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The Constitution of Egypt has passed over a long period of evolution from the liberal constitution of 1923 to the contemporary constitution.
Egypt is known for having one of the earliest administrative and legislative codes in history. 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.
During the Islamic era, governance and legislation were principally drawn from the Qur'an and the Sunna (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.
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 developments.
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, and 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 relationship between the ruler and subject which averted a raise in taxes without the consent of the people's representatives.
The first 20th century constitution for Egypt is that of 1923, the first modern codified form of a national constitution. [1] It provided for monarchical dominance with the king as head of state with power to influence the legislature. [2] : 192 The 1923 Constitution remained in effect throughout the remainder of the monarchy except for the period from 1930 to 1935 when the Constitution of 1930 was in effect. [2] : 192
Following the Egyptian revolution of 1952 that led to the overthrow of the monarch, King Farouk, the Constitution of 1923 was abolished by decree in December 1952. [2] : 193 In 1953, a provisional constitution was proclaimed on 10 February, and Egypt was declared a republic on 18 June. [2] : 193 The republic was governed under martial law until mid-1956. [2] : 193
The Constitution of 1956 adopted by President Nasser was the first republican constitution and it stipulated the formation of the National Assembly on 22 July 1957. The assembly was made up of 350 elected members and remained effective until 10 February 1958, when the Egyptian-Syrian merger as the United Arab Republic was given force and the 1956 Constitution revoked.
The Provisional Constitution of the United Arab Republic was formulated in March 1958, [2] : 194 and a joint National Assembly was established. [2] : 194 It first met on 21 July 1960 and lasted to 22 June 1961.
Following the 1961 secession of the Syrian Arab Republic from the United Arab Republic, on 21 May 1962, Nasser issued a National Charter that was approved by a 1,750-member National Congress of Popular Powers on 30 June. [2] : 195–96 Though not a constitution, this charter was a distillation of Nasser's Arab socialist ideology and the basis for future constitutional efforts in the 1960s. [2] : 195–96 On 27 September 1962, a presidential Constitutional Proclamation was made, [2] : 196 which stipulated that the Provisional Constitution of 1958 should remain in force insofar as it did not contradict the Proclamation.
In March 1964, another provisional Constitution was declared, the "Constitution of the United Arab Republic", [2] : 197 leading to a 350-elected member National Assembly. [2] : 204 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. Egypt continued to be known officially as the United Arab Republic during this period.
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, correct democratic practice[ citation needed ] and made Sharia "a source of legislation" (Article II), amended in 1980 to read "the principal source of legislation." With the 1971 constitution, the country was renamed the Arab Republic of Egypt.
In 2005, President Hosni Mubarak asked the parliament to amend Article 76 of the constitution that defines how the President of Egypt is elected.
During the 2011 Egyptian revolution, opponents to President Mubarak demanded modifications to the constitution or rewriting it.[ citation needed ] 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. [3] 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. [4] On 30 March, 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. A new constitution was approved in 2012. [5]
President Mohamed Morsi was removed from office in July 2013, and the 2012 constitution was suspended. [6] A roadmap was put in place by the interim government, which included drafting a new constitution. A constitutional referendum took place from 14–15 January 2014, [7] with the overwhelming majority of voters approving the revised constitution.
The politics of Egypt are based on republicanism, with a semi-presidential system of government. The current political system was established following the 2013 Egyptian Military coup d'état, and the takeover of President Abdel Fattah el-Sisi. In the current system, the President is elected for a six-year term. He can appoint up to 5 percent of the parliament. Furthermore, the President has the power to dissolve Parliament through Article 137. The Parliament of Egypt is the oldest legislative chamber in Africa and the Middle East. The unicameral Parliament has the ability to impeach the President through Article 161. With 2020 elections to the new Senate, the chamber became bicameral.
The president of Egypt is the executive head of state of Egypt and the de facto appointer of the official head of government under the Egyptian Constitution of 2014. Under the various iterations of the Constitution of Egypt following the Egyptian Revolution of 1952, the president is also the supreme commander of the Armed Forces, and head of the executive branch of the Egyptian government. The current president is Abdel Fattah el-Sisi, in office since 8 June 2014.
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitutional Council decision in July 1971. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
According to most scholars the history of modern Egypt dates from the start of Muhammad Ali's rule in 1805 and his launching of Egypt's modernization project that involved building a new army and suggesting a new map for the country, though the definition of Egypt's modern history has varied in accordance with different definitions of modernity. Some scholars date it as far back as 1516 with the Ottomans' defeat of the Mamlūks in 1516–17.
Elections in Egypt are held for the President and a bicameral legislature. The President of Egypt is elected for a six-year term by popular vote after draft amendments to the 2013 constitution altered the presidential term limits from the original four years to six years.
The current Constitution of the Syrian Arab Republic was adopted on 26 February 2012, replacing one that had been in force since 13 March 1973. The current constitution delineates the basic function of that state's government. Among other things, it determines Syria's character to be Arab, democratic, and republican. Further, in line with pan-Arab ideology, it describes the country as a region of the wider Arab world and its people as an integral part of the Arab nation.
The Constitution of the Arab Republic of Egypt was the former constitution of Egypt. It was adopted on 11 September 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, independence of the judiciary, and party plurality. On 13 February 2011, the Constitution was suspended following the resignation of President Hosni Mubarak as a result of the 2011 Egyptian Revolution. On 30 March 2011, it was "effectively voided" after a new provisional constitution was passed by the country's ruling Supreme Council of the Armed Forces. It has since been superseded by the Egyptian Constitution of 2012 and the current Egyptian Constitution of 2014.
The Provisional Constitution of the United Arab Republic or the Constitution of 1958 was the constitution for the short-lived political union between Egypt and Syria known as the United Arab Republic (UAR). This 74-article provisional constitution was formulated on 5 March 1958 and lasted until the Syrian coup d'état of 28 September 1961.
Parliamentary life in Egypt has been a mark of Egyptian civilizations along its history. In modern history, parliamentary life started as early as 1824 while representative parliamentary life did not start until 1866. In 2016, Egypt celebrated the 150th anniversary of Parliamentary life in their country.
The vice-president of the Arab Republic of Egypt is a senior official within the Egyptian government.
The 2005 Egyptian constitutional referendum took place in Egypt on 25 May 2005. The referendum was on a proposed change to the constitution of Egypt which would establish direct elections for the presidency. The opposition parties called for a boycott of the vote, which was passed by a large majority.
The History of Republican Egypt spans the period of modern Egyptian history from the Egyptian Revolution of 1952 to the present day, which saw the toppling of the monarchy of Egypt and Sudan, the establishment of a presidential republic, and a period of profound economic, and political change in Egypt, and throughout the Arab world. The abolition of a monarchy and aristocracy viewed widely as sympathetic to Western interests, particularly since the ousting of Khedive Isma'il Pasha, over seven decades earlier, helped strengthen the authentically Egyptian character of the republic in the eyes of its supporters.
A constitutional referendum was held in Egypt on 19 March 2011, following the 2011 Egyptian revolution. More than 14 million (77%) were in favour, while around 4 million (23%) opposed the changes; 41% of 45 million eligible voters turned out to vote.
The Constitutional Declaration of 2011 was a measure adopted by the Supreme Council of the Armed Forces of Egypt on 30 March 2011. The declaration was intended to serve as the fundamental law of the country pending the enactment of a permanent constitution, following the resignation of President Hosni Mubarak on 11 February.
The Constitution of the Arab Republic of Egypt was the former fundamental law of Egypt. It was signed into law by President Mohamed Morsi on 26 December 2012, after it was approved by the Constituent Assembly on 30 November 2012 and passed in a referendum held 15–22 December 2012 with 64% support, and a turnout of 33%. It replaced the 2011 Provisional Constitution of Egypt, adopted in 2011 following the Egyptian revolution. On 3 July 2013, the constitution was suspended by order of the Egyptian army. On 8 July 2013, acting President Adly Mansour issued a decree that envisaged the introduction of amendments to the constitution and put them to a referendum; if approved, the suspended-constitution would be restored into law. The current constitutional declaration has the power of a constitution; it outlines the authorities of the president and establishes many rights.
The Constitution of 1879 was an abortive attempt by the prime minister to promulgate a constitution for Egypt in 1879. It failed when the khedive, Isma'il Pasha, was toppled by the British that year.
The Fundamental Ordinance of 1882 was a constitution of the Khedivate of Egypt, an autonomous tributary state of the Ottoman Empire. It followed an abortive attempt to promulgate a constitution in 1879. The document was limited in scope and was effectively more of an organic law of the Consultative Council to the khedive than an actual constitution.
The Constitution of 1930 was the constitution of Egypt from October 1930 to December 1935. It replaced the Constitution of 1923 until that constitution was restored in 1935.
The Constitution of 1956 was the constitution of Egypt from 1956 to 1958. It promulgated on 19 January 1956 was implemented by referendum on 23 June, with Gamal Abdel Nasser being elected president simultaneously. It replaced a 1953 provisional constitution which in turn had replaced the Constitution of 1923 following the revolution of 1952. With the 1958 political union of Egypt and the Syrian Republic as the United Arab Republic, the 1956 Constitution was superseded by the Provisional Constitution of the United Arab Republic.
The Constitution of the United Arab Republic or the Constitution of 1964 was the provisional constitution of Egypt from 1964 to 1971. It replaced the Provisional Constitution of the United Arab Republic of 1958 following the dissolution of the union of Egypt and Syria as the United Arab Republic. It was in turn replaced by the Constitution of 1971.
