By Nader Habib Egypt's first foray into constitutional democracy, tentative as it turned out to be, was in 1923, when King Fouad was in power. Some insight into the debate surrounding the writing of the country's first institution has survived in the form of a 240-page document published by the Constitutive Assembly in 1924 under the title, "Collection of the Memoranda of the General Assembly." A careful read through the memoranda reveals a controversy, not much different from what we see today, over crucial matters such as the identity of the nation, the status of minorities, and the sovereignty of the people. "We are part of this work." Thus spoke assembly member Abdel Latif al-Makabati Bey in indignation when Prime Minister Adli Pasha Yakan said, in the opening session of the Constitutive Assembly, that the constitution was a "gift" from the king. The constitution, al-Makabati Bey, went on, was a fruit of the country's struggle and must express the will of the people in its provisions. The Constitutive Assembly comprised 32 members, including 5 former ministers, 10 legislators, three former presidents of the Lawyers' Syndicate, and several public figures. The issue of minorities and the manner of their representation in the parliament was raised by Tawfiq Dos Bey in the session of 21 August 1922. Mahmoud Abul Nasr Bey objected to the discussion of this issue at this particular moment, saying that the assembly must wait till Abdel Hamid Badawi Bey, who was absent in this session but was known to have strong views in the issue, is back. Dos said that he was going away for three days, and if the issue is postponed because of the absence of one member, then it should be postponed till his return, so that all members are treated equally. At which point, Sheikh Mohammad Bekhit urged postponement till two other members, Qillini Fahmi Pasha and Ilyas Awad Bey, are able to join. Accordingly, the Constitutive Assembly postponed the discussion of minorities till the "following Friday" and sent notifications to absent members to attend. On that "following Friday," Tawfiq Dos Bey said that the parliament must not make special arrangements for any section of Egyptians, but must pass laws that are applicable to the entire nation without discrimination. He argued his point in terms of procedural legality: "Let's assume for the sake of argument that the majority intends to be unfair to the minority through the passage of certain laws. The injustice caused by its decisions cannot be stopped by the presence of members of the minority in the parliament, for this presence in and out of itself cannot stop the majority from passing a law," Dos Bey said. Concurring with this argument, the Constitutive Assembly refrained from making any exceptional arrangements for the representation of minorities in the parliament. In other meetings, debate revolved around the country's identity, its language, the freedom of expression, the media, government salaries, and the oath parliamentarians must take. Here are a few examples: - The parliamentary oath: All members of the Senate and the House of Deputies were required to take an oath at the start of their service. In that oath, parliamentarians swore fealty to nation and king and said that they would abide by the constitution and the laws and perform their duties with utmost sincerity. - Inviolable constitutional provisions: Some articles of the constitution were considered inviolable, a term that meant that legislators should not compromise their integrity through any manner of legislation. These are the provisions defining the nature of government, stating the equality of all citizens, affirming the power of the nation, determining the manner of succession to the throne, and determining the nature of checks and balances among the government branches. - Government salaries, pensions, and allowances: According to the constitution, "no funds will be dispensed from the treasury of the government as pension or reward or allowance of salary of any type except by law." - Equality: The Constitutive Assembly decided that, irrespective of race and creed, all Egyptian nationals are to be treated equally in matters of political rights, military service, government employment, acquisition of titles of honour, and the practice of business and all types of trade. No citizen was allowed to use religion as an excuse to avoid military service or perform - Freedom of the press: The Constitutive Assembly had a lengthy debate on the right to publish newspapers, the definition of a journalist, and the functions of censorship. Consequently, Article 15 of Chapter 2 states that "the press is free within the boundaries of the law and censorship of the press is inadmissible." According to the same article, newspapers must not be issued warnings or hindered in any way by the administrative authorities. - Personal freedoms: It is impermissible, the Constitutive Assembly decided, to disclose the contents of private letters or telegrams entrusted to the offices of post and telegraph or to monitor telephone calls except in cases of criminal investigation. - Religious rituals: The state is to protect the freedom of performing religious rituals in accordance with national customs and without infringement on public morality or order. - The use of languages: According to Article 16 of the constitution, no Egyptian should be restricted from using any language he wishes in private and commercial correspondence or in religious services or in newspapers and publications of any kind. - Minorities: According to Article 3 of Chapter 2, Egypt has no minorities, in the sense that all Egyptians are equal in front of the law and that all forms of discrimination are inadmissible in matters of government employment and military service. Non-Egyptians cannot be hired by the government unless in exceptional circumstances defined by the law. - Identity of the state: Egypt is a free and independent country, with undiminished and indivisible sovereignty. It is ruled by a hereditary monarchy and through a parliamentarian system of government. According to Chapter 3, the nation is the source of all powers and legislation is the combined responsibility of king and parliament. As such, the parliament is to issue laws which go into effect upon ratification by the king. - Electoral fraud: According to Article 74, the stealing and destruction of ballots and the insertion of false ballots in the box, with the aim of altering the outcome of election or to force the holding of new elections, is a crime punishable by law. The 1923 constitution allowed the country a vibrant parliamentary life, far exceeding the expectations, and tolerance, of the king. In 23 March 1925, King Fouad disbanded the parliament. In 1930, the king had another constitution written, one that gave him more power, shortened the duration of parliamentary session, and banned the parliament from passing a vote of no confidence on the government.
