Official Gazette, Issue 24 App. (a) on 14 June 2012
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stemming from the adoption of unjust positions that would give rise to malevolence or
hate that would disrupt its behavioral standards, nor an aggression denoting the power
of its authority. Its position shall be moderate in dealing with the citizens, not
discriminating between them forcibly or abusively. Consequently, it is permissible
that the legislative authority would diverge from – according to logical standards –
positions where facts are dissimilar or vary between themselves in the bases on which
they are founded, provided that the differences between them are authentic and not
artificial or imaginary. The guardian of the principle of equality, which does not
undermine its significance, is the organization that establishes a legislative division
where the legal provisions it contains are related to the legitimate intentions sought. If
dissociation between those provisions and their goals is established, the discrimination
shall be an uncontemplated slip. So shall be the case if the relation between the means
and the intentions was weak, where the discrimination shall be considered based on
facts that cannot be taken into consideration, making it invalid constitutionally.
Whereas the core of the principle of equal opportunity, which derives from the
principle of equality and is considered one of its elements, is related – as established
in the administration of justice in this court - to the chances which the State
undertakes to make available, and it implementation takes place when it is contested,
and the constitutional protection of these opportunities aims to establish a priority
that is determined according to subjective foundations required by public interest.
Whereas it is established that the political system in the Arab Republic of Egypt shall
be a multi-party system – in light of the 1971 Constitution, and confirmed by Article 4
of the Constitutional Declaration. This multiplicity aims primarily to deepen
democracy and establish its foundations within the framework of the right to
candidacy and suffrage, which are considered a primary portal and base for it, thus
were guaranteed by the Constitutional Declaration to all citizens who hold public
sovereignty in accordance with the provisions of Article 3 of the Constitutional
Declaration, and exercise it according to the means indicated in that Declaration.
There is no proof of this stronger than the fact that multi-parties is what carries
between its folds a system in which opinions disagree or agree, while national interest
remains its frame, measure for evaluation, and regulator of their activity. Hence,
multi-parties was not a mean adopted by the constitutional legislature to replace one
dominance with another, but was considered a straight path for national action
through the democracy of the dialogue within which opinions are numerous and
varied, with the role played by political parties connected in the end to the wish of the
voters in all their different congregations. It is a wish which manifests through their
free election of their representatives for parliament, and by the weight they provide by
their votes to those competing for the seats.
This is what the Constitutional Declaration was keen to ensure, guarantee suffrage and
the right candidacy, and make them equal in exercising those two rights. It did not
permit discriminating between them in the bases on which they exercised, nor did it
give preference to some citizens over others in any issue related to them. It granted
these two rights to the citizens - who meet the conditions set for that – regardless of
their varied affiliations and political opinions, in order to guarantee that national
actions remained collective, with no preference of some citizens over others. Through
this collaborative effort in building notional actions, political parties shall work with
those not affiliated to them, in order to establish the foundations of these actions,