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The right kind of constitution
Published in Al-Ahram Weekly on 16 - 08 - 2012

It's been 20 months since the January 2011 Revolution, and we are still trying to find our way forward, mulling over the crucial decisions that need to be taken.
Most importantly, we need to agree on clear guidelines for the new constitution. To do so, it may be useful to examine our previous constitutions, especially those of 1923, 1956, 1964 and 1971.
As we give due consideration to various views offered regarding the constitution, we must keep in mind that the new constitution is what will open the way for future changes, for the realisation of all the aspirations associated with the January revolution. The right kind of constitution will help us abolish corruption, promote social justice, protect democracy and freedom and end our political subjugation.
We can be inspired by the past and yet seek a modern future. Modernity is not about discarding the past, or looking down on our customs. True modernity requires some originality, and we have no shortage of that.
So let's not turn our backs on the hard-won social and economic gains of the past, gains that have been enshrined in earlier constitutions. Even though these gains were squandered by the previous regime, they remain the fruit of years of sacrifice, and we mustn't be asked to give them away.
Also, constitutions are not only about words, but about the intent to turn these words into reality, something which we often neglected.
Our endeavour, therefore, is two-tiered. On the one hand, we have to write the right kind of constitution. On the other, we have to defend the constitution against all violations.
Some of the provisions of the 1971 constitution are still valid today as they were the moment they were written. Indeed, some of these provisions were mere adaptations of principles stated in the 30 March 1968 declaration. Here is a list of the provisions that deserve to remain in the new constitution:
- Protect and promote the social and economic gains of the people. The previous regime has robbed this provision of all meaning, but its content is still relevant to our needs. Take, for example, the 50 per cent quota for workers and farmers in elected councils. And the right of workers for a share in management and profits. Free education, women rights, family and children rights, all these are valid examples of a constitution that truly defends the rights of citizens.
- Assert the connection between social and political freedoms. The constitution must provide guarantees for personal freedom, for personal safety, for freedom of expression, scientific research, and a free press.
- State clearly that labour is the primary criterion of human worth.
- Spell out the guarantees for public, cooperative and private ownership, while defining the role and boundaries of each.
- Make it clear that the government is responsible for providing equal opportunity for all citizens.
- Mention that work is a right, duty and honour and that the right to work is protected by the state.
- Make it clear that national economy should be run in accordance with a development plan drawn up by the government.
- Ensure that capital must serve the needs of the national economy and not be used in ways conflicting with public good.
- State that the army is owned by the entire nation and that its job is to protect the gains of popular struggle and safeguard the country and its soil.
We are all aware of what happened to the 1971 constitution, which with the exception of later amendments was a well-written constitution. Sadly enough, this constitution was often violated, and it is time to think of why this happened, and how it happened.
For starters, our constitutional life was not only corrupted by the previous president or his top aides. It was corrupted because hundreds of parliamentarians, writers and journalists failed to speak up. So writing a new constitution is only one part of the job. The other part is to uphold the constitution and its principles. This is the cornerstone of any democratic regime.
The previous regime violated the constitution and disregarded its principles. To stop this from happening in the future, we must all defend the constitution. Defending the constitution is the responsibility of every one of us, especially the leaders of opinion. There are leaders of opinion in every part and every class in this country, and they have the duty to speak out when things go wrong.
We keep complaining that young people care more about money than principles. You know why? Because we don't teach the constitution in our schools, as the Americans and French do. Let's give the young the kind of knowledge that would protect them and protect the country. Let's teach the constitution in our high schools, so that the young may be willing to defend it if it comes under assault.
The Constitutional Court must also take the lead in protecting the constitution. This is something that cannot be stressed enough. Take, for example, the government decision to impose exorbitant tuition fees on language departments in state-run universities. Someone should have stopped this decision in its tracks, for it runs in the face of the 1971 constitution. The latter states in Article 20 that, "education is free at various stages in state-run institutions." This is only one example
Article 182 of the 1971 constitution is also worth keeping. This is the article that calls for a National Defence Council to be formed under the chairmanship of the president. The job of this council is to decide on matters affecting the safety of the country. Now that we have experienced a revolution during which the army had to step into politics, we may appreciate the contribution such a council could have brought to our lives at a critical moment in our history.
We don't have to reinvent the wheel. We already know the main points we need to include in our constitution. So let's get on with the job of writing the constitution. And more importantly, let's ensure that this constitution will have better luck getting implemented than previous ones.
Other constitutions have been violated in the past, including the 1923 constitution, which was often ignored and trampled on. Had that constitution been respected, the 1952 Revolution may have been averted.
Breaching the constitution is a serious matter, and those who aided and abetted in the breaching of the 1971 constitution must be brought to justice. As for the journalists who waxed lyrical about the regime while it was making a joke of our constitution, may they reside forever in the purgatory of public disdain.


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