The Constitution of the Arab Republic of Egypt is the fundamental law of Egypt . She replaced the Provisional Constitution of Egypt 2011, adopted after the revolution in Egypt . On December 1, 2012, President Mohammed Mursi announced that the draft constitution would be submitted to a referendum on December 15 [1] [2] .
The constitution and the circumstances of its adoption were criticized by the Egyptian opposition and numerous protests . Before the referendum, the opposition accused Mursi and the Muslim Brotherhood of usurping power and demanded the resignation of Mursi. [3] After the referendum, allegations of falsification of his results appeared, but Mursi signed the Constitution on the basis of his results.
Content
Contents
In general
Under the new Constitution, the president ceases to be an omnipotent figure and a strong parliament is established. It contains provisions aimed at prohibiting torture and detention without trial. However, it also gives Egyptian generals more power and privileges than they had under the reign of Hosni Mubarak [4] .
At the same time, the new fundamental law provided opportunities for the construction of an Islamic state. The rights and freedoms of citizens were interpreted as “the commandments of Allah,” and not as an absolute human right. The Constitution introduced the institution of the theological interpretation of legal norms related to Sharia, and enshrined the right of interpretation for the mosque and Al-Azhar University, and the position of Sheikh Al-Azhar was declared independent of state authorities and could not be liquidated. [five]
Certain Provisions
Rights Protection
Article 81 states that no law can limit the essence of the rights and freedoms enshrined in the constitution, but states that “these rights and freedoms are exercised insofar as they do not contradict the principles set forth in the chapter on the state and society in this constitution”. The provisions in this chapter include article 10, which states that “the state and society should be entrusted with the conservation of the true nature of the Egyptian family,” and article 11, which states that “the state stands for the protection of ethics, morality, and public order ” [6] .
Freedom of Speech
Article 45 protects freedom of speech without specifying what legal restrictions are permissible and how to balance this right with article 31, which states that “individuals cannot be offended,” and article 44 prohibits “insulting the prophets” [6] .
Religious Freedom
Freedom of religion is guaranteed only to believers of any of the three Abrahamic religions - Islam , Christianity and Judaism [4] . More specifically, article 43 on religious freedom gives the right to practice religion and establishes places of worship for Muslims, Christians and Jews, but excludes followers of other religions, including Egyptian Bahá'ís , as well as unbelievers [6] .
Notes
- ↑ Egypt's draft constitution approved by Islamist-dominated assembly . The Guardian (November 30, 2012). Date of treatment December 1, 2012. Archived January 25, 2013.
- ↑ Egypt to hold December referendum on new constitution . BBC News (December 1, 2012). Date of treatment December 1, 2012. Archived January 25, 2013.
- ↑ Pittsburgh Post-Gazette
- ↑ 1 2 Kirkpatrick, David D .. Egyptian Islamists Approve Draft Constitution Despite Objections (English) (November 29, 2012).
- ↑ M.A. Sapronova. FEATURES OF CONSTITUTIONAL CONSTRUCTION IN TUNISIA AND EGYPT AFTER “ARAB SPRING”
- ↑ 1 2 3 Egypt: New Constitution Mixed on Support of Rights Draft Adopted Without Consensus Amid Political Crisis . Human Rights Watch (November 30, 2012). Archived January 25, 2013.