Reflecting on the issue of Constitutional Reform

The majority of Egyptians will not object that the political, social and economic changes introduced to society since the promulgation of the 1971 Constitution make it essential for us to review all articles relating to the functions of the "State"; its economics, its relationship with the tools of production as well as its role regarding development plans. The nature and boundaries of public property should also be defined along with the State's responsibility for promoting socialist behavior and for controlling the tools of production especially with the general consensus reached over international economic performance standards and global trade systems.

Reviewing Article 76 of the Constitution, which relates to electing the president and to broadening the right of presidential candidacy, is a step on the right direction. The terms and conditions set forth in Article 76 make it necessary for individuals who are not leaders of political parties to have the support of 5000 citizens from 10 different governorates and the approval of 150 members from local and administrative councils, trades unions and professional associations as a restraining pre-condition. These conditions limit the candidacy to the members of the National Democratic Party.

It is essential to review Article 76 in order to guarantee that the election of the President is from amongst a number of valid candidates, especially at the present time where the political parties are too weak to field powerful contenders that may raise the number of voters and close the door to contest the legitimacy of elections.

Out of all proposed Constitutional reforms, the most pressing at the present time is expanding the right of the legislature to monitor the Executive. In that context, the legislature should have the right to introduce changes to the State budget without having to wait for governmental approval. It should also be entitled to withdraw confidence from the government by a majority vote.

The articles in the previous constitutions providing 50 per cent of Parliament seats to workers and farmers should be abolished as there are generations of politically experienced workers and farmers who can run for Parliament seats depending solely on their capabilities.

The most important Constitutional reform is to introduce the Court of Cassation as the sole legal authority to look into membership complaints.

Makram M. Ahmad
Al-Ahram
November 4, 2006


MODERNIZING THE CONSTITUTION OF EGYPT UP