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Law and disorder
Published in The Egyptian Gazette on 16 - 07 - 2012

CAIRO - “Does your President really have the power to overrule verdicts made by the Supreme Constitutional Court?" asked a European friend on learning of President Mohammed Morsi's decree to reinstate Parliament, despite a ruling made by Egypt's highest court annulling it.
"In Europe, this court's rulings are final and no-one would dare revoke them," he commented.
"I am not sure what it's like in Egypt, but our presidents used to have near absolute powers," I answered him tersely, because I have a smattering of knowledge of legal issues.
Legal experts themselves appear divided on whether Morsi has the right to recall Parliament in defiance of the Supreme Constitutional Court. Even if he has the power to do so, the new President has made a disappointing start.
Prior to taking office following a highly disputed election run-off, Morsi insisted on taking the oath of office three times. He took two symbolic oaths in Tahrir Square and at Cairo University. He was officially sworn in before the Supreme Constitutional Court in a televised ceremony. Each time, he pledged to "respect the Constitution and Law".
However, days after the oath-taking, Morsi dropped a bombshell by ordering the recall of Parliament, where his group, the Muslim Brotherhood, and their Islamist allies wielded a clear majority.
It was not clear what made him take this controversial decision, which has plunged Egypt into an acute political dilemma.
Likewise, it gives the impression that the newly elected leader has little respect for the Constitution and the rule of law. Morsi is locked in a sharp dispute with the judiciary in the aftermath and his statements that he holds the judiciary in high regard have not helped resolve the row.
The new President has created a needless, divisive problem at a time when Egypt badly needs to see the rule of law restored. He might be seeking to retake the legislative authority from the powerful military, thereby asserting his status as the head of state.
Even if this is the ulterior motive, his move has done more harm than good, taking its toll on the country's political and economic stability. The Egyptian Stock Exchange suffered heavy losses in the days following Morsi's decision.
Significantly, after Morsi went public with his order to reconvene Parliament, several municipal councils, dissolved by a court ruling following Hosni Mubarak's toppling, announced their reinstatement.
Their argument is that the President has ordered the recall of elected institutions. These councils, long controlled by loyalists of the formerly governing National Democratic Party, were elected in the final years of Mubarak's rule.
On deciding to reconvene their councils, the former local officials were apparently emboldened by Morsi's decree to recall Parliament. The move is set to further lower the popularity of Morsi, who won the race to the country's top post by a narrow margin.
In his electoral platform, Morsi promised that, if he became President, he would solve the problems of fuel and bread shortages, as well as re-establishing order in the nation's streets, within his first 100 days in office.
He has yet to keep any of these promises. His wrangling with the judiciary has obviously distracted him from making serious efforts to fulfil them.
Upon his election, Morsi cast himself as the people's President. He has yet to show this in action, especially as has taken office in the wake of a polarised presidential election that has left scars on the nation.


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