Euro area GDP growth accelerates in Q1'25    Germany's regional inflation ticks up in April    Kenya to cut budget deficit to 4.5%    Taiwan GDP surges on tech demand    Germany among EU's priciest labour markets – official data    UNFPA Egypt, Bayer sign agreement to promote reproductive health    Egypt to boost marine protection with new tech partnership    Eygpt's El-Sherbiny directs new cities to brace for adverse weather    Cabinet approves establishment of national medical tourism council to boost healthcare sector    CBE governor meets Beijing delegation to discuss economic, financial cooperation    Egypt's investment authority GAFI hosts forum with China to link business, innovation leaders    Egypt's Gypto Pharma, US Dawa Pharmaceuticals sign strategic alliance    Egypt's Foreign Minister calls new Somali counterpart, reaffirms support    "5,000 Years of Civilizational Dialogue" theme for Korea-Egypt 30th anniversary event    Egypt's Al-Mashat urges lower borrowing costs, more debt swaps at UN forum    Egypt's Al-Sisi, Angola's Lourenço discuss ties, African security in Cairo talks    Two new recycling projects launched in Egypt with EGP 1.7bn investment    Egypt pleads before ICJ over Israel's obligations in occupied Palestine    Egypt's ambassador to Palestine congratulates Al-Sheikh on new senior state role    Sudan conflict, bilateral ties dominate talks between Al-Sisi, Al-Burhan in Cairo    Cairo's Madinaty and Katameya Dunes Golf Courses set to host 2025 Pan Arab Golf Championship from May 7-10    Egypt's Ministry of Health launches trachoma elimination campaign in 7 governorates    EHA explores strategic partnership with Türkiye's Modest Group    Between Women Filmmakers' Caravan opens 5th round of Film Consultancy Programme for Arab filmmakers    Fourth Cairo Photo Week set for May, expanding across 14 Downtown locations    Egypt's PM follows up on Julius Nyerere dam project in Tanzania    Ancient military commander's tomb unearthed in Ismailia    Egypt's FM inspects Julius Nyerere Dam project in Tanzania    Egypt's FM praises ties with Tanzania    Egypt to host global celebration for Grand Egyptian Museum opening on July 3    Ancient Egyptian royal tomb unearthed in Sohag    Egypt hosts World Aquatics Open Water Swimming World Cup in Somabay for 3rd consecutive year    Egyptian Minister praises Nile Basin consultations, voices GERD concerns    49th Hassan II Trophy and 28th Lalla Meryem Cup Officially Launched in Morocco    Paris Olympic gold '24 medals hit record value    A minute of silence for Egyptian sports    Russia says it's in sync with US, China, Pakistan on Taliban    It's a bit frustrating to draw at home: Real Madrid keeper after Villarreal game    Shoukry reviews with Guterres Egypt's efforts to achieve SDGs, promote human rights    Sudan says countries must cooperate on vaccines    Johnson & Johnson: Second shot boosts antibodies and protection against COVID-19    Egypt to tax bloggers, YouTubers    Egypt's FM asserts importance of stability in Libya, holding elections as scheduled    We mustn't lose touch: Muller after Bayern win in Bundesliga    Egypt records 36 new deaths from Covid-19, highest since mid June    Egypt sells $3 bln US-dollar dominated eurobonds    Gamal Hanafy's ceramic exhibition at Gezira Arts Centre is a must go    Italian Institute Director Davide Scalmani presents activities of the Cairo Institute for ITALIANA.IT platform    







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



'Constitution cannot be patched'
Published in Al-Ahram Weekly on 14 - 04 - 2005

Parliamentary discussion of President Mubarak's proposed constitutional amendment began yesterday, reports Gamal Essam El-Din
The People's Assembly and Shura Council yesterday embarked on a series of sessions to discuss President Hosni Mubarak's 26 February call to amend Article 76 of the constitution to allow more than one candidate to contest presidential elections.
The sessions come against a backdrop of a feverish debate over political reform in Egypt. Next week will also see the fifth round of national dialogue meetings between the ruling National Democratic Party (NDP) and 14 opposition parties. The round will focus on proposed amendments to the 1977 law regulating the performance of political parties.
Yesterday's meeting was the first hearing held by the People's Assembly and Shura Council. The People's Assembly will devote three more sessions next week to the proposed amendment, the Shura Council two.
Parliamentary speaker Fathi Sorour took charge of reviewing the opinions of several professors of constitutional law on Mubarak's proposed amendment. Foremost among them were Tharwat Badawi, Souad El-Sharqawi, Ramzi El-Shaer and Ahmed Kamal Abul-Magd, who is also deputy chairman of the National Council for Human Rights. The meeting was attended by Justice Minister Farouk Seif El-Nasr and Parliamentary Affairs Minister Kamal El-Shazli. The meeting, held in closed session, lasted four hours.
The constitutional experts focused on three principles governing the application of Article 76: that presidential hopefuls must obtain the backing of a quorum of elected MPs in the People's Assembly, Shura Council and elected members of municipal councils; that a commission of judicial and political figures must oversee the presidential election and that the election itself should take place in one day.
A consensus emerged among the consulted experts that the selection criteria for candidates must err on the side of leniency. They also agreed that although Mubarak's proposal is an important step Egypt is in desperate need of a new constitution rather than amendments patching up the old.
Tharwat Badawi, veteran professor of constitutional law, said the current constitution had been stillborn. "The constitution promulgated in 1971," he said, "was not the one drafted by leading professors of constitutional law." Instead the 1971 constitution had been tailored by a handful of law professors close to late President Anwar El-Sadat "in order to serve the needs of President Sadat and provide him with sweeping powers at the expense of the legislative and judicial branches".
Souad El-Sharqawi agreed with Badawi, arguing that Egypt needs a new constitution that balances in authority of the executive, the judicial and the legislative. "This is neccessary," said El-Sharqawi, "to ensure the power of the president of the republic does not undermine the powers of the judiciary and the legislative."
The experts differed on the way in which the rules governing the presidential election should be applied. Badawi opposed candidates having to obtain the backing of elected MPs in the Assembly or Shura Council. "This principle could undermine Mubarak's proposal given the Assembly and the Council are monopolised by the ruling National Democratic Party (NDP)." He preferred a system under which candidates obtain the signatures of registered voters, though the number, he said, "must not be so big as to discourage prominent independent political figures from nominating themselves".
El-Sharqawi shared his rejection of candidates obtaining support from elected MPs and instead proposed a two phase election: "While the first would be contested by many candidates, the second run-off would be between the two with the highest number of votes."
The majority of legal experts rejected the NDP's proposal that the commission supervising the presidential elections include members of the executive authority. They criticised the suggestion it be chaired by the minister of justice and suggested the chairman of the Supreme Constitutional Court instead. The Egyptian Judges Association had earlier in the week threatened to refuse to supervise elections in the absence of legal guarantees of their independence from the executive. The judges are due to meet today to coordinate their position should such guarantees not be forthcoming. Meanwhile, Prime Minister Ahmed Nazif told Reuters on Tuesday that the government was working to ensure that integrity will be the hallmark of the forthcoming parliamentary and presidential elections.
The Shura Council session included a number of former prime ministers, parliamentary speakers and foreign ministers. The meeting, according to Shura Council Chairman Safwat El-Sherif, also included the chairman of the Press Syndicate, Galal Aref. The four-hour session considered constitutions adopted in several Arab and European countries.
The decision to close the session to journalists, said El-Sherif, was intended to allow those participating absolute freedom in expressing their views.


Clic here to read the story from its source.