Egypt's golf chief Omar Hisham Talaat elected to Arab Golf Federation board    Egypt extends Eni's oil and gas concession in Suez Gulf, Nile Delta to 2040    Egypt, India explore joint investments in gas, mining, petrochemicals    Egypt launches National Strategy for Rare Diseases at PHDC'25    Egyptian pound inches up against dollar in early Thursday trade    Singapore's Destiny Energy to invest $210m in Egypt to produce 100,000 tonnes of green ammonia annually    Egypt's FM discusses Gaza, Libya, Sudan at Turkey's SETA foundation    UN warns of 'systematic atrocities,' deepening humanitarian catastrophe in Sudan    Egypt's Al-Sisi ratifies new criminal procedures law after parliament amends it    Egypt launches 3rd World Conference on Population, Health and Human Development    Cowardly attacks will not weaken Pakistan's resolve to fight terrorism, says FM    Egypt's TMG 9-month profit jumps 70% on record SouthMed sales    Egypt adds trachoma elimination to health success track record: WHO    Egypt, Latvia sign healthcare MoU during PHDC'25    Egypt, India explore cooperation in high-tech pharmaceutical manufacturing, health investments    Egypt, Sudan, UN convene to ramp up humanitarian aid in Sudan    Egypt releases 2023 State of Environment Report    Egyptians vote in 1st stage of lower house of parliament elections    Grand Egyptian Museum welcomes over 12,000 visitors on seventh day    Sisi meets Russian security chief to discuss Gaza ceasefire, trade, nuclear projects    Egypt repatriates 36 smuggled ancient artefacts from the US    Grand Egyptian Museum attracts 18k visitors on first public opening day    'Royalty on the Nile': Grand Ball of Monte-Carlo comes to Cairo    VS-FILM Festival for Very Short Films Ignites El Sokhna    Egypt's cultural palaces authority launches nationwide arts and culture events    Egypt launches Red Sea Open to boost tourism, international profile    Qatar to activate Egypt investment package with Matrouh deal in days: Cabinet    Omar Hisham Talaat: Media partnership with 'On Sports' key to promoting Egyptian golf tourism    Sisi expands national support fund to include diplomats who died on duty    Madinaty Golf Club to host 104th Egyptian Open    Egypt's PM reviews efforts to remove Nile River encroachments    Al-Sisi: Cairo to host Gaza reconstruction conference in November    Egypt will never relinquish historical Nile water rights, PM says    Egypt resolves dispute between top African sports bodies ahead of 2027 African Games    Germany among EU's priciest labour markets – official data    Paris Olympic gold '24 medals hit record value    It's a bit frustrating to draw at home: Real Madrid keeper after Villarreal game    Russia says it's in sync with US, China, Pakistan on Taliban    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.



President and court face off over People's Assembly
Published in Daily News Egypt on 11 - 07 - 2012


Scene from inside the Administrative Court
The Supreme Constitutional Court (SCC) revoked President Mohamed Morsy's decision to reinstate the People's Assembly on Tuesday night, pitting the president against the judiciary over the assembly's constitutionality.
Yasser Aly, the President's spokersperson responded to the ruling, “The SCC has no jurisidiction to rescind the President's decision, therefore the ruling is invalid and null.”
“This is the proper legal procedure since the court is the sole body that can rule on constitutionality," Rafaat Fouda, constitutional expert and Cairo University professor, said. “We are neither in a presidential or parliamentary system. The court has placed the president back in his place."
Upon the news, crowds in Tahrir Square broke into chants of ‘the people demand the execution of the decision.' Crowds at the Administrative Court, who gathered to support Morsy's decision, await news from several cases challenging the president's decree, the reinstatement of the Shura Council, and the Supreme Council of Armed Forces supplementary decree, moved to Tahrir after the cases were postponed.
The SCC met on Tuesday to review cases filed against President Mohamed Morsy and his decision to reverse its ruling on dissolving the People's Assembly, the parliament's lower house. Plaintiffs demanded the president's decree be overturned as it violates a court ruling: a power no member of government has, not even the executive branch.
Constitutional expert and former Deputy Prime Minister Yehia El-Gamal led a large team of lawyers, which included constitutional experts Hossam Eissa and Fouad Abdel-Moniem Riad, appealing Morsy's decision.
The plaintiffs said the SCC's decision is meant to be final and that all state institutions, including the presidency, must respect them.
Prominent Muslim Brotherhood member and constitutional expert Sobhy Saleh, who is also a member of the People's Assembly, attended the session in defence of Morsy's decision.
Saleh used two previous rulings by the SCC in 1987 and 2007 to show that the presidential decree was valid. In 1987 the court also ruled the parliamentary elections law unconstitutional.
Former President Hosni Mubarak put the matter to a popular referendum before dissolving parliament, however, and although there were cases brought against the referendum, the SCC itself ruled that Mubarak's decision was a sovereign one and could not be appealed.
Saleh argued that the current situation is much less grave than calling for a referendum since Morsy is only reinstating the assembly back temporary before holding new elections within 60 days of a new constitution.
The 2007 ruling Saleh used to make his case was one where the SCC ruled that the original court that refers a law to the SCC is the one that makes the final decision not the SCC itself.
Nasser El-Haffey, the lawyer officially representing the presidency, accused the Supreme Constitutional Court of forgery and called on the panel to recues itself from viewing the case.
El-Haffey said that he had evidence that the Supreme Constitutional Court's verdict on dissolving the People's Assembly was printed at the Al-Ameeria printing house even before the court announced the actual verdict, meaning that the decision had been taken before hand.
The accusation was met with silence from the court panel.


Clic here to read the story from its source.