Constitution
Mar
25
2007
How the Amendments Promote Democracy
إرسال عبر البريد الإلكترونى نسخة مبسطة للطباعة 07:46 PM
The Amendments Strengthen the Role of Parliament and Accountability of the Government

The constitutional amendments give parliament more oversight and authority which promotes accountability of the government. These changes empower parliament to ensure greater democracy. The aim is to bolster the democratic process to ensure all voices with legislative and political representation are heard:

  1. Parliament is granted the authority and right to approve or reject the cabinet within 60 days of its formation through a vote.
  2. Parliament is granted the authority to amend the state budget. This move is to ensure the state budget reflects the needs and priorities of the citizens which the parliamentarians represent.
  3. Parliament is granted the authority to declare a vote of no confidence in the government without having to call for a national referendum. This further reinforces the strength of the parliament and its authority.
  4. The Shura Council is granted for the first time in history the right to approve a number of laws and legislative issues. This expands the role of the Shura Council to enable this body to be a full partner to the People’s Assembly with decision making authority concerning the said legislative issues.
The Amendments Promote the Rights of Citizenship and Unity

The purpose of any constitution is to protect the rights of its citizens, and promote citizenship without discrimination or restrictions. These amendments aim to uphold the values of citizenship.

  1. The first article of the constitution stresses the principle of citizenship and emphasizes its importance which raises and strengthens its status and directly links it with the state’s system. By broadening its application, the aim is to achieve equality of rights and duties among the citizens.
  2. A proposed amendment abolishes discrimination based on religion, sex or origin in forming a political party or in engaging in any political activity. This amendment aims to promote unity and equality among the citizens regardless of religion, sex or origin. This amendment also aims to restrict the use of religion for political gains that could lead to religious or sectarian conflicts.
The Amendments Strengthen the Role of Political Parties

A key component of the democratic process is to enhance the role of political parties in the political system.

  1. Allowing political parties to put forward candidates for the Presidential elections by:
    • Reducing the permanent condition which states that presidential candidates must receive the endorsement of 5% of the members of Parliament to 3%.
    • Allowing an grace period of ten years so that parties represented in the parliament with one elected seat can put forth a candidate for presidential elections.
  2. Provide political parties the opportunity to have stronger representation in parliament by modernizing the electoral system.
The Amendments Promote the Role of Women in Parliament

In order for Parliament to be an accurate reflection of the Egyptian society and voices of its citizens, it must include women – a vital component of the Egyptian society.

  1. There is an amendment to ensure legislators grant a minimum number of seats for women in parliament based on the best electoral system.
The Amendments Preserve and Protect the Citizens Through Anti-Terrorism Legislation

The government must first and foremost ensure the protection and safety of its citizens while at the same time upholding and preserving their human rights.

It is this balance which is imperative for the government to achieve in order to activate anti -terrorism legislation to combat a global threat on its citizens.

The government aims to lift the state of emergency upon ratification of the anti-terrorism legislation laid out in the amendments of the constitution.

  1. Provide constitutional authority to issue and implement anti-terrorism legislation to deal with the threat of terrorism; to protect and secure its citizens.
  2. Provide constitutional authority which allows pre-emptive measures for inquiry, interrogation, and evidentiary investigations that are necessary for preventing terrorism. (counter terrorism activities).
  3. The proposed constitutional amendment does not imply exceptions on the rights of the citizens provided in article 41 (on personal freedom); article 44 (on house searches); and article 45 (on the privacy of communications) of the constitution. The exception is concerned with the legal procedure necessary for preventing a terrorist crime from happening. The clause therefore, exempts the procedure, not the right. In fact, article 41 of the constitution does not require the adoption of this procedure in the case of flagrante delicto (being caught in the the act). However, if the case of flagrante delicto is necessary, than aborting a terror act is also necessary.
  4. All measures related to an inquiry and interrogation of a terrorist crime will undergo judicial supervision.
  5. Adopting the anti-terrorism legislation will abolish the state of emergency and the emergency laws which provides broad authority to deal with several crimes whereas the anti- terrorism legislation deals with specific terrorist crimes as defined by international standards.
The Amendments Ensure the Citizen’s Right to Vote and Ensure Fair Elections

A core value in any democracy is the citizens right to vote and participate in free and fair elections. The proposed amendments will promote these very principles.

  1. Increasing the number of voter polling stations to accommodate for the increased number of registered voters. This amendment would ensure that everyone who wants to vote has the access and chance to vote, based on additional locations and resources ensured by the constitution.
  2. Judicial authorities shall continue to supervise the elections through the formation of an independent and impartial higher commission which is comprised of current and former judges. General committees will be formed at the district level to supervise the voting process and the counting of the ballots. The members of the general committees will be comprised of judges.
  3. Elections will be held on one day which is prevalent in most countries. This prevents suspending the judicial process which occurs when voting is conducted over multiple stages. This move will also allow the candidates to have equal time for campaigning.
The Amendments Broaden the Authority of the Cabinet and Regulate the President’s Authority:

A major step in the political reform process involves broadening the authority of the Cabinet and install accountability for power by the government officials and the President.

  1. The Cabinet will be given new authority to approve a number of actions taken by the President that previously did not require the approval of the Cabinet. This is to avoid unilateral decision making and engage the Cabinet on key executive decisions.
  2. There will be clear definitions of warrants and powers for the President during a crisis when there is an imminent threat to Egypt and its people. New measures in the amendment stipulate the conditions for exercising authority and state the clear definition of the threat must be major, serious and immediate. Any of the adopted procedures shall be taken after conferring with the Prime Minister, the Speaker of the People’s Assembly and the Speaker of the Shura Council. The People’s Assembly cannot be dissolved when these powers are being exercised in order to conduct legislative supervision over the executive authority being performed.
The Amendments Empower the Municipalities and Local Authorities to Encourage Decentralization
  1. Provide constitutional provisions to develop local administration laws where more powers will be transferred to local municipalities in addition to promoting the oversight role of the local councils.
Other Key Amendments:
  • Consolidate Judicial Independence
  • Ensure Compatibility between the Articles of the Constitution and the Contemporary Economic Conditions
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