History of the Egyptian Constitution
Encyclopedia
The Egyptian Constitution
has passed over a long period of evolution from the liberal constitution of 1923 to the contemporary constitution.
Pharaonic civilization laid the groundwork in Egypt in terms of governance and management. The king or Pharaoh, at the top of the state hierarchy, appointed high-ranking government officials. A viable system of government has been in force ever since the era of ancient Egypt Since the era of the third and fourth dynasties, several codes were promulgated; some were related to limiting the working hours of peasants while others combatted forced labor.
After Alexander the Great conquered Egypt in 330 BC, the Greeks took the reins of power. After his death, the Ptolemaic era began which was later overthrown by the Romans. Although Roman rule was bitter, Egyptians retained most of their respective traditions, rules, and norms until Christianity spread in the first half of the first century, with the church largely sharing in the sustainability of intrinsic habits and customs.
When Egypt became the capital of the Shi'ite Fatimid Caliphate (969-1171) governance and legislation developed. Furthermore, the city of Cairo became the capital of Egypt.
Throughout the era of the Ayubi state (1171–1250), the Citadel became the headquarters and the center of power. Legislative and judicial councils diversified, and there was a justice council and another to attend to complaints lodged. Their duties involved laws as well as treaties with foreign countries
In the Mamluk era (1250–1517) Sultan El-Zaher Bebars built the Court of Justice at Salah El-Deen El-Ayoubi Citadel to be the government premises. Its competence covered enforcement of laws, settling of disputes, and negotiations with nearby countries.
In 1795, almost six years after the French revolution, a major political uprising demanding rights, freedoms and justice fueled. It brought together national forces and popular leaderships in support of national demands for justice, equality & freedom.
As a result of the mounting resistance against the Ottoman ruler, the Wali and (Mamluks), Egypt was on the verge of a massive revolt. This led to the Ulama laying their hands on a written document which outlined the individual - ruler relationship averting a tax hike without the consent of the people's representatives notably, the dignitaries (the Ulama).
In 1956, a new Constitution was proclaimed stipulating the formation of the National Assembly on 22 July 1957. It was made up of 350 elected members and remained effective until 10 Feb. 1958, when the Egyptian-Syrian merger was given force and the 1956 Constitution revoked. The Provisional Constitution of the Arab Republic of Egypt was formulated in March 1958, and a joint National Assembly was established, and its members were appointed (400 from Egypt and 200 from Syria). It first met on 21 July 1960 and lasted to 22 June 1961.
Egypt
and Syria
were later separated on 28 September 1961. In March 1964, a further provisional Constitution was declared, leading to a 350-elected member National Assembly, half of whom at least were workers and farmers- in reaction to the then July 1961 socialist laws plus 10 members appointed by the President of the Republic. This Assembly lasted from 26 March 1964 to 12 November 1968. New elections were held on 20 January 1969, and the Assembly was valid until 30 August 1971.
In 1971, when President Anwar Sadat
took office, he moved towards the adoption of a new democratic constitution that would allow more freedoms; the return to a more sound parliamentary life and correct democratic practice.
asked the parliament to amend Article 76 of the constitution that defines how president of Egypt
is elected.
, opponents to President Mubarak demanded modifications to the constitution or rewriting it. On 10 February 2011, Mubarak stated that he had requested that Articles 76, 77, 88, 93 and 181 be amended and that Article 179 be removed. Following Mubarak's resignation, the military government of Egypt appointed the Egyptian constitutional review committee of 2011
and proposed that Articles 76, 77, 88, 93, 139, 148 and 189 be amended and Article 179 removed.
On March 30th, a new provisional constitution
was adopted based on the amended articles in addition to other aimed at steering through the transition period of constitutional reform.
Constitution of Egypt
The Constitution of the Arab Republic of Egypt was the fundamental law of Egypt. It was adopted on September 11, 1971 through a public referendum. It was later amended in 1980, 2005 and 2007. It was proclaimed to update the democratic representative system in assertion of the rule of law,...
has passed over a long period of evolution from the liberal constitution of 1923 to the contemporary constitution.
Ancient Egypt
Egypt is known for having one of the earliest administrative and legislative codes in history. Throughout its history, formidable human cultures and civilizations were incepted, and brought into being, offering the most advanced form of governance and management.Pharaonic civilization laid the groundwork in Egypt in terms of governance and management. The king or Pharaoh, at the top of the state hierarchy, appointed high-ranking government officials. A viable system of government has been in force ever since the era of ancient Egypt Since the era of the third and fourth dynasties, several codes were promulgated; some were related to limiting the working hours of peasants while others combatted forced labor.
After Alexander the Great conquered Egypt in 330 BC, the Greeks took the reins of power. After his death, the Ptolemaic era began which was later overthrown by the Romans. Although Roman rule was bitter, Egyptians retained most of their respective traditions, rules, and norms until Christianity spread in the first half of the first century, with the church largely sharing in the sustainability of intrinsic habits and customs.
Early Islamic era
During the Islamic era, governance and legislation were principally drawn from the Holy Qur-ân and the Sunna, (or Traditions) of the Prophet based on the formula of consultation as one of the fundamental principles of Islamic law.When Egypt became the capital of the Shi'ite Fatimid Caliphate (969-1171) governance and legislation developed. Furthermore, the city of Cairo became the capital of Egypt.
Throughout the era of the Ayubi state (1171–1250), the Citadel became the headquarters and the center of power. Legislative and judicial councils diversified, and there was a justice council and another to attend to complaints lodged. Their duties involved laws as well as treaties with foreign countries
In the Mamluk era (1250–1517) Sultan El-Zaher Bebars built the Court of Justice at Salah El-Deen El-Ayoubi Citadel to be the government premises. Its competence covered enforcement of laws, settling of disputes, and negotiations with nearby countries.
Ottoman Empire
During the Ottoman era, (1517–1805) Islamic courts constituted the judicial system. Judges had their verdicts directly based on Islamic jurisprudence (Sharia) as far as civil and criminal disputes were concerned. This continued in effect until the end of the 18th Century. Thus, Egypt had been the scene of crucial political and social developmentsIn 1795, almost six years after the French revolution, a major political uprising demanding rights, freedoms and justice fueled. It brought together national forces and popular leaderships in support of national demands for justice, equality & freedom.
As a result of the mounting resistance against the Ottoman ruler, the Wali and (Mamluks), Egypt was on the verge of a massive revolt. This led to the Ulama laying their hands on a written document which outlined the individual - ruler relationship averting a tax hike without the consent of the people's representatives notably, the dignitaries (the Ulama).
Twentieth century
The first twentieth century constitution for Egypt is that of 1923.In 1956, a new Constitution was proclaimed stipulating the formation of the National Assembly on 22 July 1957. It was made up of 350 elected members and remained effective until 10 Feb. 1958, when the Egyptian-Syrian merger was given force and the 1956 Constitution revoked. The Provisional Constitution of the Arab Republic of Egypt was formulated in March 1958, and a joint National Assembly was established, and its members were appointed (400 from Egypt and 200 from Syria). It first met on 21 July 1960 and lasted to 22 June 1961.
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...
and Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
were later separated on 28 September 1961. In March 1964, a further provisional Constitution was declared, leading to a 350-elected member National Assembly, half of whom at least were workers and farmers- in reaction to the then July 1961 socialist laws plus 10 members appointed by the President of the Republic. This Assembly lasted from 26 March 1964 to 12 November 1968. New elections were held on 20 January 1969, and the Assembly was valid until 30 August 1971.
In 1971, when President Anwar Sadat
Anwar Sadat
Muhammad Anwar al-Sadat was the third President of Egypt, serving from 15 October 1970 until his assassination by fundamentalist army officers on 6 October 1981...
took office, he moved towards the adoption of a new democratic constitution that would allow more freedoms; the return to a more sound parliamentary life and correct democratic practice.
Twenty-first century
In 2005, President Hosni MubarakHosni 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....
asked the parliament to amend Article 76 of the constitution that defines how president of Egypt
President of Egypt
The President of the Arab Republic of Egypt is the head of state of Egypt.Under the Constitution of Egypt, the president is also the supreme commander of the armed forces and head of the executive branch of the Egyptian government....
is elected.
2011 Egyptian revolution
During the 2011 Egyptian revolution2011 Egyptian revolution
The 2011 Egyptian revolution took place following a popular uprising that began on Tuesday, 25 January 2011 and is still continuing as of November 2011. The uprising was mainly a campaign of non-violent civil resistance, which featured a series of demonstrations, marches, acts of civil...
, opponents to President Mubarak demanded modifications to the constitution or rewriting it. On 10 February 2011, Mubarak stated that he had requested that Articles 76, 77, 88, 93 and 181 be amended and that Article 179 be removed. Following Mubarak's resignation, the military government of Egypt appointed the Egyptian constitutional review committee of 2011
Egyptian constitutional review committee of 2011
A committee formed in February 2011 by the Egyptian military following suspension of the constitution during the 2011 Egyptian revolution. The committee's purpose is to review the constitution of Egypt, to be ratified by a referendum.-Aims and composition:...
and proposed that Articles 76, 77, 88, 93, 139, 148 and 189 be amended and Article 179 removed.
On March 30th, a new provisional constitution
2011 Provisional Constitution
The Provisional Constitution of the Arab Republic of Egypt or Constitutional Declaration of 2011 is the new provisional fundamental law of Egypt...
was adopted based on the amended articles in addition to other aimed at steering through the transition period of constitutional reform.
List of written constitutions
- MonarchyMonarchyA monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
- The 1879 Constitution - (1879–1882)
- The 1882 Constitution - (1882–1882)
- The 1923 Constitution1923 Constitution of EgyptThe 1923 Constitution was a constitution of Egypt during the period 1923-1952. It was replaced by the 1930 Constitution for a 5-year period before being restored in 1935. It adopted the parliamentary representative system based on separation of and cooperation among authorities...
- (1923–1952) - The 1930 Constitution - (1930–1935)
- RepublicRepublicA republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, following the overthrew of the Monarch- 1956 Constitution - (1957–1958), adopted on 22 July 1957, established as the first constitution since the declaration of the Republic
- UAR ConstitutionUnited Arab Republic 1958 ConstitutionThe United Arab Republic 1958 Constitution was the adopted constitution for the short-lived political federation between Egypt and Syria, that was known as the United Arab Republic....
- (1958–1961) as part of the UARUnited Arab RepublicThe United Arab Republic , often abbreviated as the U.A.R., was a sovereign union between Egypt and Syria. The union began in 1958 and existed until 1961, when Syria seceded from the union. Egypt continued to be known officially as the "United Arab Republic" until 1971. The President was Gamal...
, adopted on 10 February 1958 when the Egyptian-Syrian merger was given force - 1963 Provisional Constitution - (1964–1971)
- 1971 Constitution - adopted in 1971 by President Anwar SadatAnwar SadatMuhammad Anwar al-Sadat was the third President of Egypt, serving from 15 October 1970 until his assassination by fundamentalist army officers on 6 October 1981...
, reflecting a better parliamentary and political system - 2011 Provisional Constitution2011 Provisional ConstitutionThe Provisional Constitution of the Arab Republic of Egypt or Constitutional Declaration of 2011 is the new provisional fundamental law of Egypt...
- Following the 2011 Egyptian Revolution, overriding the current 1971 constitution, aiming at a first step in the planned transition to a democracy.