Blog of the International Journal of Constitutional Law

Category: Egypt

  • Arato: Egypt Again

    “Judge Helped Egypt’s Military to Cement Power” NY Times, July 3, by David Kirkpatrick is a very important report. While it has been possible to follow the scenario in Egypt in the available literature (especially an essay by Tamir Moustafa and in reports by the Crisis Group), this is the first time that an important inside actor tells the basic story so far, a discouraging one but full of important lessons.

  • Brown on Egypt: Anton Chekhov at the OK Corral

    [Note: the following appeared today at under the title “Egypt’s transition imbroglio”. Thanks to FP and to Nathan Brown for letting us re-post] The phrase “Egyptian transition process” has become tragicomically oxymoronic in light of the dizzying series of developments over the past month.

  • Egypt suspends constitutional assembly

    Egypt’s muddled constitution-making process continues to befuddle. Yesterday the Supreme Administrative Court suspended the constituent assembly as unrepresentative and in violation of Article 60 of the constitutional declaration passed in 2011. The decision, which carried no explanation, is a bit puzzling as Article 60 does not provide any criteria for membership of the 100-member assembly.

  • Arab Spring Constitutionalism

    A piece I wrote on Constitutional reform in the Arab World was recently published by the Chicago Council on Global Affairs as expert commentary. Special thanks to Tom Ginsburg who helped me a great deal with his knowledge of the region.

  • Egypt on the agenda

    There has been a lot of attention to Egypt this past month, as the constitution-making process continues to move along; our occasional contributor Tamir Moustafa has an excellent and thorough analysis for the Brookings Center available here. Yesterday’s report that the Muslim Brotherhood has decided to run a presidential candidate marks an important turning point for the likely outcome in Egypt.

  • Nathan Brown on Egypt

    Nathan Brown has a terrific op-ed in the Guardian here. He makes the excellent point that there will be far too much attention, both inside and outside Egypt, to the constitutional provisions governing Islam. Such provisions are always very vague, and whether the formula is that Islam is “the leading force” or “the basis of law” or “the source of law” is often of much less relevance to actual constitutional operation than is the question of who gets to interpret the clauses.

  • Justice Ginsburg to Egypt: Don’t copy the U.S. Constitution

    Let’s say you’re a newly democratizing country – say, Egypt – in the market for a new constitution. What constitutions, if any, should you consider as models in drafting your own? According to Justice Ginsburg, the answer is, maybe Canada or South Africa, or constitutions written after World War II more generally.

  • Egypt’s landmines

    Nathan Brown has a nice analysis of the Landmines in Egypt’s Constitutional Roadmap over at Carnegie Endowment website. His basic theme is that the current timetable, by potentially holding presidential elections after the process of drafting the constitution, will allow the military to be able to control the latter process.

  • Egypt update from International IDEA

    As Egypt goes to the polls to begin its long process of electing a parliament, I recommend taking a look at an analysis produced by International IDEA of the “Fundamental Principles” document released earlier this month. The document has been widely criticized for trying to cement a role for the military in future politics.

  • Cairo Update: After the referendum, a new turn in constitutional developments

    Just a few days before the constitutional amendment referendum held in Egypt on March 19, the current ruling authority, the Supreme Council of the Armed Forces (SCAF), announced that the results of the referendum, positive or negative, would be followed directly by a “constitutional declaration.”