Category: Supreme Constitutional Court of Egypt

Recent Commentary on the Proposed Amendments to the Egyptian Constitution

Recently, Tom Ginsburg described in this blog some of the proposed constitutional amendments for the Egyptian Constitution and flagged Tamir Moustafa’s brief analysis of them in foreign policy. It is also worth drawing people’s attention to commentary by two other commentators with long experience watching Egyptian constitutional developments.

1 March, 2011
Amending the Egyptian Constitution: Six critical articles that test the military’s commitment to democracy

The most important announcement last week from the Egyptian Supreme Council of the Armed Forces was that it had appointed a committee to amend the Egyptian Constitution. The committee, chaired by retired judge Tariq al-Bishri, was tasked to draft constitutional amendments within 10 days, followed by a national referendum on the proposed amendments within two months.

22 February, 2011
What is legality worth in an Egyptian transition?: Some initial thoughts.

Given recent amendments to the Constitution, trying to oust the NDP regime in a formally constitutional manner will delay Mubarak’s formal retirement as head of state for a considerable period and might require significant concessions to current NDP elites. The current Egyptian constitution was enacted in 1971.

5 February, 2011
The Price of Legality in an Egyptian Transition, Part II–some other voices weigh in

As I noted in my last post, under the current constitutional scheme in Egypt, elites in the ruling National Democratic Party can hold hostage the “legality” of any quick regime change. To recap: Under the current constitution, as soon as the president is forced out, elections must be held within 2 months and must be held in a manner that favors the election of someone associated with the NDP.

4 February, 2011
Should He Stay or Should He Go: Negotiation as the Price of Constitutional Legality in an Egyptian Transition

There is an ingenious device that one finds in the Egyptian constitution—one analogous to some of the “poison pills” that corporations occasionally adopt to prevent hostile takeover. If a President resigns or is otherwise removed, power will be transferred to high officials appointed to their office by the President.

2 February, 2011
Egypt’s New Chief Justice

Over the summer a new chief justice was appointed to the Supreme Constitutional Court of Egypt (the SCC). The appointment of Farouk Sultan was controversial in Egypt. Justice Sultan does not have a distinguished judicial background and is widely thought to lack independence from the executive .

1 October, 2009

Category: Supreme Constitutional Court of Egypt

Recent Commentary on the Proposed Amendments to the Egyptian Constitution

Amending the Egyptian Constitution: Six critical articles that test the military’s commitment to democracy

What is legality worth in an Egyptian transition?: Some initial thoughts.

The Price of Legality in an Egyptian Transition, Part II–some other voices weigh in

Should He Stay or Should He Go: Negotiation as the Price of Constitutional Legality in an Egyptian Transition

Egypt’s New Chief Justice