Egypt’s top court criticises draft constitution

AP

CAIRO EGYPT’S highest court lashed out on Tuesday at an Islamist-led panel tasked with writing the country’s new constitution, saying that some of the proposed provisions undercut the court’s mandate and keep it under the president’s power.

The work — and the composition — of the 100-member constitutional assembly has been the subject of a fierce debate in Egypt, and the country is still haggling over disputed articles in the charter, some of which will determine the role of religion in the nation’s affairs and the independence of the judiciary.

Supporters of the panel drafting the constitution say it was set up by an elected parliament and broadly represents Egypt’s political factions. Critics say the process is dominated by a majority made up of Islamists, such as the Muslim Brotherhood from which Egypt’s new president, Mohammed Morsi, hails and more radical groups, when it should be determined by consensus.

The panel released a partial first draft of the charter last week in which most of the provisions related to the Supreme Constitutional Court are identical to the outgoing constitution — the president has the right to appoint the head of the court and the rest of its 15 members after receiving nominations from lower courts.

On Tuesday, judges from the SCC held a rare news conference during which they sharply criticized the constitutional panel.

Tahani el-Gibaly, a member of the SCC, said that provisions that touch on the SCC, which rules on the constitutionality of laws, are “disastrous.” El-Gibaly said the constitutional assembly has turned down suggestions to free the court from the president’s grip and “ensure its independence” from the country’s executive and legislative powers.

She said the panel ignored proposals to allow other courts, rather than the president, to select the members of the SCC as well as its chief judge.

One new article introduced by the panel would strip the SCC of the authority to rule on the constitutionality of laws after they are passed by parliament, leaving it only the power to rule on them beforehand.

“The revolution was about ensuring a democratic system, with balanced powers to protect the rights of the Egyptian citizen, but these clauses violate these rights,” el-Gibaly said.

The court’s chief judge, Maher el-Behiri, told reporters the court is in permanent session in protest.

Related Posts

Post a Comment

Subscribe Our Newsletter