2011 Provisional Constitution
Encyclopedia
The Provisional Constitution of the Arab Republic of Egypt or Constitutional Declaration of 2011 is the new provisional fundamental law
of Egypt
. It was adopted on March 30, 2011 by the Egyptian Supreme Council of the Armed Forces
who have been in power since the former president Hosni Mubarak
relinquished his powers to the Supreme Council of the Armed Forces on February 11, 2011.
The 63-article provisional constitution was proclaimed to operate as a working constitution in the current political transitional period following the revolution, until a new one is drafted and approved.
The new provisional constitution have included the most recent amendments publicly approved in a referendum, provisional articles defining the powers of the executive and judicial branches as well as institute laws to govern the presidential and parliamentarian election processes.
It has paved the way for parliamentary elections in September and presidential elections in November. It directly stipulated that the newly elected parliament to form a new constitutional drafting committee to write a new constitution.
within the framework of the basic principles and components of the Egyptian society.
The Constitution establishes party plurality as the foundation of the political system (Article 1) and so allows the formation of different political parties, however political parties are not allowed to be established based on any discriminatory basis such as religion, race or sex (Article 4).
The declaration upholds that "Individual freedom is a natural right" and regards all citizens as equals. It guarantees a set of freedoms including: The "right to protect the private life of citizens"(Article 8), "Freedom of belief and the freedom of practising religious rights" (Article 12), "Freedom of expression" (Article 12), Freedom of Press and other publications (Article 13), Freedom of peaceful and unarmed private assembly, without the need for prior notice (Article 16), Universal suffrage, as well as the right to form civil societies (Article 4).
A candidate is eligible for office after meeting the following qualifications:
The nominee must be an Egyptian citizen of at least 40 years of age, have never held another citizenship, and must not be married to a foreigner. Both of the nominee’s parents must be Egyptian citizens, and have never held foreign citizenship.
The nominee must not be under a suspension of political and civic rights. (Article 26)
Article 27 defines the different tracks for nomination which candidates may choose in presidential elections:
- Nominees must win the endorsement of 30 elected members of Parliament;
- Nominees must win the endorsement of 30,000 registered voters from 15 governorates with at least 1000 endorsements from each of those governorates;
- Parties with at least one elected seat in parliament may nominate one of their members in presidential elections.
, the lower house and the Shura Council
, the upper house. The parliament will assume its legislative powers from the military council after its elections in September 2011.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
. It was adopted on March 30, 2011 by the Egyptian Supreme Council of the Armed Forces
Supreme Council of the Armed Forces
The Supreme Council of the Armed Forces consists of a body of 20 senior officers in the Egyptian military. As a consequence of the Egyptian Revolution of 2011, the Council took the power to govern Egypt from its departing President Hosni Mubarak on February 11, 2011.The junta meets regularly, as...
who have been in power since the former president Hosni Mubarak
Hosni Mubarak
Muhammad Hosni Sayyid Mubarak is a former Egyptian politician and military commander. He served as the fourth President of Egypt from 1981 to 2011....
relinquished his powers to the Supreme Council of the Armed Forces on February 11, 2011.
The 63-article provisional constitution was proclaimed to operate as a working constitution in the current political transitional period following the revolution, until a new one is drafted and approved.
The new provisional constitution have included the most recent amendments publicly approved in a referendum, provisional articles defining the powers of the executive and judicial branches as well as institute laws to govern the presidential and parliamentarian election processes.
It has paved the way for parliamentary elections in September and presidential elections in November. It directly stipulated that the newly elected parliament to form a new constitutional drafting committee to write a new constitution.
Overview
The constitution establishes Egypt as a "Democratic State", deriving its sovereignty from the people, and as part of the Arab World. It proclaims the system of government as a multi-party Semi-presidential systemSemi-presidential system
The semi-presidential system is a system of government in which a president and a prime minister are both active participants in the day-to-day administration of the state...
within the framework of the basic principles and components of the Egyptian society.
The Constitution establishes party plurality as the foundation of the political system (Article 1) and so allows the formation of different political parties, however political parties are not allowed to be established based on any discriminatory basis such as religion, race or sex (Article 4).
The declaration upholds that "Individual freedom is a natural right" and regards all citizens as equals. It guarantees a set of freedoms including: The "right to protect the private life of citizens"(Article 8), "Freedom of belief and the freedom of practising religious rights" (Article 12), "Freedom of expression" (Article 12), Freedom of Press and other publications (Article 13), Freedom of peaceful and unarmed private assembly, without the need for prior notice (Article 16), Universal suffrage, as well as the right to form civil societies (Article 4).
Executive
The executive branch is made up of the President, the Prime Minister, the cabinet of ministers and the local administration. The President appoints the Prime Minister from the party winning the majority of seats in parliament. However the President has the power to relieve the Prime Minister from office without the parliament’s approval and may also remove the cabinet of ministers but after the consultations of the prime minister. The President serves for a four years term with a limit of two terms.A candidate is eligible for office after meeting the following qualifications:
The nominee must be an Egyptian citizen of at least 40 years of age, have never held another citizenship, and must not be married to a foreigner. Both of the nominee’s parents must be Egyptian citizens, and have never held foreign citizenship.
The nominee must not be under a suspension of political and civic rights. (Article 26)
Article 27 defines the different tracks for nomination which candidates may choose in presidential elections:
- Nominees must win the endorsement of 30 elected members of Parliament;
- Nominees must win the endorsement of 30,000 registered voters from 15 governorates with at least 1000 endorsements from each of those governorates;
- Parties with at least one elected seat in parliament may nominate one of their members in presidential elections.
Legislative
According to the constitution, the parliament is made up of two chambers: The People’s AssemblyPeople's Assembly of Egypt
The People's Assembly is the lower house of Egypt's bicameral parliament. In spite of its lower status, however, it plays a more important role in drafting legislation and day-to-day legislative duties than the Shura Council, the upper house....
, the lower house and the Shura Council
Shura Council
The Shura Council is the upper house of Egyptian bicameral Parliament. Its name roughly translates into English as "the Consultative Council". The lower house of parliament is the People's Assembly....
, the upper house. The parliament will assume its legislative powers from the military council after its elections in September 2011.