By Lubna Abdel-Aziz This oldest of lands is in a state of juvenile euphoria! The avalanche of unfamiliar liberties, leave us light-headed and light-hearted, wearing a permanent and perfectly silly grin on our lips. We know full well, that the road to a true democracy is filled with twists and turns, hurdles and hardships, but we have taken our first step, the most important step of our long journey. Soon we shall have a new government, a new president, and a new constitution that will reflect the true will and resolve of the citizens of Egypt. Steeped in culture and history for 7 millenia, Egypt is intimately familiar with constitutions. A viable system of government has been in force for thousands of years, on the banks of the Nile. In ancient times, Pharoah was at the top of the state hierarchy. Throughout its many eras since, Greek and Roman, Islamic and modern, our constitutions were molded to suit the ruling classes. Between 1879 and 1930, we had 4 constitutions, the most popular being the 1923 constitution which followed closely the constitution of France. Following the overthrow of the monarchy, we adopted a new constitution in 1954. Some of us still long for its restitution. Three other constitutions were adopted , the last being written in 1971, espoused by President Anwar Sadat. In 2005, several articles were amended at the request of former President Hosni Mubarak. On March 19, 2011, the people of Egypt voted heavily , endorsing the removal of these articles, until such time as a new constitution is written for a new Egypt. Constitutions should be written for everyone, priest or pagan, black or white, man or woman, rich or poor, all united together with one past and one future. It behooves us to remember the early Islamic era when the holy prophet Mohammad drafted the Constitution of Medina, ( Sahifet al Madina) shortly after the Hejra in 622 AD. It comprised a formal agreement between the holy prophet, and all the significant tribes and families of Yathrib, (later, Medina) including Muslims, Jews and pagans. It effectively established the security of the community, religious freedom, women's rights, the protection of all individuals, a tax system for supporting the community, a judicial system for resolving disputes, and the barring of all violence and all weapons from the city of Medina, as a "haram"- ---a sacred place. This was the first Islamic state, yet all its citizens enjoyed equal rights. Those who take it upon them to undertake the task of writing a nation's constitution, should pursue a practical plan, not only to gratify the people's wishes of today, but to modify their views of the future. They must be of set purpose and write with deliberation and intent, not unconsciously or incidentally. This should be the pious labour of illustrious names, honourable men of thought and conscience. Calm, candid, contemplative, such men would blush at the mention of inequality or injustice. They should be willing to accept fair and full criticism, with no loss of dignity. If such men are selected to draft our next constitution, it should last for a century, and we could all sleep soundly. Among History's most famous constitutions is the nine-century old Magna Carta. Article 39 of the Magna Carta, relates to "habeus corpus", considered the cornerstone of English liberty and future democracies. It stipulates that: " No free man shall be arrested or imprisoned, or deprived of his property. or outlawed or exiled or in any way destroyed, nor shall we go against him, or send against him, unless by legal judgment of his peers, or by the law of the land" The model of all modern constitutions is what is known as the " Enlightened Constitution", developed by the philosophers of the Age of Enlightenment, such as the British Thomas Hobbes (1588-1679), John Locke (1632-1704), and the French, Jean Jacques Rousseau (1712-1788), Baron de Montesquieu (1689-1755); among others. They proposed that, above all, a constitutions should represent the will of the people. It should also be stable, adaptable and accountable. The quintessential revolution in modern history is the French revolution. The people dared and the people won, ushering in new political and human freedoms. The French revolution successfully buried the old regime of legal inequality. It created a vision for a new, moral universe, where all people are equal under the rule of law. Sovereignty therefore, resides in nations, not individuals. For the first time such words previously unheard of,were uttered : "that all men enjoy inalienable rights". The Americans were greatly inspired by the writings of the French freedom seekers, and they in turn wrote what is considered the most perfect humanitarian document ever written. Not only was the American Constitution (ratified in 1788) , based on the the French, but it also served as the model for the 1948 UN Universal Declaration of Human Rights. Bloody as it was, the French Revolution was responsible for the three best sounding words in any language: Liberte, Egalite, Fraternite. Had a dictator like Qadaffi, bothered to learn the significance of such sacred words, he would not be now cowering in fear under the fire of Tomahawk missiles and British and French Jets. Honourable men should never sit idly and watch the triumph of evil. He has half the deed done who has made a beginning. Horace: Latin poet (65 BC- 8 BC)
