Principles of modernizing the Constitution

As stated in the President's speech on the occasion of signing his message to the People deputies.

Principles of the Constitution modernization

1- Emphasizing the concept of citizenship, its values and principles to achieve the equality before the law in the rights and duties among all citizens without discrimination because of creed,gender or origin.

2- Entrenching the people sovereignty as a source of jurisprudence and power through strengthening the role of parliament and enhancing controls on the works of the executive power.

3- Boosting the role of partisan activities as the crux of the political life and broadening participation in elections to ensure the success of the democratic parties.

4- Developing the mechanism of administering the electoral process and its supervision to guarantee the election fairness to cope with the increase of voters' numbers.

5- Reinforcing the chances of the parties to present presidential candidates by facilitating the candidacy controls.

6- Reinforcing the women representation in the parliament.

7- Introducing a law for combating terrorism to be a legislative substitute to the emergency law and realizing the judicial control to guarantee the citizens' rights and freedom.

8- Effecting compatibity between the Constitution stipulation and contemporary economic situations so that the Constitution should not impose on society an economic system that can be outdated.

9- Deepening the supremacy of the Constitution, its tenets and bases.

10- Reinforcing the judiciary independence.

11- Updating the concept of local administration and focusing decentralization in its performance.

Reasons & objectives of amendment

As stated in the President's letter addressed to the two councils of People and Shura

These amendments are intended to achieve compatibility between the Constitutional provisions and existing economic conditions and modern requirements. They are also intended to prevent the Constitution from imposing on the society specific economic policies that are not open to be changed without amending articles of the Constitution. This will prevent situations in which the surface meaning of these articles would require the application of a particular economic system that could be overtaken by developments over time.

As such it is necessary to request the repeal of Article 59, and a rewording of Article 1 in a manner that underscores the principle of citizenship as a substitute to a "union of the working classes".

Furthermore, in as much as the right to a healthy and protected environment is a public duty, I believe that the Constitution should underscore the importance of environmental protection and preservation. Moreover, because Article 59 which is proposed to be annulled is part of Chapter III of the Constitution on freedoms, rights, and public responsibilities, it is proposed that the chapter be replaced with the suggested text.

* Texts of articles proposed to be amended:

Article 1
The Arab Republic of Egypt is a democratic, socialist state based on the alliance of the working forces of the people. The Egyptian people are part of the Arab Nation and work for the realisation of its comprehensive unity.

Article 4
The economic foundation of the Arab Republic of Egypt is a socialist democratic system based on sufficiency and justice in a manner preventing exploitation, conducive to liquidation of income differences, protecting legitimate earnings, and guaranteeing the equity of the distribution of public duties and responsibilities.

Article 12
The 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, historical heritage of the people, scientific facts, socialist conduct and public morality within the limits of the law. The State is committed to abiding by these principles and promoting them.

Article 24
The people shall control all the means of production and direct their surplus in accordance with the development plan laid down by the State.

Article 30
Public ownership is the ownership of the people and it is confirmed by the continuous consolidation of the public sector. The Public sector shall be the vanguard of progress in all spheres and shall assume the main responsibility in the development plan.

Article 33
Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law, as it is considered the mainstay of the strength of the homeland, a basis for the socialist system and a source of prosperity of the people.

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 and asserting the authority of the alliance of the people's working powers at the level of the village.

Article 56
The creation of syndicates and unions on a democratic basis is a right guaranteed by law, and should have a moral entity.

Article 59
Safeguarding, consolidating and preserving the socialist gains is a national duty.

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 socialist gains, and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.

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.

Second: Adding a Third Paragraph to Article 5

This amendment is intended to underscore the popular fundamentals of the Egyptian culture, including non-discrimination between citizens on the basis of religion, gender or origin and which was reaffirmed in Article 40 of the Constitution. As such, I am requesting the addition of a third paragraph to this article which would forbid any political activities or the establishment of any political party on the basis of religion, gender or origin. It is inappropriate that a state whose history is characterized by national unity and which boasts of the cohesion of its people should distribute benefits and permit political and national action on any basis other then citizenship exclusively and without discrimination on the basis of religion, gender or origin.

* Texts of articles proposed to be amended:

Article 5
The political system of the Arab Republic of Egypt is a multiparty one, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution (Political parties are regulated by law).

Third: Articles 62 and 94
The diversity of electoral systems around the world is the result of each state's pursuit of a system which is compatible with its political conditions and the status of its electorate and that is open to reform based upon changing circumstances. The current election law will not have these characteristics unless the Constitution is amended.

As such, and with a view to empowering the legislature to devise an electoral system which will permit the greatest representation of political parties in the People's Assembly and the Shura Council, and that will promote women's effective participation in political life and in both houses of parliament, I propose that Article 62 be amended to achieve these ends and permit the legislature to change the electoral system in the future in such a manner as would respond to developments in our society and its conditions. This is in addition to amending Article 94 in line with the amendment to article 62 and the electoral system to be chosen by the legislature.

* Texts of articles proposed to be amended:

Article 62
Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law.

Their participation in public life is a national duty.

Article 94
If the seat of a member becomes vacant before the end of his term, a successor shall be elected or appointed to it, within sixty days from the date of the communication to the Assembly of the occurrence of the vacancy.

The term of the new member shall extend until the end of the term of his predecessor.

Fourth: Article 74
The Constitution provides various safeguards regarding the exercise of authorities under Article 74 of the Constitution when national security is threatened and the institutions of the state are unable to fulfill their constitutional roles.

Nonetheless, I believe that further safeguards are required to govern the exercise of authorities granted under this article. This will be accomplished by stipulating that any threat to national unity or national security or to the ability of the institutions of the state to fulfill their constitutional roles, should constitute a clear and present danger. In such a case, speedy measure must be taken to confront these threats after consultation with the Prime Minister, the presidents of the People's Assembly and the Shura Council. Moreover, while the President exercises his authorities under this article, the People's Assembly shall not be dissolved in consideration of the seriousness of the situation that requires the application of these provisions and consequently consultation is required.

* Texts of articles proposed to be amended:

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, direct a statement to the people and conduct a referendum on these measures within sixty days of its adoption.

Fifth: Article 76 – Paragraphs 3 and 4

My intention when I requested an amendment to Article 76 of the Constitution last year, was to revitalize our political life and strengthen pluralism and political parties, with a view to promoting strong and effective parties that would enrich our political experience. Based on similar objectives, I am requesting amendments to Paragraphs 3 and 4 of Article 76 that take into consideration the realities of these parties and their likely future, and their role as the foundation and engine of our political life. I believe this requires an easing of the permanent presidential candidacy conditions for political parties in such a manner that will preserve the seriousness of candidacy, while also giving parties appropriate opportunities to nominate candidates. As such, and in as much as political parties require a further time to meet the permanent conditions for presidential candidates, I believe that they should be permitted, during this period only, to nominate candidates under less demanding conditions.

* Texts of articles proposed to be amended:

Article 76
The President shall be elected by direct, public, secret ballot. For an applicant to be accepted as a candidate to presidency, he shall be supported by at least 250 elected members of the People's Assembly, the Shura Council and local popular councils on governorate level, provided that those shall include at least 65 members of the People's Assembly, 25 of the Shura Council and ten of every local council in at least 14 governorates.

The number of members of the People's Assembly, the Shura Council and local popular councils on governorate level supporting candidature shall be raised in pro-rata to any increase in the number of any of these councils. In all cases, support may not be given to more than one candidate.

Procedures related to this process shall be regulated by the law.

Political parties, which have been founded at least five years before the starting date of candidature and have been operating uninterruptedly for this period, and whose members have obtained at least 5% of the elected members of both the People's Assembly and the Shura Council, may nominate for presidency a member of their respective upper board, according to their own by-laws, provided he has been a member of such board for at least one consecutive year.

As an exception to the provisions of the fore-mentioned paragraph, any political party may nominate for the first presidential elections, to be conducted following the enactment of this Article, a member of its higher board, established before May 10, 2005 according to its by-law.

Candidature applications shall be submitted to an independent committee, named the Presidential Elections Committee. The committee shall be composed of the head of the Supreme Constitutional Court as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of the head of the Supreme Constitutional Court, the most senior deputy of the head of the Court of Cassation, the most senior deputy of the State Council and five public figures, recognized for impartiality.

Three of the fore-mentioned public figures shall be selected by the People's Assembly and the other two by the Shura Council upon a recommendation of the bureaus of both houses for a period of five years.

The law shall determine who will act on behalf of the chairman or any member of the committee, should there be some reason for their absence.

This committee shall exclusively have the following competences:

1- To declare the initiation of candidature and supervise procedures for declaring the final list of candidates;

2- To generally supervise balloting and vote-counting procedures;

3- To announce elections results;

4- To decide on all appeals, challenges and all matters related to its competences, including conflict of jurisdiction;

5- To draw up by-laws regulating its modus operandi and method of practicing its competences.

The committee's resolutions shall be passed with a majority of at least seven members. Its resolutions shall be final, self-enforcing and incontestable by any means or before any authority whatsoever.

Its resolutions may not be challenged through construing or stay of execution. The law regulating presidential elections shall determine other competences for the committee.

The law shall also determine regulating rules governing the nomination of a candidate to replace another one who has vacated his seat for some reasons other than assignment within the period between the starting date of candidature and before the termination of voting.

Voting shall be conducted in one single day. The presidential elections committee shall establish committees to administer stages of the voting and ballot-counting process. The committee shall establish main committees to be composed of members of the judiciary to supervise the process in accordance with such rules and regulations as may be decided by the committee.

Election of the president shall be declared when candidates have obtained an absolute majority of the number of valid votes. In the event that none of the candidates has obtained such majority, election shall be repeated, at least after seven days, between the two candidates who have obtained the largest number of votes. Should another candidate obtain a number of valid votes equal to those of the second, he shall take part in the re-election. In this case, the candidate who has obtained the largest number of votes will be declared winner.

Voting for electing the president shall be effected, even though one single candidate has applied or even if he was the only candidate remaining due to assignment of the rest of candidates or due to failure to field another candidate in lieu of the one vacating his seat.

In this case, the candidate who has obtained the absolute majority of the number of valid votes shall be declared winner. The law shall regulate procedures to be followed in the event the candidate has failed to obtain this majority.

The President shall submit the draft law regulating the presidential elections to the Supreme Constitutional Court following endorsement by the People's Assembly and before promulgation, to determine compliance with the Constitution.

The Court shall return its ruling in this connection within fifteen days from date of submission thereto. Should the court decide that one or more provisions of the draft law are unconstitutional; the President shall return it to the People's Assembly to put this ruling into effect. In all cases, the court's ruling shall be binding to all parties and all state authorities. The law shall be published in the official gazette within three days from date of issuance.

Sixth: Addition of a new paragraph to Article 78

The addition of a paragraph to this article is intended to end debate over when a presidential term of office begins after the announcement of his election. This is meant to avoid the ambiguity which exists under the current text.

* Texts of articles proposed to be amended:

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.

Seventh: Article 82, 84 the first paragraph and Article 85 the second paragraph.

Articles 82 and article 84 – paragraph 1, and article 85 paragraph 2 define who will assume the powers of the president when he is temporarily or permanently impaired or when he is impeached. These procedures may prove to be impractical in certain circumstances. Therefore, I am requesting an amendment to these articles which will permit the Prime Minister, in the absence of a Vice-President, to assume the powers of the president, with the exception of the right to dissolve the Council of Ministers or the People's Assembly or request an amendment to the Constitution. These powers should not be exercised during the exceptional circumstances addressed by these articles.

* Texts of articles proposed to be amended:

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.

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.

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 take over the Presidency temporarily until the decision concerning the impeachment is taken.

The President of the Republic shall be tried by a special tribunal set up by law. The law shall also organise the trial procedures and define the penalty. If he is found guilty, he shall be relieved of his post, without prejudice to other penalties.

Eighth: Article 88
The credibility and efficacy of the electoral process is an issue of unanimous concern, and we are working to put into place safe guards that will: ensure the ability of the people to effectively express their political will and elect their representatives, permit the greatest number of voters to cast their ballots, and provide for neutral and independent supervision of the electoral process.

As such, I request an amendment to this article that will facilitate the management of the ongoing increase in the size of the electorate, and the concomitant increase in the number of polling stations. It should also provide for an effective system of electoral supervision which guarantees the integrity of the electoral process, and define the scope of supervision by members of the judicial authority over this process. This amendment should also ensure that elections can take place in one day, in order to avoid the problems associated with a drawn out election observed during past experiences.

* Texts of articles proposed to be amended:

Article 88
The necessary conditions stipulated in the members of the People's Assembly shall be defined by 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.

Ninth: Articles 115, 118 (Paragraph 1)

Article 115 prohibits the People’s Assembly from introducing any changes to the General State Budget bill without the ascent of the Government. Based on the approached I have adopted strengthen the role of Parliament in the budget process, and providing the Assembly with the necessary competencies to do so, I am requesting a amendment to this article that will empower the People’s Assembly to amend the draft General State Budget, on the condition that these amendment include safe guards and procedures that will ensure that maintenance of the general balance of revenue and expenditures estimated by the Government.

Furthermore, in order to increase the time available to the People’s Assembly to debate the budget before the start of the financial year, the amendment should also include an increase in the time span allotted for the Assembly’s budget discussions which is currently 2 months.

Moreover, to serve the same purpose, I am requesting an amendment to Article 18 Paragraph 1 decreasing the time limit for the presentation of the Government’s final account that starts with the end of the financial year. Currently, this article grants the government 1 year to present its final account. This long period delays parliamentary oversight on the Government’s implementation of the State budget.

* Texts of articles proposed to be amended:

Article 115
The draft general budget shall be submitted to the People's Assembly at least two 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 and shall be promulgated by a law.

The people's Assembly may not effect any modification in the draft budget except with the approval of the government.

In case the ratification of the new budget does not take place before the beginning of the fiscal year, the old budget shall be acted on pending such ratification. The manner of the preparation of the budget as well as the determination of the fiscal year shall be determined by law. Article 118 The final account of the State budget shall be submitted to the people's Assembly within a period not exceeding one year 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.

Tenth: Articles 127, 133, 136 paragraphs 1, 194, and 195:

In furtherance of the implementation of my electoral platform with regards to strengthening Parliament and increasing the efficacy of its legislative and supervisory role, I am requesting an amendments to articles 127,133, 136 Paragraph 1, 194, and 195.

The amendment to Article 127 is intended to ease the procedures for establishing or withdrawing confidence from the Prime Minister in order to increase the role of the People’s Assembly in this process without the need for a referendum. The amendment requested will require that the People’s Assembly pass a resolution of withdrawal of confidence to obligate the Government to offer its resignation. Furthermore, acceptance of the Government’s resignation and any further vote of confidence would be concluded during the same parliamentary session through procedures that will safe guard the balance of authority between the executive and legislative branches. With regard to Article 122, the objective is strengthen the role of the People’s Assembly by giving it the right to give or refuse confidence in the Government selected by the President. This will be achieved by reacquiring the Prime Minister to present, shortly after the formation of the Government, the Government’s program to the People’s Assembly for approval or rejection. Furthermore, the article should provide constitutional rules regarding the consequences of the Assembly’s refusal of the Government’s program. Nonetheless, this amendment should not prevent the Prime Minister, Government Ministers or other Government officials from exercising their right to make statements and express opinions before the Assembly or any of its committees regarding issues within their competence.

Regarding Article 136 Paragraph 1, is intended give the right to the President to dissolve parliament without the need for a referendum. This right is in line with procedures related to dissolving the Shura Council which do not require a referendum and the new procedures suggested with relation to withdrawing confidence from the Prime Minister. Moreover, in order to ensure supremacy of the people’s right to choose their representatives, I believe that if the Assembly is dissolved for a particular reason, that self-same reason should not justify a later dissolution of the assembly.

With regards to Articles 194 and 195, the amendments are intended to give the Shoura Council legislative competencies. These two articles limit the Council’s role to non-binding advisory opinions on certain legislative issues. Actual practice has revealed the importance of the Council’s role in the legislative process, and consequently the need to entrench that role in the Constitution. As such, I am requesting amendments to these two articles that would grant the Council the right of ascent on certain issues that related to the competencies currently outlined for the Council in the constitution, while its opinion will be continue to be non-binding in regards to its remaining competencies. These amendments will also establish procedures for resolving any disagreements that might arise between the People’s Assembly and the Shura Council on in issues where the later will have right of ascent.

* Texts of articles proposed to be amended:

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 return such a report to the Assembly within ten days.

If the Assembly ratifies it once again, the President of the Republic may put the subject of discord to a referendum. Such a referendum shall take place within thirty days from the date of the last ratification of the assembly, in which case the assembly sessions shall be terminated.

If the result of the referendum is in support of the government, the Assembly shall be considered dissolved, otherwise the President of the Republic shall accept the resignation of the council of Ministries.

Article 133
After the formation of the Cabinet and at the inaugural meeting of the ordinary session of the People's Assembly, the Prime Minister shall submit the programme of the government.

The People's Assembly is entitled to discuss such programme.

Article 136
The President of the Republic shall not dissolve the People's Assembly unless it is necessary and after a referendum of the people.

The President of the Republic shall issue a decision terminating the sessions of the Assembly and conducting a referendum within thirty days.

If the total majority of the voters approve the dissolution of the Assembly, the President of the Republic shall issue 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.

Article 194
The Shoura Assembly is concerned with the study and proposal of what it deems necessary to preserve the principles of the July 23, 1952 Revolution and the May 15, 1971 Revolution, to consolidate national unity and social peace, to protect the alliance of the working forces of the people and the socialist gains as well as the basic components of society, its supreme values, its rights and liberties and its public duties, and to entrench the democratic socialist system and widen its scope.

Article 195
The Shoura Assembly shall be consulted in the following:

1- Proposals for the amendment for one or more articles of the Constitution.

2- Draft laws complementary to the Constitution.

3- Draft of the general plan for social and economic development.

4- Peace treaties, alliances and all treaties affecting the territorial integrity of the State or those concerning sovereignty rights.

5- Draft laws referred to the Assembly by the President of the Republic.

6- Whatever matters referred to the Assembly 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.

Eleventh: Adding a second paragraph to articles 138 and 141:

In furtherance of the implementation of my electoral platform with regards to strengthening the role of the Council of Ministers, I am requesting the addition of a second paragraph to Article 138. This new paragraph will expand the competences of the Council beyond those defined in paragraph 1 concerning the Council’s joint role with the President in defining the general policies of the state and oversight of their implementation, and in addition to the further powers I referred to regarding the Prime Minister’s role in the President’s exercise of authority under Article 74. The effect of these amendments will be that the President’s exercise of his authorities under Articles 108,144,145,146,147,148, and 151 Paragraph 2 will be subject to the ascent of the Council of Minister’s in certain cases and consultation with the Council in others.

To achieve this goal I am requesting an amendment to Article 141 which will permit the Prime Minister to participate in the appointment and dismissal of deputy prime ministers, and government ministers and their deputies.

* Texts of articles proposed to be amended:

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.

Article 141
The President of the Republic shall appoint the Prime Minister, his deputies, the Ministers and their deputies and relieve them of their posts.

Twelfth: Adding a second paragraph to Article 161

This amendment is indented to enhance our system of local administration and strengthen its executive authorities with a view to achieving effective decentralization and granting localities a genuine role in the administration of their affairs.

* Texts of articles proposed to be amended:

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.

Thirteenth: Article 173 and Chapter 6, Article 179

In order to enhance the independence of the Judicial Authority, I am requesting an amendment to Article 173 so as to constitutionally emphasize the independence of every judicial agency in the administration of its own affairs. Furthermore, to deal with matters of common concern or that require coordination a council to be composed of the heads of judicial agencies, and chaired by the President would be formed and would be substitute for the Supreme Council provided for in Article 173. To the same end, I request the annulling Chapter six and Article 179 included therein. This will dissolve the office of Socialist Prosecutor General.

Accordingly, the Court of Ethics would be consequently cancelled. The competencies entrusted to both would be devolved to other judicial bodies after having fulfilled their role in protecting the national economy at an earlier phase that required their existence. Fourteenth: Adding provisions to the Constitution to protect the State from terrorism.

* Texts of articles proposed to be amended:

Article 173
A Supreme Council, presided over by the President of the Republic, shall supervise the affairs of the judiciary organisations.

The law shall prescribe its formation, its competences, and its rules of action. It shall be consulted with regard to draft laws organising the affairs of the judiciary organisations.

Article 179
The Socialist Public Prosecutor shall be responsible for taking the procedures which secure the people's rights, the safety of the society and its political system, the preservation of the socialist achievements, and commitment to the socialist behaviour.

The law shall define his other competencies.

He shall be subject to the control the People's Assembly in accordance to what is prescribed by law.

Fourteenth: Adding a text to regulate protection of the state from terrorism

In order to establish a legal framework to combat and uproot terrorism, and to act as a legislative alternative to the state of emergency, requires constitutional provisions. These provisions should permit the legislature to enact special measures for combating terrorism in manner based on the accepted and common elements of terrorism legislation adopted by government around the world.

Therefore, the President requested an amendment to the title of Chapter 6 of the Constitution and new provisions to substitute the text of Article 179.These new provisions should prevent Articles 41 Paragraph1, 44, and 45 Paragraph 2 from limiting the legislature’s ability to pass legislation to confront the real and substantial threat of terrorism. Concomitantly any special legislation must also provide for and underscore judicial oversight of over such measures guarantee the ability to firmly confront the threat of terrorism repel any aggression respond to any unjustified infringement of human rights and provide for swift judicial decisions in terrorism trials.

Fifteenth: Article 205
This article defines which provisions of the Constitution apply to the Shura Council and in light of the amendments that have been addressed, I am requesting an amendement o this article which will bring it in line with the aforementioned changes by adding Articles 62 and 88 Paragraph 2 to its text.

* Texts of articles proposed to be amended:

Article 205
The following articles of the Constitution shall apply to the Shura Assembly:

(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 Assembly and its President shall exercise the competencies specified in the aforementioned articles.