|
Vision of the Free Social Constitutional Party on constitutional amendments
In recent years, Egypt witnessed a wide political move which resulted in the establishment of the Free Social Constitutional Party (FSCP) in November 2004. The FSCP launched a strategic and transitional vision for a comprehensive reform, stressing that the right start for doing so is the political and the constitutional reform which fixes the pillars of a modern and up-to-date constitutional civil state. This is to ensure the real stability and the free normal life as well as the equal rights of all citizen. It also paves the way before the comprehensive development and prosperity for all citizens.
The constitutional amendments proposed by President Mubarak are the major ones in the history of Egypt. Hence,they should improve the balance between the Three Powers an order to limit the control of the Executive over the Legislative and the Judicial. This is plus giving the prime minister a greater role in participation with the president in the making of the country's decisions; besides taking the decisions necessary in case of a grave danger which requires a quick intervention on the part of the president, let alone confirming the prime minister's right to choose his deputies and ministers.
The new amendments should empower the Legislative, as represented in the People's Assembly (PA) and the Shura Council, with additional rights by increasing the PA supervision over the government in order to achieve the balance between its powers and that of the Executive. According to the proposed amendments, the PA would have the right for the first time to withdraw confidence from the government. The PA has also the right to amend the general budget of the State without condition of the agreement of the government besides rejecting the statement of the government or requesting its amendment.
The Shura Council would be given a legislative competency to limit the control of the Executive over the other powers. This is plus annulling the Socialist Public Prosecution Body and the Court of Values to promote the Judicial and the respect of human rights which stipulate that the citizen is to be judged only before his natural judge.
The FSCP believes that the essence of the democratic system is holding free and fair elections. This is to go in line with selection the best electoral system which ensures the fairness of elections and the right of the people to express their political will, choose their representatives and change the government in light of the principle of the rotation of power.
Given that the one-day elections cannot take place under the full supervision of the judiciary, it is necessary to seek an alternative electoral system which provides for an independent and impartial supervision on the parliamentary elections. The solution may lie in establishing a permanent national body to supervise the parliamentary and the presidential elections.
This is plus giving the would-be body the competencies necessary for following up and implementing its decisions regarding the electoral process. The would-be body should have an independent budget and police which enjoys judicial arrest competency in order to follow up the electoral crimes and arrest their perpetrators.
The proposed amendments constitute a chance that should not be missed in order to help re-coin the philosophy of the rule for the re-establishment of the up-to-date civil state. This is plus specifying its identity, namely a democratic country whose legitimacy emanates from the people and the votes of electors.
This is to maintain the public freedoms, civil rights, social and political rights of the citizens under no discrimination because of religion, creed, color, sex in the context of a fair law, independent judiciary and free press.
One of the bases of building the civil state is to maintain the right of citizenship for all citizens without discrimination and to safguard the public freedoms for all. This is to coin a constitution, serving as a socio-political document to regulate the relation between the State and the citizens and maintain the right of citizenship. This is plus ensuring the multi-party political system and the rotation of power via free and fair elections under the supervision of the elected parliament and the free press as well as the independent civil society institutions.
The proposed constitutional amendments should place us on the right track toward the comprehensive development. The new amendments should participate in establishing the up-to-date State based on pluralism, societal dialogue and the rotation of power. Hence, the FSCP calls for the necessity not to specify an economic system for the State in the constitution so that the texts of the constitution would go in line with the contemporary economic condition.
The constitution should, however, allow for the lawmaker to choose the electoral system realizing the best democratic representation. This is to help enable women and Copts to have the appropriate representation in the parliament. The FSCP has some reservations over keeping the ratio of representation of workers and farmersin the Parliament . This is plus maintaining the notion of the social justice even after annulling the Socialist Public Prosecutor and reconsidering the performance of the Political Affairs Committee.
The FSCP sees that the articles of 76, 77 and 88 are the core of the constitutional and political reform. Concerning Article 76, the party sees that it should be re-amended so that the conditions for running for the presidency can ensure the seriousness of the nomination and not to be restrictive. This is plus restoring the text of Article 77 of the constitution before its amendment in 1980 so that the President of the Pepublic can re-run for only one more term.
The FSCP calls for keeping Article 88 of the constitution and rejects any attempt to annul the judicial supervision over the elections but within the proposal of the permanent national elections body which may comprise the judges of the Supreme courts.
The party also sees that adopting the unconditioned relative slate system is so necessary in the coming phase. This is to enrich the political practice, boost the partisan pluralism and end the absence of wide sectors of the citizens in the electoral and the political participation.
|