The constitutions of Egypt
p. 38-39
Texte intégral
| 1923 | 1956 | January-February 2011 | 2011-13 | January 2014 |
| First Egyptian constitution | First republican constitution | Mubarak resigns: SCAF takes power | Constitutional crisis | Adoption of the current constitution |
1The constitutional history of Egypt is one of the longest in the Arab world: basic texts were promulgated in 1882, 1883 and 1913 in order to make the government politically and financially more responsible. The British Protectorate put a stop to these early constitutional attempts until independence in 1922. King Fuad then tasked a committee to draft a constitution. The text established a constitutional monarchy that reduced the powers of the king to the benefit of parliament and provided for pluralist legislative elections.
Prolonged constitutional instability
2After the 1952 coup d’état, the Revolutionary Command Council set up a committee to draft a constitution that was adopted by referendum in 1956. It laid forth a republic coloured by Arab nationalism and socialism, with a one-party system and reinforced presidential powers to the detriment of parliament.
3The failed experiment of the United Arab Republic was followed by a constitutional declaration in 1962, which concentrated executive and legislative powers in the hands of the president, and then by a “provisional” constitution in 1964.
4Egypt under Sadat entered into an era of relative constitutional stability. The constitution of 1971 retained Arab nationalism, socialist economics, the single party and a strong presidency, but it also reinforced the rule of law and the role of the justice system, and made shari‘a “a principal source of legislation”. The amendments of 1980 reduced the socialist tint, shari‘a became the principal source of legislation, a (controlled) multi-party system was introduced, as was a second legislative assembly, the Shura Council. The text did away with any limitation on the number of presidential mandates.
5Mubarak retained this version for more than 20 years. In 2005, a first constitutional revision stipulated that the president would from then on be elected directly by the people, but restrictions were such that few opponents could stand against the Rais. The opposition called for a boycott of the constitutional referendum.
6In 2007, amendments intended to “modernise the constitution” concerned 34 articles: references to socialism disappeared and Islamists were targeted with a ban on parties based upon a religious frame of reference. The text provided for an anti-terrorist law that conflicted with certain fundamental rights. The reforms were approved by referendum with less than 30% participation after the opposition had called for a boycott.
2011-2013: struggles over the constitution
7In 2011, the SCAF suspended the constitution and dissolved parliament, arrogating all powers until future elections, thus opening a debate around the legal framework of the transition. Should the constitution of 1971 be re-established in an amended form and elections organised within this framework, as was proposed by the Islamist parties? Or should a new constitution be drafted before holding elections, as recommended by the liberal and leftist parties and the youth movements? The SCAF chose the first option, which was validated by a referendum on the constitutional amendments in March 2011. The legislative elections (2011-2012) resulted in a large majority to the Islamist parties, which dominated the first constituent assembly. This assembly was suspended in April 2012 by the Supreme Administrative Court.
8The constituent process set political parties, the military and the judiciary against each other, since whoever controlled this process would determine the political future of Egypt. Tensions culminated in summer 2012 after Morsi’s victory in the presidential election. A number of delegates from the liberal and leftist parties, as well as independent personalities, withdrew from the second constituent committee that had been set up in June. Their principal objection was to the overly religious tone of the text, which limited the exercise of rights and liberties. However, they seemed to ignore the text’s improvements in matters of political rights and the better balance of powers within the executive branch.
9The constitutional declaration issued by Morsi on 22 November, giving decisions taken since his election immunity from all legal proceedings, as well as protecting the constituent committee from any new attempt at dissolution, sparked off the crisis. The forced passage of the text through a marathon voting session by the committee and its adoption by referendum in December, with 63.8% of the votes but only 32% participation, robbed the constitution of legitimacy. Street protests multiplied and peaked on 30 June 2013. On 3 July the army deposed Morsi and the constitution was suspended. The army’s transitional roadmap set up a committee responsible for amending the constitution.
10This committee was composed of 50 members nominated by the interim president, Adly Mansour, and representing the various components of society (except the Muslim Brotherhood). Discussion was based upon propositions prepared by ten experts (six magistrates and four university academics). A constitution was ratified by referendum in January 2014 with 98% approval and 38.6% participation. A constitutional revision reinforcing presidential powers and reducing the independence of the judiciary was adopted by referendum in April 2019, with 88% approval and 44% participation.
2.5 Distribution of power according to the constitution of 2014 (amended April 2019)

Auteur
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Nedra Cherif
Nedra Chérif, PhD student of political science, European University Institute of Florence
Le texte seul est utilisable sous licence Licence OpenEdition Books. Les autres éléments (illustrations, fichiers annexes importés) sont « Tous droits réservés », sauf mention contraire.
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