Contents:

1- What is the Constitution?

2- History of the Constitution.

3- Basic Information.

4- Main Principles.

5- Freedoms in the Constitution.

6- The rule of the law.

7- Reasons for modernizing the Constitution.

8- How to amend the Constitution?

9- History of constitutional amendments.

1- What is the Constitution?

• The Constitution is "the Father of laws";

• Defines identity and nature of State and System of Government.

• Stipulates jurisdictions of three authorities (Executive, Legislative, Judicial).

• Organizes relations among State authorities and,

• Delineates basic constituents of society.

2- History of the Egyptian Constitution

• The first Egyptian constitution dates back to 1879.

• After three years, the constitution of 1882 was issued and so designed as to confirm Egypt's non-subordination to the Ottoman State and was abolished by the British occupation.

• The Constitution of 1923 was issued following the Declaration of February 28, 1922 which recognized Egypt as an independent state.

• The Constitution of 1923 was abolished on October 22, 1930 and a new constitution was issued known as the Constitution of 1930.

• The Constitution of 1930 that remained in effect for five years represented a setback to the democratic life in Egypt till it was abolished in 1935 and constitution of 1923 was restored.

• The Revolution Command Council abolished the Constitution of 1923 on December 10, 1952.

• The second Constitutional declaration was issued on February 10, 1953 including provisions of the temporary constitution during the transitional period. • The monarchy was abolished and the republican system was declared on June 18, 1953.

• A new Constitution was issued on January 16, 1956.

• The Constitution of Unity was declared in 1958 following the creation of the United Arab Republic combining Egypt and Syria.

• The Interim Constitution of March 25, 1964 was issued after three years of separation.

• The existing Egyptian Constitution issued in 1971 and amended in 1980, is still in force to date.

• The current Constitution was issued on September 11, 1971.

• The document of the Constitution declaration stipulated main four goals the people to implement namely; world peace, Arab unity, national development and freedom of humanity and Egyptians.

• The Constitution includes 211 articles.

• The Constitution includes 7 parts, 12 chapters and 4 sections.

• Parts of the Constitution are:

1- The State

2- Basic Foundations of Society

3- Public Freedoms, Rights and Duties

4- Sovereignty of Law

5- System of Government

6- General and Transitional Provisions

7- New Provisions

• The Constitution includes chapters on: Social and Moral Constituents, Economic Constituents, Jurisdictions of Head of State, Jurisdiction of Legislative Authority, Jurisdictions of Executive Authority, Judiciary Authority, Supreme Constitutional Court, Socialist Public Prosecutor, Armed Forces and the National Defense Council, Police, Shura Council and Press.

• Sections of the Constitution are related to: President of the Republic, Government, Local Administration and National Specialized Councils.

• The Egyptian people are a part of the Arab nation.

• Islamic law (Sharia) is the principal source of legislation.

• Sovereignty is for the people alone, and they are the source of authority.

• The political system is a multiparty one.

• The State shall guarantee equality of opportunity to all citizens.

• Public offices are the right of all citizens and an assignment for their occupants in the service of the people.

• Education in the State educational institutions shall be free of charge in its various stages.

• 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.

• Individual freedom is a natural right and shall not be touched.

• The State shall guarantee the freedom of belief and the freedom of practice of religious rites.

• Freedom of opinion is guaranteed and every individual has the right to express his opinion and to publicize it within the limits of the law.

• 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.

• Any assault on individual freedom or on the inviolability of private life of citizens and any other public rights and liberties shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription.

• Citizens shall have the right to peaceful and unarmed private assembly, without the need for prior notice. Security men should not attend these private meetings.

• 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.

• Protecting national unity is the duty of every citizen.

• The rule of the law shall be the basis of rule in the State.

• The independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties.

• No crime or penalty except by a judicial sentence.

• Any defendant is innocent until he is proved guilty before a legal court.

• The right to litigation is inalienable and guaranteed to all citizens.

• No penal lawsuit shall be sued except by an order from a judicature organ.

• Sentences shall be passed and executed in the name of the people. Likewise, refraining to execute sentences is considered a crime punishable by law.

• Any person may lodge a complaint to the courts against any measure taken to restrict his individual freedom.

7- Reasons for modernizing the Constitution to :

• Cope with the political and economic changes that have taken place over 35 years folowing promulgation of the constitution.

• Expand political participation and supporting democratic practice.

• Expand role of parliament in monitoring and questioning government.

• Increase powers of the Council of Ministers.

• Restrict powers of the President during times of danger.

• Enhance rights of citizenship, freedoms and the independence of the judiciary.

• Support participation of woman in the political life.

• Select the best electoral system allowing better representation of parties in parliament.

• Strengthen role of parties by giving more opportunities for nominating their candidates in the Presidential elections.

• Enhance right of citizen to choose among more than one candidate in the Presidential elections.

8- How to amend the Constitution?

• Both the President and the People's Assembly have the right to ask amendment of one or more articles of constitution.

• Request of amendment must contain the articles required to be amended and reasons for amendment.

• At least one third of the People's Assembly members must sign the amendment request if issued by the People's Assembly.

• The People's Assembly shall discuss principle of amendment and issue its decision by majority of the members.

• If the People's Assembly rejected the request, it is not allowed to re-request the amendment of the same articles before one year of the said rejection.

• If the People's Assembly approved principle of amendment, it shall be discussed after two months of date of approval to the articles required to be amended.

• If one third of the members of the council approved the amendment, it shall be submitted to the people in a referendum.

• The amendment takes effect if approved as of date of declaring result of the referendum.

The Constitution of 1971 was amended two times:

• The first amendment was made on May 22, 1980 and included five articles (1, 2, 4, 5, 77).

• Amendment of 1980 added a new part (Part 7) under the title of "New Rulings" and included two chapters; the first on competencies of the Shura Council and includes 12 articles while the second on the authority of press and includes 6 articles.

• The second amendment was made on May 25, 2005 and included amendment of article 76 to stipulate, for the first time, that the President of the Republic shall be elected by direct, public, secret ballot among more than one candidate.