based on religious authority or foundation, or on any discrimination on the basis of race or gender.
Article 12: 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.
Amended article 12: 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, and public morality within the limits of the law.
Article 24: The people shall control all the means of production and direct their surplus in accordance with the development plan laid down by the State.
Amended article 24: The state will protect production and will strive to achieve economic and social development.
Article 30: Public ownership is the ownership of the people and it is confirmed by the continuous consolidation of the public sector.
Amended article 30: Public ownership is the ownership of the people and is represented by state and individual ownership.
Article 33: Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law, as it is considered the mainstay of the strength of the homeland, a basis for the socialist system and a source of prosperity of the people.
Amended article 33: Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law. [Rest of the article deleted]
Article 37: The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation and asserting the authority of the alliance of the people's working powers at the level of the village.
Amended article 37: The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation. [Rest of the article deleted]
Article 56 (paragraph two): The law regulates the participation of syndicates and unions in carrying out the social programmes and plans, raising the standard of efficiency, consolidating the socialist behaviour among their members, and safeguarding their funds.
Amended article 56 (paragraph two): The law regulates the participation of syndicates and unions in carrying out the social programmes and plans, raising the standard of efficiency among their members and safeguarding their funds.
Article 59: Safeguarding, consolidating and maintaining socialist gains is a national duty.
Amended article 59: Conserving the environment is a national duty. The law shall regulate what is needed to create a healthy environment and the measures necessary to conserve it.
Article 62: Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty.
Amended article 62: Citizens shall have the right to vote and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty. The law regulates the right of nomination to the People's Assembly and Shura Council in accordance with any electoral system defined by law.
It is possible for the [electoral] law to stipulate a system combining individual [parliamentary representation] and party slate system, in accordance with a proportion to be defined by law. And it is also possible that the law stipulates minimum quota for the representation of women in the two houses [of parliament] .
Article 73: The Head of the State is the President of the Republic. He shall assert the sovereignty of the people, respect the Constitution and the supremacy of the law, safeguard the national unity and the socialist gains, and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.
Amended article 73: The Head of the State is the President of the Republic.
He shall assert the sovereignty of the people, respect the Constitution and the supremacy of the law, safeguard national unity and social justice, and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.
Article 74: If any danger threatens the national unity or safety of the motherland or obstructs state institutions from performing their constitutional roles, the president of the republic shall take urgent measures to face this danger, direct a statement to the people and conduct a referendum on these measures within 60 days of their adoption.
Amended article 74: If any immediate and serious danger threatens national unity or the safety of the motherland or obstructs state institutions from exercising their constitutional roles, the president of the republic shall invoke urgent powers to face this danger after consulting with the prime minister, the speakers of the People's Assembly and the Shura Council, direct a statement to the people and conduct a referendum on these measures within 60 days of its adoption. The People's Assembly and the Shura Council cannot be dissolved during the time of exercising these powers.
Article 76 (paragraphs three and four): Nomination for presidential elections shall be allowed for political parties provided they were founded five years before the date for candidacy nominations, have been active throughout this period and have at least five per cent of seats in each of the People's Assembly and Shura Council. Candidates from political parties for presidential elections should hold high office in their parties and have done so for at least one year.
Political parties shall be allowed to nominate a candidate in the first presidential election to be conducted after the promulgation of this article while being exempted from the conditions in the paragraph above. The candidate must be a member of the party's higher council, formed before 10 May, 2005.
Amended article 76: Nomination for presidential elections shall be allowed for political parties provided they were founded five years before the date for candidacy nominations, have been active throughout this period and have at least three per cent of the total of elected seats in each of the People's Assembly and Shura Council, or the equivalent of this combined percentage in one of the two houses. The presidential candidate to be fielded by any party must have held high office for at least one continuous year.
As an exception from the above paragraph, the above-mentioned political parties shall be allowed to field candidates in any presidential elections to be conducted within the next ten years, starting from 1 May 2006 provided that one of its members has won a seat in the People's Assembly or Shura Council in the most recent parliamentary elections.
Article 78: Procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of the new President being made for any reason whatsoever, the former President shall continue to exercise his functions until his successor is elected.
Amended article 78: Procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of the new President being made for any reason whatsoever, the former President shall continue to exercise his functions until his successor is elected.
Should the election of the new president be announced before his predecessor ends his term, his presidency term will start on the day following the completion of the [other] term.
Article 82: If on account of any temporary obstacle the president of the republic is unable to carry out his duties he shall delegate his powers to a vice-president.
Amended article 82: If on account of any temporary obstacle the president of the republic is unable to carry out his duties, he shall delegate his powers to a vice-president or the prime minister in case there is no vice-president. The person who will deputise for the president shall not be allowed to request amendments to the constitution, dissolve the People's Assembly or Shura Council or dismiss the government.
Article 84 (paragraph one): In case of the vacancy of the Presidential Office or the permanent disability of the President of the Republic, the President of the People's Assembly shall temporarily assume the Presidency; and, if at that time, the People's Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, however, on condition that neither one shall nominate himself for the Presidency.
Amended article 84 (paragraph one): In case of the vacancy of the Presidential Office or the permanent disability of the President of the Republic, the President of the People's Assembly shall temporarily assume the Presidency; and, if at that time, the People's Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, however, on condition that neither one shall nominate himself for the Presidency -- this should be carried out in accordance with the [introduced] second paragraph of Article 82.
Article 85 (paragraph two): The president shall be suspended from exercising his duties as from the issuance of the impeachment. The vice-president shall take over the presidency temporarily until a decision on the impeachment is taken.
Amended article 85: The president shall be suspended from exercising his duties as from the issuance of the impeachment. The vice-president or, in case there is no vice-president, the prime minister, shall take over the presidency temporarily -- and in accordance with the second paragraph of Article 82 -- and until a decision on the impeachment is taken.
Article 88: The necessary conditions stipulated for becoming a member of the People's Assembly shall be defined by law. The rules of election and referendum shall be determined by law and the ballot shall be conducted under the supervision of members of the judiciary authority.
Amended article 88: The necessary conditions stipulated for becoming a member of the People's Assembly shall be defined by law. The rules of election and referendum shall be determined by law.
The ballot shall be conducted in one day. A supreme commission characterised by independence and impartiality will supervise the elections as regulated by law. The law shall define the functions of the commission and the way it is formed and ensure its members are either current or retired judges. The commission will take charge of forming the general committees to supervise the elections at the level of voting districts and committees which will supervise polling and vote-counting. The general committees should be formed of members of the judicial authorities in accordance with the rules and measures regulated by law.
Article 94: If the seat of a member becomes vacant before the end of his term, a successor shall be elected or appointed to it, within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy.
The term of the new member shall extend until the end of the term of his predecessor.
Amended article 94: If the seat of a member becomes vacant before the end of his term, his post should be filled in accordance with the law, within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy.
The term of the new member shall extend until the end of the term of his predecessor.
Article 115: The draft general budget shall be submitted to the People's Assembly at least two months before the beginning of the fiscal year. It shall be considered in effect after approval.
The draft budget shall be voted upon title by title and shall be promulgated by a law. The People's Assembly may not effect any modification in the draft budget except with the approval of the government. In case the ratification of the new budget does not take place before the beginning of the fiscal year, the old budget shall be acted on pending such ratification.
The manner of the preparation of the budget as well as the determination of the fiscal year is to be defined by law.
Amended article 115: The draft general budget shall be submitted to the People's Assembly at least three months before the beginning of the fiscal year. It shall be considered in effect after approval.
The draft budget shall be voted upon title by title a nd the People's Assembly can change the items of expenditure in the draft budget except for the ones obliged by the state to meet fixed commitments. And if the change asked by Assembly would lead to an increase in expenditures this should come with the approval of the government in terms of creating revenues required to strike a balance between them and the expenditures. The budget will be issued by a law giving the right to chance any existing law in a way to achieve a balance. In case the ratification of the new budget does not take place before the beginning of the fiscal year, the old budget shall be acted on pending such ratification.
The manner of the preparation of the budget as well as the determination of the fiscal year is to be defined by law.
Article 118 (first paragraph): The final account of the State budget shall be submitted to the People's Assembly within a period not exceeding one year from the date of the expiration of the fiscal year. It shall be voted upon title by title and issued by a law.
Amended article 118: The final account of the State budget shall be submitted to the People's Assembly within a period not exceeding six months from the date of the expiration of the fiscal year. It shall be voted upon title by title and issued by a law.
Article 127: The People's Assembly shall determine the responsibility of the Prime Minister, on a proposal by one-tenth of its members. Such a decision should be taken by the majority of the members of the Assembly.
It may not be taken except after an interpellation addressed to the government, and after at least three days from the date of its presentation. In the event that such responsibility is determined, the Assembly shall submit a report to the President of the Republic including the elements of the subject, the conclusions reached on the matter and the reasons behind it.
The President of the Republic may return such a report to the Assembly within ten days. If the Assembly ratifies it once again, the President of the Republic may put the subject of discord to a referendum.
Such a referendum shall take place within thirty days from the date of the last ratification of the assembly, in which case the assembly sessions shall be terminated.
If the result of the referendum is in support of the government, the Assembly shall be considered dissolved, otherwise the President of the Republic shall accept the resignation of the council of ministers.
Amended article 127: The People's Assembly shall determine the responsibility of the Prime Minister, on a proposal by one-tenth of its members. Such a decision should be taken by the majority of the members of the Assembly.
It may not be taken except after an interpellation addressed to the government, and after at least three days from the date of its presentation. In the event that such responsibility is determined, the Assembly shall submit a report to the President of the Republic including the elements of the subject, the conclusions reached on the matter and the reasons behind it.
It is to the President of the Republic to accept the government's resignation or to return such a report to the Assembly within ten days. If the Assembly ratifies it again with a majority of one third of its members, the President of the Republic shall accept the government's resignation.
If the Assembly refused a proposal of withdrawing confidence, then whoever requested the withdrawal of confidence may not repeat the request while parliament is in session [during that year] .
Article 133: After the formation of the cabinet and at the inaugural meeting of the ordinary session of the People's Assembly, the Prime Minister shall submit the programme of the government. the People's Assembly is entitled to discuss such programme.
Amended article 133: After the formation of the cabinet the Prime Minister shall submit the programme of the government within 60 days or in the first meeting if the parliament was not in session. If the majority of the Assembly does not approve this programme, the President of the Republic shall accept the government's resignation. If the Assembly does not approve the new government's programme, the President of the Republic shall dissolve the Assembly or accept the government's resignation.
The Prime Minister and the ministers or other members of the government can deliver a statement in front of the People's Assembly or one of its committees regarding issues of their concern. The Assembly or the committee shall discuss this statement and provide any comments they deem necessary.
Article 136: The president shall not dissolve the People's Assembly unless it is necessary and after a referendum to be put to the public. The president shall issue a decision terminating the sessions of the assembly and conducting a referendum within 30 days. If the total majority of voters approve the dissolution of the assembly, the president shall issue the dissolution decision. The decision dissolving the assembly shall include an invitation to voters to participate in new parliamentary elections within a period not exceeding 60 days from the date of the declaration of the referendum results.
Amended article 136: The president shall not dissolve the People's Assembly unless it is necessary and after consulting with the prime minister. If the assembly is dissolved for a specific reason, it cannot be dissolved again for the same reason.
The decision dissolving the assembly shall include an invitation to voters to participate in new parliamentary elections within a period not exceeding 60 days from the date of the declaration of the dissolution decision.
Article 138: The President of the Republic in conjunction with the government, shall lay down the general policy of the state and supervise its implementation in the manner prescribed in the constitution.
Amended article 138: The President of the Republic in conjunction with the government, shall lay down the general policy of the state and supervise its implementation in the manner prescribed in the constitution.
The President of the Republic shall exercise his powers stipulated in articles 144, 145, 146, 147 after the cabinet's agreement, and powers mentioned in articles 108, 148, 151 paragraph two after consultation with the president.
Article 141: The President of the Republic shall appoint the Prime Minister, his deputies, the ministers and their deputies and relieve them of the posts.
Amended article 141: The President of the Republic shall appoint the Prime Minister and relieve him from his post. The President of the Republic shall appoint the Prime Minister's deputies, the ministers and their deputies and relieve them of the posts after consulting with the Prime Minister.
Article 161: The Arab Republic of Egypt shall be divided into administrative units, enjoying moral entities, among which shall be governorates, cities and villages. Other administrative units may be established, having moral entities, if this may be required by the common interest.
Amended article 161: The Arab Republic of Egypt shall be divided into administrative units, enjoying morel entities, among which shall be governorates, cities and villages. Other administrative units may be established, having moral entities, if this may be required by the common interest.
The law shall guarantee the endorsement of decenteralisation and regulate the means by which the administrative units can supply and upgrade local facilities and service, develop it and provide good management.
Article 173: A supreme council, presided over by the president, shall supervise the affairs of the judiciary. The law shall prescribe its formation, its functions and its rules of action. It shall be consulted with regards to draft laws regulating the affairs of the judiciary.
Amended article 173: Each of the judicial authorities will take charge of its own affairs. A council including chairmen of all judicial authorities and under the chairmanship of the president will oversee their joint interests. The formation, functions and rules of this council shall be defined by law.
Article 179: The socialist prosecutor-general shall be responsible for assuming the procedures necessary to secure the people's rights, the safety of society and its political system, the preservation of socialist gains, and commitment to socialist behaviour. The law shall define his other functions. He shall be subject to the purview of the People's Assembly in accordance with what is prescribed by law.
Amended article 179: The state will assume the responsibility of safeguarding security and public order in the face of the dangers of terrorism. Special rules of identification and investigation required for combating such dangers shall be regulated by the law under the supervision of the judiciary and in a way that can not be hampered by the measures stated in articles 41, 44 and the second paragraph of Article 45 of the constitution. The president of the republic is empowered to refer any terrorist crime to any of the judicial authorities stated in the constitution or the law.
Article 180: The State alone shall establish the Armed Forces which shall belong the people. Their duty shall be to protect the country, safeguard its territory and security, and protect the socialist achievements of the popular strife.
No organisation or group may establish military or semi-military formations. The law shall prescribe the conditions of service and promotion for the Armed Forces.
Amended article 180: The State alone shall establish the Armed Forces which shall belong the people. Their duty shall be to protect the country, safeguard its territory and security. [rest of paragraph deleted]
No organisation or group may establish military or semi-military formations. The law shall prescribe the conditions of service and promotion for the Armed Forces.
Article 194: The Shura Council is concerned with the study and proposal of what it deems necessary to preserve the principles of the July 23, 1952. Revolution and the May 15, 1971 Revolution, to consolidate national unity and social peace, to protect the alliance of the working forces of the people and the socialist gains as well as the basic components of society, its supreme values, its rights and liberties and its public duties, and to entrench the democratic socialist system and widen its scope.
Amended article 194: The Shura Council is concerned with the study and proposal of what it deems necessary to consolidate national unity and social peace, to protect the basic components of society, its supreme values, its general rights, liberties and public duties.
Article 195: The Shura Council shall be consulted in the following:
1. Proposals for the amendment for one or more articles of the constitution.
2. Draft laws complementary to the constitution.
3. Draft of the general plan for social and economic development.
4. Peace treaties, alliances and all treaties affect the territorial integrity of the State or those concerning sovereignty rights.
5. draft laws referred to the Assembly by the President of the Republic.
6. Whatever matters referred to the Assembly by the President of the Republic relative to the general policy of the State or its policy regarding Arab or foreign affairs.
The Assembly shall submit to the President of the Republic and People's Assembly its opinion in such matters.
Amended article 195: The Shura Council shall be consulted in the following:
1. Draft of the general plan for social and economic development.
2. draft laws referred to the Council by the President of the Republic.
3. Whatever matters referred to the Council by the President of the Republic in relation with the general policy of the State, or its policy regarding Arab or foreign affairs.
The Council shall submit to the President of the Republic and People's Assembly its opinion in such matters.
Article 205: The following articles of the constitution shall apply to the Shura Council:
(89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 106, 107, 129, 130, 134) insofar as they are not incompatible with the stipulation cited in this part:
The Shura Council and its President shall exercise the competencies specified in the afore mentioned articles.
Amended article 205: The following articles of the constitution shall apply to the Shura council:
( 62) and (88, paragraph two), 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 106, 107, 129, 130, 134) insofar as they are not incompatible with the stipulation cited in this part. The Shura Council and its President shall exercise the competencies specified in the afore mentioned articles.


Clic here to read the story from its source.