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Building the house
Published in Al-Ahram Weekly on 15 - 12 - 2005

As President Hosni Mubarak prepares to address the newly-elected People's Assembly on Saturday, Gamal Essam El-Din reviews 140 years of parliamentary history
Parliamentary elections, which ended a week last Wednesday, have resulted in a People's Assembly the composition of which is unique. The 2005-2010 assembly not only includes the largest ever number of deputies belonging to the outlawed Muslim Brotherhood, it is the first time in living memory that the ruling party has secured a majority of almost 70 per cent. The National Democratic Party is far more accustomed to operating in a house where it controls more than 90 per cent of the total number of seats.
The newly-elected People's Assembly is Egypt's seventh parliament since 1971, the year in which the current constitution was passed. It is Egypt's 21st parliament since Khedive Ismail, who ruled from 1863 to 1879, established the first assembly in 1866. The Khedive's Shura Council of Representatives, which had no legislative powers, acted as an advisory body.
It was only after the promulgation of the 1923 constitution that a two-house parliament, with the power of legislating and withdrawing confidence from the government, was formed. Consisting of a House of Representatives and a Senate, the House initially had 213 seats, a number that gradually increased to 319. The Senate initially had 120 seats, and later 180.
Adel Wali, a researcher at the People's Assembly, says the two houses exercised considerable power over legislation and the government budget, which needed the Assembly's approval. Yet under the 1923 constitution the king was allowed to dissolve parliament, a state of affairs that led to 10 houses of representatives being formed between 1923 and 1952. Indeed, just one of those 10 parliaments actually completed a full five- year term, between 1945 and 1949.
Both houses were disbanded at the end of 1951, less than a year before the overthrow of the monarchy in July of the following year. In 1956 a new constitution and a law regulating the exercise of political rights was passed, paving the way for the 250-member National Assembly that first sat in 1957. It was destined to have a short life, and was disbanded in early 1958 following the announcement of the union between Egypt and Syria.
Parliamentary structures underwent a radical change in 1964, two years after a national charter had been approved stipulating that half of the Assembly's seats be reserved for workers and peasants. As a result each constituency was represented by two deputies, one a worker and the other a fe'at, or professional. It is a system that remains in effect today.
Until 1984, when the slate system was introduced, members of parliament were elected according to the individual candidacy system. After 1984 candidates were obliged to run on a party ticket, with the electorate voting for a party rather than individual candidates. In order to gain a foothold in parliament individual parties must secure at least eight per cent of the popular vote.
Three years later the Supreme Constitutional Court declared the slate system unconstitutional on the grounds that it discriminated against candidates who wanted to run as independents, and as a result of the ruling a combination of the slate and individual systems was introduced in 1987. This too was eventually judged unconstitutional by the court and in 1990 the individual candidacy system was reintroduced.
This has been applied until the last three-stage elections which were held from 9 November to 7 December.
Every parliament since 1957 has been dominated by a massive ruling party majority and the new house is the first assembly in which that majority has fallen to almost 70 per cent, a result, most political observers agree, of the political ferment enveloping Egypt for 12 months now.
In his presidential election campaign President Hosni Mubarak promised constitutional amendments to enhance the supervisory powers of the new Assembly and an overhaul of the electoral system aimed at giving parties greater representation in parliament, thus making them eligible to nominate candidates for the presidential elections.
Under the 1971 constitution the People's Assembly has exercised political, legislative, financial and supervisory roles. Politically, the Assembly must debate policy statements made by the president and the prime minister at the beginning of each parliamentary session and has the power to declare a state of emergency. In legislative terms, the Assembly can propose and pass new laws, in addition to debating, modifying, approving or rejecting legislation proposed by the government.
Its financial role extends to debating the state budget and approving or rejecting new taxes, foreign loans and grants. In supervising government actions, members of the Assembly can direct questions and interpellations to cabinet ministers, debate the reports of the Central Auditing Agency and form fact- finding committees.
The Assembly has 19 specialised sub-committees plus a general committee including the chairmen of the sub- committees.
The Assembly comprises 444 seats to which members are elected, and an additional 10 seats the occupants of which are appointed by the president. While cabinet ministers are allowed to stand in elections members of the armed forces and provincial governors are banned from doing so. Any attempt to strip a member of his or her parliamentary immunity requires the approval of two-thirds of the house. \


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