news details |
|
|
| Egypt's Constitutional court ruling sparks debate | | | CAIRO: A ruling of Egypt's Supreme Constitutional Court (SCC) has sparked debate in the country that has been plagued by political strife and controversies.
The court ruled Sunday that the election of the Shura Council (upper house of parliament) was unconstitutional. However, it ruled at the same time that the council should remain the country's legislative body until the previously dissolved House of Representatives (lower house) is elected.
The SCC also ruled that the laws governing the formation of the Constituent Assembly that drafted the new constitution were invalid. Some experts believe the SCC verdict questioned the presence of the Shura Council and the integrity of the new constitution, while others argued otherwise.Although the SCC said the Shura Council will stay until the House of Representatives is elected, the verdict surely affected the position and role of the upper house, said Amr Hashem, a political researcher at Al-Ahram Center for Political and Strategic Studies.
"The verdict surely causes confusion due to its ambiguity," Hashem told Xinhua, arguing that the verdict indicated "a powerless Shura Council" until the powerful lower house is elected.
"It indicates that the Shura Council will remain the country's legislative authority but only when necessary," Hashem said.
Amr Hamzawy, head of liberal Egypt Freedom Party, echoed Hashem's opinion that the ruling implicitly diminished the legislative power of the Shura Council.
"In my opinion, the ruling obliges the invalid Shura Council to restrict legislation to the laws related only to organizing the upcoming elections of the House of Representatives," Hamzawy, a political science professor and a former member of parliament, told Xinhua.
However, Shura Council member and legal expert Ramadan Battikha argued that the SCC ruling strengthened the position of the council.
"The ruling does not mean the Shura Council is invalid, as it says the council will remain the country's legislative body, which means the council and all its members and legislation are completely valid," Battikha told Xinhua.
Battikha added that the verdict was in favor of the Muslim Brotherhood and its Freedom and Justice Party as it strengthened the position of the Islamist-dominated council.
Freedom and Justice Party member and law professor Mohamed Shehata agreed with Battikha. "It strengthened the council's power and legitimacy and muzzled all voices that appealed against its legality and legislation."
Shehata said the SCC verdict combined what has been stated in Article 230 of the new constitution, which temporarily assigns the Shura Council legislative power, and its previous rulings that dissolved the former lower house.
With regard to the verdict's effect on the constitution, Hashem of Al-Ahram Center for Political and Strategic Studies said it would not be effective as the questionable Constituent Assembly has already been dismantled after the constitution was established.
Shura Council member and legal expert Battikha said that the SCC ruling meant the constitution was valid even if the laws governing the formation of its writing-panel were invalid.
"The popular referendum has given the constitution legitimacy that overpowers any authority or law," Battikha noted, referring to the referendum that led to the establishment of the new constitution in December 2012.
Hamzawy, head of the Egypt Freedom Party, believed that the SCC ruling that invalidated the Constituent Assembly showed that the whole constitution was defective.
"The SCC verdict of the Constituent Assembly unconstitutionality shows the integrity of our position when we refused to join the Constituent Assembly," Hamzawy told Xinhua. He demanded radical amendment of the constitution produced by an invalid constitution-writing assembly.
In late December, the SCC was besieged by angry Islamist supporters of President Mohamed Morsi. The protest delayed the court's ruling on two lawsuits filed against the Shura Council and the Constituent Assembly until the constitution was drafted.
Two-thirds of the Islamist-dominated 270-member Shura Council were elected while the other 90 members were directly appointed by Morsi in late December, following the establishment of the new constitution.
"With the recent SCC verdict, the political battle is provided by one more card for conflict," said political and strategic expert Talaat Romeih, editor-in-chief of Strategies Magazine. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
