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Fatwa removes hope of creating a new constitution
Published in Youm7 on 19 - 06 - 2011

Chancellor Dr. Mohamed Ahmed Attia, first Vice President of the Administrative Court and head of the main assembly of Fatwa and Legislation, has cancelled the aspirations of the National Organization and 56 political forces to push forward constitutional amendments prior to elections.
This came after Attia said the Supreme Council of the Armed Forces (SCAF) ignores from the provisions of Article 60 of the constitution. The article states that those nominated for the People's Council and the Shura Council gather in a joint meeting at the invitation of SCAF during the 6 months of their election. The meeting will include electing a constituent assembly of 100 members to prepare a draft for a new constitution no later than six months from the date of its formation.
The statements of the chairman of the fatwa committee came in response to the political debate on the request for 56 of the political forces of the military council to appeal to the General Assembly for an advisory opinion on the State Council's legislation. The appeal includes discussing the possibility of an amendment supplemental to the provisions of Article 60 of the constitutional declaration to allow for constitutional adjustments before parliamentary elections.
Attia said that there is no way to avoid the results of the referendum held last March. He noted that Article 60 of the constitution is the same as Article 189 and its addendum, and thus there is no body, including the SCAF, that is able to amend these articles except through another referendum.
Responding to the above opinion, Dr. Abdul Jalil Mustafa, Chairman of the National Assembly for Change, said political movements will continue with their campaigns for constitutional change, and that Attia's statements are a matter of personal opinion.
Mustafa added that there is a discrepancy between Article 189 and the addendum of Article 189.
Mustafa explained that the purpose of adhering to basic constitutional amendments is to determine the best path for the future of Egypt. He also said that it is not true that the People's Assembly shall elect a committee to amend the constitution.
Essam al-Sultan, Vice President of the Muslim Center Party, said the opinion of the adviser, Dr. Mohamed Ahmed Attia head of the Fatwa and Legislation of the State Council, completely eliminates any attempts from political forces to avoid the law.
Sultan said that some people will ask for a new referendum but that this is not legally permissible.


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