Home About Egypt Egyptian Constitution
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Amendments of the Constitution 2005 Amendments of the Constitution 2007
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The Head of the State :
Taking into account the results of the referendum of the Constitution of the Arab
Republic of Egypt, held on September, 11th 1971 and the unanimity of the people's
consensus on the Constitution, And after taking into account article 193 of the
Constitution of the Arab Republic of Egypt. Issues the Constitution of the Arab
Republic of Egypt in the attached text. Cairo Ragab, 21st 1391 - September, 11th
1971.
Mohamed Anwar El Sadat
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Constitutional Proclamation |
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We, the masses of the people of Egypt, who have been toiling on this glorious land
since the dawn of history and civilization, we the masses of this people working
in Egypt’s villages, fields, cities, factories, centers of education and industry
in any field of work which contributes to the creation of life on its soil or plays
a part in the honour of defending this land, We, the masses of this people who believe
in its spiritual and immortal heritage and who are confident in our profound faith
and cherish the honour of man and of humanity at large, We, the masses of this people
who in addition to preserving the legacy of history, bear the responsibility of
great present and future objectives whose seeds are embedded in the long and arduous
struggle, with which the banners of liberty, socialism and unity have been hoisted
along the great march of the Arab Nation, We, the masses of the people of Egypt,
in the name of God and with His assistance pledge to indefinitely and unconditionally
exert every effort to realise:-
First:
Peace to our world : being determined that peace can only be based on justice and
that political and social progress of all peoples can only be realized through the
freedom and independent will of these peoples, and that any civilization is not
worthy of its name unless it is free from exploitation whatever its form .
Second:
Unity : The hope of our Arab Nation being certain that Arab Unity is a call of history
and future and an inevitable destiny which can only materialize through an Arab
Nation capable of warding off any threat whatever may be the source or the pretexts
justifying it.
Third:
The constant development of life in our nation : Being convinced that the true challenge
confronting nations is the realization of progress and that such progress does not
occur automatically or through slogans alone, but that the driving force behind
it is the release of all potentials of creativity and originality in our people,
who have asserted at all times their contribution to civilization and humanity through
work alone. Our people have passed through successive experiences, meantime offering
rich experiences on both the national and international levels, by which they have
been guided. These experiences finally took shape in the basic documentations of
the July, 23rd Revolution led by the alliance of the working forces of our struggling
people . This people have been able, through deep awareness and refined sensibility,
to retain the genuine core of this revolution and to continuously rectify its path
and to realize through it full integration between science and faith, political
and social freedom, national independence and affiliation on the one hand and the
worldwide struggle of humanity for political economic, cultural and intellectual
freedom and the fight against all forces and remnants of regression domination and
exploitation on the other hand .
Fourth:
Freedom for the humanity of the Egyptian man : Having realized that man’s humanity
and dignity are the torches that guide and direct the course of the enormous development
of mankind towards its supreme ideals. The dignity of every individual is natural
reflection of the dignity of his nation, for each individual is a cornerstone in
the edifice of the homeland . This homeland derives its strength and prestige from
the value of each individual, his activity and dignity . The sovereignty of law
is not only a guarantee for the freedom of the individual but is also the sole basis
for the legality of authority. The alliance of the popular working forces is not
a means for social conflict towards historical development, it is , in this modern
age, with its climate and ways , a safety valve protecting the unity of the working
powers of the nation and eliminating contradictions within these forces through
democratic interaction . We the working masses of the people of Egypt - out of determination,
confidence and faith in all our national and international responsibilities, and
in acknowledgment of God’s right and His messages, and in recognition of the right
of our nation as well as of the principle and responsibility of mankind, and in
the name of God and with His assistance - declare on the Eleventh of September 1971
that we accept and grant ourselves this Constitution, asserting our firm determination
to defend and protect it, assuring our respect for it ..
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Egyptian Constitution |
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PART ONE - THE STATE
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(Article 1): The Arab Republic of Egypt is a democratic state based on citizenship.
The Egyptian people are part of the Arab nation and work for the realization of
its comprehensive unity.
(Article 2): Islam is the Religion of the State. Arabic is its official language,
and the principal source of legislation is Islamic Jurisprudence (Sharia).
(Article 3): Sovereignty is for the people alone who will practise and protect
this sovereignty and safeguard national unity in the manner specified by the Constitution
.
(Article 4): Economy in the Arab Republic of Egypt is based on the development
of economic activity, social justice, guarantee of different forms of property and
the preservation of laborers' rights.
(Article 5): The political regime of the Arab Republic of Egypt is based
upon the multi-party system within the framework of the basic principles and components
of the Egyptian society stipulated by the Constitution . Political parties shall
be organized by law . The citizens have the right to form political parties according
to the law and no political activity shall be exercised or political parties shall
be formed on the basis of religion or on discrimination due to gender or race.
(Article 6): Egyptian Nationality is defined by law .
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PART TWO
- BASIC CONSTITUENTS OF THE SOCIETY |
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CHAPTER I - Social and Moral Constituents
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(Article 7): Social solidarity is the basis of society .
(Article 8): The State shall guarantee equality of opportunity to all Egyptians
.
(Article 9): The family is the basis of the society founded on religion,
morality and patriotism. The State is keen to preserve the genuine character of
the Egyptian family- with all values and traditions represented by it- while affirming
and promoting this character in the interplay of relations within the Egyptian society.
(Article 10): The State shall guarantee the protection of motherhood and
childhood, look after children and youth and provide the suitable conditions for
the development of their talents.
(Article 11): The State shall guarantee coordination between woman’s duties
towards her family and her work in the society, considering her equal to man in
the political, social, cultural and economic spheres without detriment to the rules
of Islamic jurisprudence (Sharia).
(Article 12): Society shall be committed to safeguarding and protecting morals,
promoting the genuine Egyptian traditions and abiding by the high standards of religious
education, moral and national values, the historical heritage of the people, scientific
facts, and public manners within the limits of the law. The State is committed to
abiding by these principles and promoting them.
(Article 13): Work is a right, a duty and an honour ensured by the State.
Distinguished workers shall be worthy of the appreciation of the State and the society.
No work shall be imposed on citizens, except by virtue of the law, for the performance
of a public service and in return for a fair remuneration.
(Article 14): Citizens are entitled to public offices, which are assigned
to those who shall occupy them in the service of people. The State guarantees the
protection of public officers in the performance of their duties in safeguarding
the interests of the people. They may not be dismissed by other than the disciplinary
way except in the cases specified by the law.
(Article 15): War veterans and those injured during wars or because of them
, martyrs’ wives and children shall have priority in work opportunities according
to the law.
(Article 16): The State shall guarantee cultural, social and health services
and shall work to ensure them particularly for villagers in an easy and regular
manner in order to raise their standard .
(Article 17): The State shall guarantee social and health insurance services.
All citizens shall have the right to pensions in cases of incapacity, unemployment,
and old-age in accordance with the law.
(Article 18):Education is a right guaranteed by the State. It is obligatory
in the primary stage. The State shall work to extend obligation to other stages.
The State shall supervise all branches of education and guarantee the independence
of universities and scientific research centers, with a view to linking all this
with the requirements of society and production.
(Article 19): Religious education shall be a principal subject in the courses
of general education.
(Article 20): Education in the State: Educational institutions shall be free
of charge in their various stages.
(Article 21): Combating illiteracy shall be a national duty for which all
the people’s capacity shall be mobilized.
(Article 22): The institution of civil titles shall be prohibited.
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CHAPTER II - Economic Constituents
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(Article 23) The national economy shall be organised in accordance with a
comprehensive development plan which ensures raising the national income, fair distribution,
raising the standard of living, solving the problem of unemployment, increasing
work opportunities, connecting wages with production, fixing a minimum and maximum
limit for wages in a manner that guarantees lessening the disparities between incomes.
(Article 24) The State shall sponsor national production and shall work for
realizing social and economic development.
(Article 25) Every citizen shall have a share in the national revenue to
be defined by law in accordance with his work or his unexploiting ownership .
(Article 26) Workers shall have a share in the management and profits of
projects . They shall be committed to the development of production and the implementation
of the plan in their production units, in accordance with the law. Protecting the
means of production is a national duty . Workers shall be represented on the boards
of directors of the public sector units by at least 50% of the number of members
of these boards. The law shall guarantee for the small farmers and small craftsmen
80%of the membership on the boards of directors of the agricultural and industrial
co-operatives.
(Article 27) Beneficiaries shall participate in the management of the services
projects of public interest and their supervision in accordance with the law .
(Article 28) The State shall look after the co-operative establishments in
all their forms and encourage handicrafts with a view to developing production and
raising income . The State shall endeavour to support agricultural co-operatives
according to modern scientific bases.
(Article 29) Ownership shall be under the supervision of the people and the
protection of the State. There are three kinds of ownership: public ownership, co-operative
ownership and private ownership.
(Article 30) Public ownership is the ownership of the people as represented
in the ownership of the State and the public legal persons.
(Article 31) Co-operative ownership is the ownership of the co-operative
societies. The law shall guarantee its protection and self-management.
(Article 32) Private ownership shall be represented by the unexploiting capital.
The law shall organize the performance of its social function in the service of
the national economy within the framework of the development plan, without deviation
or exploitation. The ways of its utilization should not contradict the general welfare
of the people.
(Article 33) Public ownership shall have its sanctity, and its protection
and consolidation is the duty of every citizen in accordance with the law.
(Article 34) Private ownership shall be safeguarded and may not be placed
under sequestration except in the cases defined by law and in accordance with a
judicial decision . It may not be expropriated except for the general good and against
a fair compensation as defined by law. The right of inheritance shall be guaranteed
in it .
(Article 35) Nationalization shall not be allowed except for considerations
of public interest and in accordance with a law and against a compensation.
(Article 36) General confiscation of funds shall be prohibited . Private
confiscation shall not be allowed except by a judicial decision.
(Article 37) The law shall fix the maximum limit of land ownership with a
view to protecting the farmer and the agricultural labourer from exploitation.
(Article 38) The tax system shall be based on social justice .
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PART THREE - PUBLIC FREEDOMS, RIGHTS AND DUTIES
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(Article 40) All citizens are equal before the law. They have equal public
rights and duties without discrimination between them due to race, ethnic origin,
language, religion or creed.
(Article 41) Individual freedom is a natural right and shall not be touched.
Except in cases of a flagrant delicate no person may be arrested, inspected, detained
or his freedom restricted or prevented from free movement except by an or necessitated
by investigations and preservation of the security of the society. This order shall
be given by the competent judge or the Public Prosecution in accordance with the
provisions of the law. The law shall determine the period of custody.
(Article 42) Any person arrested, detained or his freedom restricted shall
be treated in the manner concomitant with the preservation of his dignity. No physical
or moral harm is to be inflicted upon him. He may not be detained or imprisoned
except in places defined by laws organizing prisons. If a confession is proved to
have been made by a person under any of the aforementioned forms of duress or coercion,
it shall be considered invalid and futile.
(Article 43) Any medical or scientific experiment may not be undergone on
any person without his free consent.
(Article 44) Homes shall have their sanctity and they may not be entered
or inspected except by a causal judicial warrant prescribed by the law.
(Article 45) The law shall protect the inviolability of the private life
of citizens. Correspondence, wires, telephone calls an other means of communication
shall have their own sanctity and secrecy and may not be confiscated or monitored
except by a causal judicial warrant and for a definite period according to the provisions
of the law.
(Article 46) The State shall guarantee the freedom of belief and the freedom
of practice of religious rites.
(Article 47) Freedom of opinion is guaranteed. Every individual has the right
to express his opinion and to publicize it verbally or in writing or by photography
or by other means within the limits of the law. Self-criticism and constructive
criticism is the guarantee for the safety of the national structure.
(Article 48) Freedom of the press, printing, publication and mass media shall
be guaranteed. Censorship on newspapers is forbidden as well as notifying, suspending
or canceling them by administrative methods. In a state of emergency or in time
of war a limited censorship may be imposed on the newspapers, publications and mass
media in matters related to public safety or purposes of national security in accordance
with the law.
(Article 49) The State shall guarantee the freedom of scientific research
and literary, artistic and cultural invention and provide the necessary means for
its realization.
(Article 50) No citizen may be prohibited from residing in any place and
no citizen may be forced to reside in a particular place, except in the cases defined
by the law.
(Article 51) No citizen may be deported from the country or prevented from
returning to it.
(Article 52) Citizens shall have the right to permanent or temporary immigration.
The law shall regulate this right and the measures and conditions of immigration
and leaving the country.
(Article 53) The right to political asylum shall be guaranteed by the State
for every foreigner persecuted for defending the peoples' interests, human rights,
peace or justice. The extradition of political refugees is prohibited.
(Article 54) Citizens shall have the right to peaceable and unarmed private
assembly, without the need for prior notice. Security men should not attend these
private meetings. Public meetings, processions and gatherings are allowed within
the limits of the law.
(Article 55) Citizens shall have the right to form societies as defined in
the law. The establishment of societies whose activities are hostile to the social
system, clandestine or have a military character is prohibited.
(Article 56) The creation of syndicates and unions on a democratic basis
is a right guaranteed by law, and should have a moral entity. The law regulates
the participation of syndicates and unions in carrying out the social programs and
plans, raising the standard of efficiency among their members, and safeguarding
their funds. They are responsible for questioning their members about their behavior
in exercising their activities according to certain codes of morals, and for defending
the rights and liberties of their members as defined in the law.
(Article 57) Any assault on individual freedom or on the inviolability of
private life of citizens and any other public rights and liberties guaranteed by
the Constitution and the law shall be considered a crime, whose criminal and civil
lawsuit is not liable to prescription. The State shall grant a fair compensation
to the victim of such an assault.
(Article 58) The defense of the motherland is a sacred duty, and conscription
is obligatory in accordance with the law.
(Article 59) Enviroment protection is a national duty. The law organizes
procedures needed to protect the enviroment.
(Article 60) Protecting national unity and keeping State secrets is the duty
of every citizen.
(Article 61) Payment of taxes and public imports is a duty, in accordance
with the law.
(Article 62) Citizens shall have the right to vote and express their opinions
in referendums according to the provisions of the law. Their participation in public
life is a national duty. The law shall regulate the right of candidacy to the People's
Assembly and the Shura Council and the local councils according to the electoral
system it specifies. The law may adopt a system, combining between the individual
system and the party lists by means of any ratio between them to be specified by
the law. It may also include a minimum limit for the women's participation in the
afore-mentioned councils. Their participation in public life is a national duty.
(Article 63) Every individual has the right to address public authorities
in writing and with his own signature. Addressing public authorities should not
be in the name of groups, with the exception of disciplinary organs and moral personalities.
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PART FOUR - SOVEREIGNTY OF THE LAW
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(Article 64) Sovereignty of the law shall be the basis of rule in the State.
(Article 65) The State shall be subject to law. The independence and immunity
of the judiciary are two basic guarantees to safeguard rights and liberties.
(Article 66) Penalty shall be personal. There shall be no crime or penalty
except by virtue of the law. No penalty shall be inflicted except by a judicial
sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation
of the law prescribing them.
(Article 67) Any defendant is innocent until he is proved guilty before a
legal court, in which he is granted the right to defend himself. Every person accused
of a crime must be provided with counsel for his defense.
(Article 68) The right to litigation is inalienable for all, and every citizen
has the right to refer to his competent judge. The State shall guarantee the accessibility
of the judicature organs to litigants, and the rapidity of statuting on cases. Any
provision in the law stipulating the immunity of any act or administrative decision
from the control of the judicature is prohibited.
(Article 69) The right of defense in person or by mandate is guaranteed.
The Law shall grant the financially incapable citizens the means to resort to justice
and defend their rights.
(Article 70) No penal lawsuit shall be sued except by an order from a judicature
organ and in cases defined by the law.
(Article 71) Any person arrested or detained should be informed, forthwith
with the reasons for his arrest or detention. He has the right to communicate, inform,
and ask the help of anyone as prescribed in the law. He must be faced, as soon as
possible, with the charges directed against him. Any person may lodge a complaint
to the courts against any measure taken to restrict his individual freedom. The
law regulates the right of complaint in a manner ensuring a ruling regarding it
within a definite period, or else release is imperative.
(Article 72)Sentences shall be passed and executed in the name of the people.
Likewise, refraining to execute sentences or obstructing them on the part of the
concerned civil servants is considered a crime punishable by law. In this case,
those whom the sentence is in favor of, have the right to sue a direct penal lawsuit
before the competent court.
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PART FIVE
- SYSTEM OF GOVERNMENT |
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CHAPTER I - The Head of State |
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(Article 73) The Head of State is the President of the Republic. He shall
assert the sovereignty of the people, respect the Constitution and the supremacy
of the law, safeguard the national unity and the social justice and maintain the
boundaries between authorities in a manner to ensure that each shall perform its
role in the national action.
(Article 74) If any danger threatens the national unity or the safety of
the motherland or obstructs the constitutional role of the State institutions, the
President of the Republic shall take urgent measures to face this danger after taking
the opinion of the Prime Minister and the Speakers of the People's Assembly and
the Shura Council, direct a statement to the people and conduct a referendum on
these measures within sixty days of its adoption. The dissolution of the People's
Assembly and the Shura Council may not take place while exercising these authorities.
(Article 75) The person to be elected President of the Republic must be an
Egyptian born to Egyptian parents and enjoy civil and political rights. His age
must not be less than 40 Gregorian years.
(Article 76) President of the Republic shall be elected by direct public
secret ballot. For candidature for presidency of the republic to be acceptable,
a candidate should be supported by at least 250 elected members of the People's
Assembly, the Shura Council and Municipal Councils in governorates, provided that
supporters be at least 65 members of the People's Assembly, 25 members of the Shura
Council and 10 members of each of the Municipal Councils of at least 14 governorates.
The number of supporters from the People's Assembly, the Shura Council and the Municipal
Councils of governorates shall be increased with a percentage equal to the number
of any of those councils. In all case, supporting more than one candidate shall
not be permissible. Political parties, which have been founded at least five consecutive
years before the starting date of candidature and have been operating uninterruptedly
for this period, and whose members have obtained at least 3% of the elected members
of both the People's Assembly and the Shura Council or what equals this total in
one of the two assemblies, may nominate for presidency a member of their respective
higher board, according to their own bylaws, provided he has been a member of such
board for at least one consecutive year. As an exception to the provisions of the
afore-mentioned paragraph, the afore-mentioned political parties whose members obtained
at least one seat in any of the People's Assembly or the Shura Council in the last
elections may nominate in any presidential elections to be held within ten years
as of May 1, 2007, any member of its higher board, according to their own bylaws,
provided he has been a member of such board for at least one consecutive year. Applications
for candidature shall be submitted to an independent committee called the "Committee
on Presidential Elections". This committee shall presided by the chief justice of
the Supreme Constitutional Court and comprise the head of the Cairo Court of Appeal,
the first deputy chief justice of the Supreme Constitutional Court, the first deputy
chairman of the Court of Cassation, the first deputy chairman of the State Council
and five public figures known for their impartiality, three of whom selected for
five years by the People's Assembly and two by the Shura Council upon proposal of
the Bureau of each council. The law shall decide who replaces the committee chairman
or any of its members in case of any hindering circumstances.
This committee is exclusively competent to:
1. Announcing the opening of candidature, supervising its procedures and announcing
the final list of candidates.
2. Supervising the procedures of proposals and vote counting.
3. Announcing the result of elections.
4. Adjudicating on all petitions and challenges and all matters within its competences
including cases of disputed jurisdiction.
5. Drafting rules of procedure to organize its work methodology and the exercise
of its competences.
Decisions of the committee shall be made by a majority of at least seven of its
members and shall be final, valid by themselves, unchallengeable before any tribunal
and may not be interpreted or prevented from execution. The law organizing presidential
elections shall define other competences of the committee as well as the rules for
nominating a replacement for a candidate whose post becomes vacant for any reason
other than relinquishment of candidature during the period between the beginning
of candidature and the end of the ballot. Elections shall be held on one day, and
the committee on presidential elections shall set the committees that supervise
the voting and vote counting processes, provided that this is supervised by general
committees composed of members of the judiciary in accordance with the rules and
regulations defined by the committee. Election of the President is announced when
the candidate wins absolute majority of valid votes. In case none of the candidates
wins this absolute majority a second round of elections shall be held after at least
seven days between the two candidates who won the highest number of votes. In case
two candidates win equal valid votes they shall go for the second round in which
the winner shall be the candidate who wins the greater number of votes. Elections
for the post of President of the Republic shall be held even if only one candidate
applied for candidature or in case all other candidates relinquished their candidature
or no one applied to replace a candidate whose candidature become vacant. In such
case the candidate who wins the absolute majority of valid votes shall be the winning
candidate. President of the Republic shall president the bill organizing presidential
elections to the Supreme Constitutional Court after its approval by the People's
Assembly and before a report on its constitutionality is issued. The Supreme Constitutional
Court shall issue its report on this matter within fifteen days of the referral.
In case it decides the constitutionality of a text or more of the bill. President
of the Republic shall return it to the People's Assembly to act accordingly. In
all cases the ruling of the Supreme Constitutional Court shall be binding to all
authorities of the State. It shall be published in the official gazette within three
days of its promulgation.
(Article 77) The term of the Presidency is six Gregorian years starting from
the date of the announcement of the result of the plebiscite. The President of the
Republic may be re-elected for other successive terms.
(Article 78) Procedures for the choice of a new President of the Republic
shall begin sixty days before the expiration of the term of the President in office.
The new President shall be selected at least one week before the expiration of the
term. Should this term expire without the choice of the new President being made
for any reason whatsoever, the former President shall continue to exercise his functions
until his successor is elected. Should the election of the new president be announced
before the end of the term of his predecessor, his presidential term shall start
from the second day following the end of such a term.
(Article 79) Before exercising his powers, the President shall take the following
oath before the People's Assembly. "I swear by Almighty God to uphold the Republican
system with locality, to respect the Constitution and the law, to look after the
interests of the people fully and to safeguard the independence and territorial
integrity of the motherland".
(Article 80) The salary of the President of the Republic shall be fixed by
law. Any amendment in the salary shall not come into force during the Presidential
term in which it is decided upon. The President of the Republic may not receive
any other salary or remuneration.
(Article 81) During his term the President of the Republic may not exercise
any free profession or undertake any commercial, financial or industrial activity.
Nor may he acquire or take on lease any State property, sell to or exchange with
the State any property of his whatsoever.
(Article 82) If on account of any temporary obstacle the President of the
Republic is unable to carry out his functions, he shall delegate his powers to a
vice president or the Prime Minister should there be no vice-president or in case
of being unable to do so. The one who shall act as the President of the Republic
may not request the amendment of the Constitution or dissolve the People's Assembly
or the Shura Council or to relieve the cabinet.
(Article 83) In case of resignation, the President shall address the letter
of resignation to the People's Assembly.
(Article 84) In case of the vacancy of the Presidential Office or the permanent
disability of the President of the Republic, the President of the People's Assembly
shall temporarily assume the Presidency; and, if at that time, the People's Assembly
is dissolved, the President of the Supreme Constitutional Court shall take over
the Presidency, however, on condition that neither one shall nominate himself for
the Presidency,however, on condition that neither one shall nominate himself for
the Presidency while abiding by the provisions of the second paragraph of Article
82. The People's Assembly shall then proclaim the vacancy of the office of President.
The President of the Republic shall be chosen within a maximum period of sixty days
from the day of the vacancy of the Presidential Office.
(Article 85) Any charge against the President of high treason or of committing
a criminal act shall be made upon a proposal by at least one-third of the members
of the People's Assembly. No impeachment shall be issued except upon the approval
of a majority of two-thirds of the Assembly members. The President shall be suspended
from the exercise of his duty as from the issuance of the impeachment. The Vice-president
shall temporarily assume the Presidency or the Prime Minister should there be no
vice-president while abiding by the provisions of the second paragraph of Article
82 till issuing a ruling regarding the impeachment. The President of the Republic
shall be tried by a special tribunal set up by law. The law shall also organize
the trial procedures and define the penalty. If he is found guilty, he shall be
relieved of his post, without prejudice to other penalties.
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CHAPTER II - The Legislature The People's Assembly
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(Article 86) The People's Assembly shall exercise the legislative power and
approve the general policy of the State, the general plan of economic and social
development and the general budget of the State. It shall exercise control over
the work of the executive authority in the manner prescribed by the Constitution.
(Article 87) The law shall determine the constituencies into which the State
shall be divided and the number of elected members of the People's Assembly must
be at least 350 persons, of which one half at least must be workers and farmers
elected by direct secret public balloting. The definition of the worker and the
farmer shall be made by law. The President of the Republic may appoint a number
of members not exceeding ten.
(Article 88) The necessary conditions stipulated in the members of the People's
Assembly shall be defined by law which shall set out the provisions of the election
and referendum and casting ballot shall take place in one day. A higher committee
which enjoys independence and impartiality shall supervise the elections in the
manner regulated by the law. The law shall set out the competencies of the committee
and the way of its formation and current and former members of judicial bodies shall
be among its members. The committee shall form the general committees supervising
the elections at the level of the constituencies and the committees exercising the
measures of casting ballot and votes' counting. The general committees shall be
formed of members of judicial bodies and votes counting shall be made under the
supervision of the general committees in accordance with the rules and the measures
defined by the law. The rules of election and referendum shall be determined by
law, while the ballot shall be conducted under the supervision of members of a judiciary
organ.
(Article 89) Employees of the State and of the public sector nominate themselves
for membership in the People's Assembly. The member of the people's Assembly shall
devote himself to membership in the Assembly except in cases specified by law. His
post or work shall be held over for him in accordance with the provisions of the
law.
(Article 90) The member of the People's Assembly shall take the following
oath before the Assembly before entering upon his duties: "I swear by God Almighty,
that I shall preserve the safety of the nation and the Republican regime, shall
attend to the interests of the people and shall respect the Constitution and law".
(Article 91) Members of the People's Assembly shall receive a remuneration
determined by the law.
(Article 92) The duration of the People's Assembly term is five Gregorian
years from the date of its first meeting. Elections for renewal of the Assembly
shall take place within the sixty days preceding the termination of the term.
(Article 93) The People's Assembly shall be the only authority competent
to decide upon the validity of its members. A Court of Causation shall be competent
to investigate the validity of contestation presented to the Assembly, on being
referred to it by the President of the Assembly. The contestation shall be referred
to the Court of Cassation within fifteen days as from the date on which the Assembly
was informed of it, while the investigation shall be completed within ninety days
from the date on which the contestation is referred to the Court of Cassation. The
result of the investigation and the decision reached by the Court shall be submitted
to the Assembly to decide upon the validity of the contestation within sixty days
from the date of submission of the result of the investigation to the Assembly.
The membership will not be deemed invalid except by a decision taken by a majority
of two-thirds of the Assembly members.
(Article 94) If the seat of a member becomes vacant before the end of his
term, the vacant position must be occupied in accordance with the law within sixty
days from the date as of informing the Assembly of the occurrence of the vacancy.
The term of the new member shall be complementary to that of his predecessor.
(Article 95) No member of the People's Assembly shall, during his mandate,
purchase or rent any State property; or lease or sell to the State or barter with
it regarding any part of his property, or conclude a contract with the State in
his capacity as entrepreneur, importer or contractor.
(Article 96) No membership in the People's Assembly shall be revoked except
on the grounds of loss of confidence or status or of one of the conditions of membership,
or the loss of the member's status as a worker or farmer upon which he was elected
or the violation of the member's mandate. The membership shall be deemed invalid
on the grounds of a decision taken by a majority of two-thirds of the Assembly members.
(Article 97) The People's Assembly alone may accept the resignation of its
members.
(Article 98) Members of the People's Assembly shall not be censured for any
opinions or thoughts expressed by them in the performance of their tasks in the
Assembly or its committees.
(Article 99) No member of the People's Assembly shall be subject to a criminal
prosecution without the permission of the Assembly except in cases of flagrant delicto.
If the Assembly is not in session, the permission of the President of the Assembly
must be taken. The Assembly must be notified of the measures taken in its first
subsequent session.
(Article 100) The seat of the People's Assembly shall be Cairo. However,
in exceptional circumstances, it may meet another city, at the request of the President
of the Republic or the majority of the Assembly members. Any meeting of the Assembly
in other than its designated seat is illicit and the resolutions passed in it shall
be considered invalid.
(Article 101) The President of the Republic shall convoke the People's Assembly
for its ordinary annual session before the second Thursday of November. If it is
not convoked, the Assembly shall meet, by force of the Constitution, on the said
day. The session of the ordinary meeting shall continue for at least seven months.
(Article 102) The President of the Republic may call the People's Assembly
to an extraordinary meeting, in case of necessity, or upon a request signed by a
majority of the Assembly members. The President of the Republic shall announce the
dismissal of the extraordinary meeting.
(Article 103) The People's assembly shall elect, in the first meeting of
its ordinary annual session, a president and a vice-president for the term of the
session. If the seat of anyone of them is vacated, the Assembly shall elect a replacement,
whose term will last until the end of his predecessor�s term.
(Article 104) The People's Assembly shall lay down its own rules of procedure
organizing the manner of the fulfillment of its tasks.
(Article 105) The people's Assembly alone shall be entitled to preserve order
inside it. The President of the Assembly shall be entrusted with this task.
(Article 106) The meetings of the People's Assembly shall be public. However,
a meeting in camera may be held at the request of the president of the Republic
or of the government or of its Prime Minister or at least twenty of its members.
The Assembly shall then decide whether the debate on the question submitted to it
shall take place in a public meeting or in a meeting in camera.
(Article 107) The meeting of the Assembly shall be considered invalid if
the majority of its members are not present. The resolution of the Assembly shall
be adopted by an absolute majority of the attending members, in cases other than
those for which a specific majority is required. Every article of the draft laws
shall be put to a vote. In case of a tie vote, the question on which the debate
had taken place shall be rejected.
(Article 108) The president of the Republic shall have the right, in case
of necessity or in exceptional cases and on the authorization of the People's Assembly
upon the approval of a majority of two thirds of its members, to issue resolutions
having the force of law. The authorization must be for a limited period of time
during which the subjects of the resolutions and the grounds upon which they are
based, must be determined. The resolutions must be submitted to the People's Assembly
in the first meeting after the end of the authorization period. If they are not
submitted or if they are submitted and not approved by the Assembly, they shall
cease to have the force of law.
(Article 109) The President of the Republic and every member of the People's
Assembly shall have the right to propose laws.
(Article 110) Every draft law shall be referred to a committee of the Assembly,
which will study it and submit a report concerning it. Draft laws presented by members
of the People's Assembly shall not be referred to this committee unless they are
first referred to a special committee which will study them and give an opinion
on the suitability of their consideration by the Assembly and after the Assembly
decides to consider them.
(Article 111) Every draft law proposed by a member and rejected by the Assembly
cannot be presented again in the course of the same session.
(Article 112) The president of the Republic shall have the right to promulgate
laws or object to them.
(Article 113) If the President of the Republic objects to a draft law ratified
by the People's Assembly he shall refer it back to the Assembly within thirty days
from the Assembly's communication of it. If the draft law is not referred back within
this period, it is considered a law shall be promulgated. If it is referred back
to the Assembly on the said date and approved once again by a majority of two- thirds
of the members, it shall be considered a law and shall be promulgated.
(Article 114) The people's Assembly shall approve the general plan for economic
and social development. The manner of the preparation of the plan and of its submission
to the people's Assembly shall be determined by law.
(Article 115) The draft public budget shall be submitted to the People's
Assembly at least three months before the beginning of the fiscal year. It shall
be considered in effect after approval. The draft budget shall be voted upon title
by title. The People's Assembly may modify the expenditures mentioned in the budget
draft except those regarded as an implementation to a specified commitment by the
State. Should the modification result in increasing the expenditures, the People's
Assembly has to agree with the government on means to provide resources of the revenues
to realize rebalance between them and expenditures. The budget shall be issued by
a law which may include modification in any already issued law as necessary to realize
this balance. Should not the new budget be ratified before the beginning of the
new fiscal year, the old budget shall be in effect till ratification. The law shall
define the way of the budget preparation as well as the fiscal year.
(Article 116) The approval of the people's Assembly shell be considered necessary
for the transfer of any funds one title of the budget to another title, as well
as for any expenditure not included in it or excess of its estimates, and this shall
be issued by a law.
(Article 117) The provisions regulating the budgets and accounts of public
organizations and organisms shall be prescribed by law.
(Article 118) The final account of the State budget shall be submitted to
the People's Assembly within a period not exceeding six months from the date of
the expiration of the fiscal year. It shall be voted upon title by title and issued
by a law. The annual report of the Central Agency for Accounting and its observations
must be submitted to the People's Assembly. The Assembly has the right to demand
from the Central Agency for accounting any data or other pertinent reports.
(Article 119) The imposition, modification or abolition of general taxes
cannot be effected except in the cases decreed by law. No one may be exempted from
his or her payment except in the cases specified by law. No one may be asked to
pay additional taxes or imposts except in the cases specified by law.
(Article 120) The basic rules for collection of public funds and the procedure
for their disbursement shall be regulated.
(Article 121) The Executive Authority shall not contract a loan or bind itself
to a project entailing expenditure of funds from the State Treasury in the course
of a subsequent period, except with the approval of the People's Assembly.
(Article 122) The rules governing the granting of salaries, pensions, indemnities,
subsides and bonuses from the state Treasury shall be determined by law which shall
also regulate the cases excepted from these rules, and the authorities charged with
their application.
(Article 123) The rules and procedures for granting concessions relating
to investment of the sources of natural wealth and of public utilities shall be
determined by law; disposal, free of charge, of real estate properties belonging
to the State or the ceding of moveable properties of the State and the rules and
problems relating to them shall also be determined by law.
(Article 124) Every member of the People's Assembly shall be entitled to
address questions to the Prime Minister or any of his deputies or the Ministers
or their deputies concerning matters within their jurisdiction. The Prime Minister,
his deputies, the Ministers and the persons they delegate on their behalf shall
answer the questions put to them by members. The member may withdraw his question
at any time; this same question may not be transformed into an interpellation in
the same session.
(Article 125) Every member of the People's Assembly shall be entitled to
address Interpellations to the Prime Minister or his deputies or the Ministers or
their deputies concerning matters within their jurisdiction. Debate on an interpellation
shall take place at least seven days after its submission, except in the cases of
urgency as decided by the Assembly and with the government's consent.
(Article 126) The Ministers shall be responsible collectively for the general
policy of the State before the People's Assembly; also every Minister shall be responsible
for the acts of his Ministry. The People's Assembly may decide to withdraw its confidence
from any of the Prime Minister's deputies or from many of the Ministers or their
deputies. A motion of no confidence should not be submitted except after an interpellation.
Such a motion should be proposed by one-tenth of the Assembly's members. The Assembly
should not decide on such a motion until after at least three days from the date
of its presentation. Withdrawal of confidence shall be pronounced by the majority
of the members of the Assembly.
(Article 127) The People's Assembly shall determine the responsibility of
the Prime Minister, on a proposal by one- tenth of its members. Such a decision
should be taken by the majority of the members of the Assembly. It may not be taken
except after an interpellation addressed to the government, and after at least three
days from the date of its presentation. In the event that such responsibility is
determined, the Assembly shall submit a report to the President of the Republic
including the elements of the subject, the conclusions reached on the matter and
the reasons behind it. The President of the Republic may accept the resignation
of the government or return such a report to the Assembly within ten days. Should
the Assembly ratify it once again by a majority of two thirds of its members, the
President of the Republic shall accept the resignation of the government. Should
the proposal of the responsibility of the Prime Minister be rejected, the one requesting
the withdrawal of confidence may not re-request it in the same session.
(Article 128) If the Assembly withdraws its confidence from any of the Prim
Minister's deputies or of the Ministers or of their deputies, they shall resign
their office. The Prime Minister shall submit his resignation to the President of
the Republic if he is found responsible before the People's Assembly.
(Article 129) Any twenty members, at least, of the People's Assembly may
ask for the discussion of a public question to ascertain the government's policy
regarding such a question.
(Article 130) The members of the people's Assembly shall be entitled to express
their opinions concerning public question before the Prime Minister or any of his
deputies or of the Ministers.
(Article 131) The People's Assembly shall form an ad hoc committee or entrust
any of its committees with the inspection of the activities of any of the administrative
departments or the general establishments or any administrative or executive organ
or any of the public projects, for the purpose of finding facts and informing the
Assembly as to the actual financial or administrative or economic positions or for
conducting investigations into a subject related to one of the said activities.
In the course of its work, such a committee shall be entitled to collect whatever
evidence it deems necessary and to subpoena all those it needs. All executive and
administrative bodies shall answer the demands of the committee and put under its
disposal all the documents and evidence it asks for this purpose.
(Article 132) At the inaugural meeting of the ordinary session of the People's
Assembly, the President of the Republic shall give a statement of the general policy
of the State. He shall also give other statements before the Assembly. The Assembly
is entitled to discuss the statement of the President of the Republic.
(Article 133)The Prime Minister shall submit the program of the government
within sixty days of the date of its formation to the People's Assembly or in its
first meeting should not be assembled. Should not the Assembly ratify this program
by the majority of its members, the President of the Republic may accept the resignation
of the Cabinet. Should not the Assembly ratify the program of the new cabinet, the
President of the Republic may dissolve the Assembly or accept the resignation of
the Cabinet. The Prime Minister and the ministers and other members of the government
may deliver a statement before the People's Assembly or any of its committees as
regards a subject matter within its competency. The Assembly or the committee shall
discuss this statement and express opinion over any remarks regarding it. The People's
Assembly is entitled to discuss such program.
(Article 134) The Prime Minister, his deputies, the Ministers and their deputies
may become members of the People's Assembly. Those of them who are not members may
attend the sessions and committees of the Assembly.
(Article 135) The Prime Minister and Ministers shall be heard in the People's
Assembly and its committees whenever they request to speak. They may be assisted
by high-ranking officials. A Minister shall have no counted vote when votes are
taken, unless he is a member.
(Article 136) The President of the Republic shall not dissolve the People's
Assembly unless it is necessary. Should the Assembly be dissolved over a matter,
the new Assembly may not be dissolved for the same matter. The decision must include
a call on voters for holding new elections of the People's Assembly in a date not
exceeding sixty days from the date of issuing the decision of dissolution. The decision
dissolving the Assembly shall comprise an invitation to the electors to conduct
new elections for the People's Assembly within a period not exceeding sixty days
from the date of the declaration of the referendum results. The new Assembly shall
convene during a period of ten days following the completion of elections.
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CHAPTER III - The Executive |
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SECTION I - The President of the Republic |
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(Article 137) The President of the Republic shall assume executive power
and shall exercise it in the manner stipulated in the Constitution.
(Article 138) The President of the Republic in conjunction with the government,
shall lay down the general policy of the State and supervise its implementation
in the manner prescribed in the Constitution. The President of the Republic shall
exercise the competencies stipulated in articles 144, 145, 146, 147 after the approval
of the Cabinet and the competencies stipulated in articles 108, 148, 151 (second
paragraph) after taking its opinion.
(Article 139) The President of the Republic may appoint one or more vice-presidents,
define their jurisdiction and relieve them of their posts. The rules relating to
the calling into account of the President of the Republic shall be applicable to
the Vice-Presidents.
(Article 140) Before exercising his functions, the Vice-President shall take
the following oath before the President of the Republic: "I swear by Almighty God
to uphold the Republican system with loyalty, to respect the Constitution and the
law, to look after the interests of the people fully and to safeguard the independence
and territorial integrity of the motherland".
(Article 141) The President of the Republic shall appoint the Prime Minister
and relieve him of his post and the appointment of his deputies, the ministers and
their deputies and relieving them of their posts shall take place by a decision
of the President of the Republic after taking the opinion of the Prime Minister.
(Article 142) The President of the Republic shall have the right to call
a meeting of the Council of Ministers and to attend its meeting. He shall also preside
over the meetings he attends. He shall be entitled to demand reports from the Ministers.
(Article 143) The President of the Republic shall appoint the civil and military
officials, and the diplomatic representatives, and dismiss them in the manner prescribed
by the law. He shall also accredit the diplomatic representatives of foreign states.
(Article 144) The President of the Republic shall issue the necessary regulations
for the implementation of the laws, in the manner that would not modify, obstruct
or exempt them from execution. He shall have the right to vest others with authority
to issue them. The law may determine whoever issues the decisions requisite or its
implementation.
(Article 145) The President of the Republic shall issue the control regulations.
(Article 146) The President of Republic shall issue the decisions necessary
for organizing the public services and interests.
(Article 147) In case it becomes necessary, during the recess between the
sessions of the People's Assembly, to take measures, which cannot suffer delay,
the President of the Republic shall issue decisions in their respect, which shall
have the force of law. Such decisions must be submitted to the People's Assembly
within fifteen days from their date of issuance if the Assembly is standing. In
case of dissolution or recess of the Assembly, they shall be submitted at its first
meeting. In case they are not submitted, their force of law disappears with retroactive
effect, without need for issuing a decision to this effect. If they are submitted
and are not ratified, their force of law disappears with retroactive effect, unless
the Assembly ratifies their validity in the previous period or settling their effects
in another way.
(Article 148) The President of the Republic shall proclaim a state of emergency
in the manner prescribed by the law. Such proclamation must be submitted to the
People's Assembly within the subsequent fifteen days in order that the Assembly
may take a decision thereon. In case the People's Assembly is dissolved, the matter
shall be submitted to the new Assembly at its first meeting. In all cases, the proclamation
of the state of emergency shall be for a limited period, which may not be extended
unless by approval of the Assembly.
(Article 149) The President of Republic shall have the right of granting
amnesty or commute a sentence. As for general amnesty, it can only be granted by
virtue of a law.
(Article 150) The President of Republic shall be the Supreme Commander of
the Armed Forces. He shall be the authority who declares war, after the approval
of the People's Assembly.
(Article 151) The President of Republic shall conclude treaties and communicate
them to the People's Assembly, accompanied with a suitable clarification. They shall
have the force of law after their conclusion, ratification and publication according
to the established procedure. However, peace treaties, alliance pacts, commercial
and maritime and all the treaties involving modifications in the territory of the
State, or having connection with the rights of sovereignty, or which lay upon the
Treasury of the State certain charges not provided for in the budget, must acquire
the approval of the People's Assembly.
(Article 152) The President of the Republic may call a referendum of the
people on important matters affecting the supreme interests of the country.
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SECTION II - The Government |
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(Article 153) the government shall be the supreme executive and administrative
organ of the State. It shall consist of the Prime Minister, his deputies, the Ministers
and their deputies. The Prime Minister shall supervise the work of the government.
(Article 154) Whoever is appointed Minister or Deputy-Minister must be an
Egyptian, not less than 35 Gregorian years of age, and enjoying full civil and political
rights.
(Article 155) Before exercising the functions of their posts, the members
of the Cabinet shall take the following oath before the President of the Republic:
"I swear by Almighty God to uphold the Republican system with loyalty, to respect
the Constitution and the law, to look after the interests of the people fully, and
to safeguard the independence and territorial integrity of the motherland".
(Article 156) The Cabinet shall exercise the following functions in particular:
a) Laying down the general policy of the State, and controlling its implementation
in collaboration with the President of the Republic in accordance with the Presidential
laws and decrees.
b) Directing, coordinating and following up the works of the ministries, their affiliated
organs, and the public organizations and institutions.
c) Issuing administrative and executive decisions in accordance with the laws and
decrees, as well as supervising their implementation.
d) Preparing the draft laws and decrees.
e) Preparing the draft of the general budget of the State.
f) Preparing the overall plan.
g) Contracting and granting loans in accordance with the rules of the Constitution.
h) Supervising the implementation of laws, maintaining State security and protecting
the rights of the citizens and the interests of the State.
(Article 157) The Minister shall be the administrative supreme chief of his
ministry. He shall undertake the laying down of the ministry's policy in the framework
of the State's general policy, and shall undertake its implementation.
(Article 158) During the term of his office, the Minister shall not practice
a free profession - a commercial or financial or industrial occupation, buy or rent
any State property, or lease or sell to or barter with the State any of his own
property.
(Article 159) The President of the Republic and the People's Assembly shall
have the right to bring a minister to trial for crimes committed by him in the performance
of, or because of, the duties of his post. The decision of the People's Assembly
to charge a minister shall be adopted upon a proposal submitted by at least one-fifth
of its members. No indictment shall be issued except by a majority of two- thirds
of the members of the Assembly.
(Article 160) Any minister indicted shall cease to function until his case
is decided. The termination of his services shall not prevent legal action being
taken or pursued against him. The trial of a minister, the procedures and guarantees
of the trial, and the indictment shall be in accordance with the manner prescribed
by the law. These rules shall be in force with regard to the Deputy Ministers.
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SECTION III - The Local Administration |
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(Article 161) The Arab Republic of Egypt shall be divided into administrative
units, enjoying moral entities, among which shall be governorates, cities and villages.
Other administrative units may be established, having moral entities, if this may
be required by the common interest. The law guarantees decentralization and regulates
the means of empowering the administrative units as regards providing local services
and utilities, promoting them and managing them well.
(Article 162) Local People's Councils shall be gradually formed, on the level
of administrative units, by direct election, providing that half of their members
at least shall be workers and farmers. The law shall provide for the gradual transfer
of authority to them. Presidents and Vice-Presidents, of the Councils shall be selected
from among their members by mean of elections.
(Article 163) The law shall prescribe the way of formation of the Local People's
Councils, their competencies, their financial resources, the guarantees for their
competencies, their financial resources, the guarantees for their members, their
relations to the People's Assembly and to the government, and their role in preparing
and implementing the development plan and in controlling the various activities.
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SECTION IV - The National Specialized Councils |
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(Article 164) Specialized Councils shall be established on the national level
to assist in laying down the general policy of the State in all fields of national
endeavor. These councils are to be affiliated to the President of the Republic.
A Presidential decree shall determine the formation and functions of each council.
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CHAPTER IV - The Judiciary Authority
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(Article 165) The Judiciary Authority shall be independent. It shall be exercised
by courts of justice of different sorts and classes, which shall issue their judgments
in accordance with the law.
(Article 166) Judges shall be independent, subject to no other authority
but the law. No authority may intervene in the cases or in justice affairs.
(Article 167) The law shall determine the judiciary organizations and their
functions organize the way of their formation, prescribe the conditions and measures
for the appointment and transfer for their members.
(Article 168) The status of judges shall be irrevocable. The law shall regulate
the disciplinary actions with regard to them.
(Article 169) The sessions of the courts shall be made public, unless a court
decides to hold them in camera, for considerations of public order or morality.
In all cases, judgments shall be pronounced in public sessions.
(Article 170) The people shall contribute in maintaining justice, in accordance
with the manner, and the limits, prescribed by the law.
(Article 171) The law shall regulate the organization of the State Security
Courts, and prescribe their competencies and the conditions to be fulfilled by those
who occupy the office judge in them.
(Article 172) The State Council shall be an independent judiciary organization,
which has the competence decisions in administrative disputes, and disciplinary
cases. The law shall determine its other competencies.
(Article 173) Every judicial body shall assume its own affairs. A council
shall be formed to join the chiefs of the judicial bodies chaired by the President
of the Republic to care for its common affairs. The law shall prescribe its formation,
its competencies, and its rules of action.
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CHAPTER V - Supreme Constitutional Court
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(Article 174) The Supreme Constitutional Court shall be an independent judiciary
body, having its own moral person in the Arab Republic of Egypt, and having its
seat in Cairo.
(Article 175) The Supreme Constitutional Court alone shall undertake the
judicial control in respect of the constitutionality of the laws and regulations,
and shall undertake the explanation of the legislative texts, all of which in accordance
with the manner prescribed by the law. The law shall determine the other competencies
of the court, and regulate the procedure to be followed before it.
(Article 176) The law shall organize the way of formation of the Supreme
Constitutional Court, and prescribe the conditions required in its members, their
rights and immunities.
(Article 177) The status of members of the Supreme Constitutional Court shall
be irrevocable. The Court shall call to account its members, in the manner prescribed
by the law.
(Article 178) The judgment issued by the Supreme Constitutional Court in
constitutional cases, and its decisions concerning the interpretation of legislative
texts, shall be published in the Official Gazette. The law shall organize the effects
subsequent to a decision concerning the unconstitutionality of legislative text.
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CHAPTER VI - Terrorism Combat
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(Article 179) The State shall work to safeguard the general discipline and
security in the face of the dangers of terror. The law shall regulate the provisions
related to the measures of conclusion and investigation necessary for combating
those dangers under the supervision of the Judiciary in a way that the measure stipulated
in the first paragraph of Article 41 and Article 44 and the second paragraph of
Article 45 of the Constitution is not to hinder putting those provisions into effect.
The President of the Republic may submit any crime of terror crimes to any judicial
body stipulated in the Constitution or the law.
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CHAPTER VII - Armed Forces and The National Defense Council
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(Article 180) The State alone shall establish the Armed Forces which shall
belong to the people. Their duty shall be to protect the country, safeguard its
territory and security. No organization or group may establish military or semi-military
formations.
(Article 181) General mobilization shall be organized in accordance with
the law.
(Article 182) A council shall be established, the National Defense Council,
over which the President of the Republic shall preside, and which shall undertake
the examination of the matter pertaining to the methods of ensuring the safety and
security of the country. The law shall prescribe its other prerogatives.
(Article 183) The law shall organize military judiciary, prescribing their
competencies in the framework of the principles in the Constitution.
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CHAPTER VIII - Police
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(Article 184) Police Authority shall be a civil disciplinary body. Its Supreme
Chief shall be the President of the Republic. Police Authority shall perform its
duty in the people's services, maintain peace and security for the citizens, preserve
order, public security and morality, and undertake the implementation of the duties
imposed upon it by laws and regulations, in the manner prescribed by the law.
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PART
SIX - GENERAL AND TRANSITIONAL PROVISIONS
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(Article 185) The city of Cairo shall be the capital of the Arab Republic
of Egypt.
(Article 186) The law shall prescribe the national flag and the provisions
relating thereto, as well as the State emblem and the provisions relating thereto.
(Article 187) Provisions of the laws shall apply only from the date of their
entry into force, and shall have no retroactive effect. However, provisions to the
contrary may be made, in other than criminal matters, with the approval of the majority
of the members of the People's Assembly.
(Article 188) All laws shall be published in the Official Gazette within
two weeks from the date of their issuance. They shall be put in force after a month
following the date of their publication unless another date is fixed for that.
(Article 189) The President of the Republic, as well as the People's Assembly,
may request the amendment of one or more of the Constitution articles. The articles
to be revised and the reasons justifying such amendment must be mentioned in the
request for amendment. In case the request emanates from the People's Assembly,
it should be signed by at least one third of the Assembly members. In all cases,
the Assembly shall discuss the amendment in principle, and the decision in this
respect shall be taken by the majority of its members. If the request is rejected,
the amendment of the same particular articles may not be requested again before
the expiration of one year from the date of such rejection. If the People's Assembly
approves the principle of revision, the articles requested to be mended shall be
discussed after two months from the date of the said approval. If the modification
is approved by two-thirds of the members of the Assembly, it must be referred to
the people for a plebiscite. If the amendment is approved, it shall be considered
in force from the date of the announcement of the result of the plebiscite.
(Article 190) The term of the present President of the Republic shall be
terminated at the end of six years from the date of announcing his election as President
of the Arab Republic of Egypt.
(Article 191) All the provisions of the laws and regulations prior to the
proclamation of this Constitution shall remain valid and in force. However, they
may be repealed or amended in this Constitution.
(Article 192) The Supreme Court shall exercise its competencies prescribed
in the law concerning its establishment until the formation of the Supreme Constitutional
Court is completed.
(Article 192 Rept) The word "election" shall replace the word "referendum"
wherever it occurs in the Constitution with regard to electing the President of
the Republic.
(Article 193) This Constitution shall be in force as from the date of announcing
the approval of the people, in this respect, in the plebiscite.
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PART SEVEN
- NEW RULINGS |
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CHAPTER I - The Shura Assembly |
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(Article 194) The Shura Council is concerned with the study and proposal
of what it deems necessary to preserve the support of the national unity and the
social peace and to protect the basic components of society, its supreme values,
its rights and liberties and its public duties. The Council should approve the following:
1- Proposals of amending one or more articles of the Constitution provided that
provisions in Article 189 must be applied to discussions of the amendment and the
approval therein.
2- Draft laws complementary to the Constitution stipulated by Articles 5, 6, 48,
62,76,85,87,88,89,91, 160,163,167,168, 170,171,172,173,175,176, 177,178,179,183,196,197,198,206,207,208,209,210
and 211 of the Constitution.
3- Treaties of peace and coalition and all agreements which indicate amendment in
the State lands and related to the State sovereignty. If a dispute happens between
the People's Assembly and the Shura Council concerning those subjects, Speaker of
the People's Assembly shall submit the matter to a joint committee to be formed
by speakers of the two assemblies and membership of seven members in each assembly
to be selected by its general committee in order to propose a text for provisions
subject of dispute. The final text concluded by the committee shall be reviewed
by the two assemblies and if any of them does not approve the text, the matter shall
be submitted to the two assemblies in a joint meeting under the chairmanship of
the People's Assembly speaker in the place specified by him and with attendance
of at least the majority of members in the two assemblies and if the committee does
not reach a unified text, the two assemblies are allowed to approve in their joint
meeting any text approved by any of them. Voting in the two councils or in their
joint committee is made by majority of attendants without discussion.
(Article 195) The Shura Council shall be consulted in the following:
1- Draft of the public plan for social and economic development.
2- Draft laws referred to the Assembly by the President of the Republic.
3- Whatever matters referred to the Council by the President of the Republic relative
to the general policy of the State or its policy regarding Arab or foreign affairs.
The Assembly shall submit to the President of the Republic and the People's Assembly
its opinion in such matters.
(Article 196) The Shura Assembly shall be composed of a number of members
defined by the law, not less than 132 members. Two thirds of the members shall be
elected by direct secret public balloting, half of whom at least must be workers
and farmers. The President of the Republic shall appoint the other third.
(Article 197) The law shall determine the electoral constituencies of the
Shura Assembly, the number of members in every constituency, and the necessary conditions
stipulated in the elected or appointed members of the Shura Assembly.
(Article 198) The term of membership of the Shura Assembly is six years,
whereas renewed election and appointment of 50% of the total number of members,
whether elected or appointed, is every three years as defined by law. It is always
possible to re-elect or re-appoint those membership has expired.
(Article 199) The Shura Assembly shall elect a president and two vice presidents
at its first ordinary annual session for a period of three years. If one of these
offices becomes vacant, the Assembly shall elect a successor for the rest of the
term.
(Article 200) No member can hold office in both People's Assembly and the
Shura Assembly at one and the same time.
(Article 201) The Prime Minister and his deputies, the ministers and government
officials shall not be held responsible to the Shura Assembly.
(Article 202) The president of the Republic has the right to make a statement
upon the general policy of the State or upon any other matter before a joint meeting
of the People's Assembly and the Shura Assembly, headed by the Speaker of the People's
Assembly. The President of the Republic has the right to make whatever statements
he wishes before the Shura Assembly.
(Article 203) The prime minister and the ministers and other government officials
may make statements before the Shura Assembly or before one of its committees upon
a subject that comes within his competence. The Prime Minister and his deputies
and other government officials shall be heard by the Shura Assembly and its committees
upon their request, and they may seek the assistance of any government official,
as they see fit. However, the vote of the minister or government official is not
valid upon any count of votes unless he is a member.
(Article 204) The president of the Republic may not dissolve the Shura Assembly
except when necessary, while such a decision should comprise a call to hold new
elections for the Shura Assembly within a period of sixty days from the date of
its dissolution. The Assembly shall hold its first meeting ten days from the date
of its election.
(Article 205)The provisions of the following articles of the Constitution
shall apply to the Shura Council: 62, 88/second paragraph, 89, 90, 91, 93, 94, 95,
96, 97, 98, 99, 100, 101, 102, 104, 105, 106, 107, 129, 130, 134), insofar as they
are not incompatible with the stipulations cited in this part. The Shura Council
and its Speaker shall exercise the competencies specified in the aforementioned
articles.
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CHAPTER II - The Press
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(Article 206) The Press is a popular, independent authority exercising its
revocation in accordance with the stipulations of the Constitution and the law.
(Article 207) The Press shall exercise its true vocation freely and independently
in the service of society through all means of expression. It shall thus interpret
the trend of public opinion, while contributing to its formation and orientation
within the framework of the basic components of society, the safeguard of the liberties,
rights and public duties and respect of the sanctity of the private lives of citizens,
as stipulated in the Constitution and defined by law.
(Article 208) The freedom of the press is guaranteed and press censorship
is forbidden. Also forbidden is to threaten, suppress, or foreclose a newspaper
through administrative measures, as stipulated in the Constitution and defined by
law.
(Article 209) The freedom of body corporate, whether public or private, or
political parties to publish or own newspapers is safeguarded in accordance with
the law. The financing and ownership of newspapers come under the supervision of
the people, as stipulated in the Constitution and defined by law.
(Article 210) Journalists have the right to obtain news and information according
to the regulations set by law. Their activities are not subject to any authority
other than the law.
(Article 211) A Supreme Press Council shall deal with matters concerning
the press. The law shall define its composition, competencies and its relationship
with the State authorities. The Supreme Press Council shall exercise its competencies
with a view to consolidate the freedom of the press and its independence, to uphold
the basic foundations of society, and to guarantee the soundness of national unity
and social peace as stipulated in the constitution and defined by law.
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E-mail The Prime Minister |
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| “It will be a pleasure to receive your communications through this e-mail. Your comments and opinion, on our policies and programmes, are encouraged. We are keen to benefit from your input to enhance the ability to deliver the best for the public...” |
| Dr. Ahmed Nazif |
| pm@cabinet.gov.eg |
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Voting |
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