Official Gazette – Issue No. 7 (bis) February 18, 2013
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Court
Having reviewed the Constitution and the presented draft law and after deliberation;
Whereas article (177) of the Constitution promulgated in December 2012 stipulates
that “The President of the Republic or the House of Representatives shall present draft
laws governing the exercise of political rights as well as presidential, legislative and
local elections before the Supreme Constitutional Court, to determine their
compliance with the Constitution prior to dissemination.
The Court shall reach a decision in this regard within 45 days from the date the matter
is presented before it; otherwise, the proposed law shall be considered approved.
If the Court deems one or more parts of the text non-compliant with the provisions of
the Constitution, decision thereof shall be implemented.
The laws referred to in the first paragraph are not subject to the subsequent control
stipulated in Article (175) of the Constitution”.
Whereas the aforementioned text determines the bodies which have the right to
present draft laws regulating the exercise of political rights as well as presidential,
legislative, and local elections to the Supreme Constitutional Court to apply precontrol procedures thereto; and whereas it stipulates that only two bodies are entitled
to do such, namely: President of the Republic and the House of Representatives; thus,
the presented draft law was supposed to be presented to the stated court by one of
these two bodies. However, since Article (230), Section (3), Chapter (5), of the
Constitution, which includes Final and Transitional Provisions, says that “The
existing Shura Council, in current formation thereof, shall assume full legislative
authority starting the date on which the constitution comes into force until the new
House of Representatives is formed.……….”. This means that the Shura Council
shall undertake full legislative authority during the transitional period which starts
from the date on which the Constitution comes into effect until the new House of
Representatives is formed. Based on that, the stated Court decided to accept the
submitted request.
Whereas this court, in reviewing the draft law hereof, asserts that pre-control
procedures thereof are limited to comparing the draft law with the Constitution to
determine whether or not it conforms to provisions thereof. Hence, the following are
excluded from the scope of the said control:
1. Reviewing the legal wording of the draft law.
2. Examining whether the provisions of the draft law are contradictory or
contradict other legal texts, unless such contradiction is not deemed as a
constitutional violation.
3. Determining the conformity of some of the provisions included in the draft
law, since such matter falls within the legislator authority.
Having reviewed the present draft law, the Court hereby concludes the following:
I: Article (2) replaced by Article (1) of the draft law says: "In applying the provisions
of the present law, the word “farmer" refers to anyone who has taken agriculture as a