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Official Gazette – Issue No. 9 (bis) March 1, 2015
executive authorities to implement their legislative competence stipulated by the
Constitution in default of equal protection of rights for all, whether stipulated or not
by Law. It takes into account that equal protection before the Law as stipulated by the
Constitution is not regarded as an absolute concept. It regards the Law as an
expression of a specific policy instituted by the statuses imposed by its problems. It
enriches itself with content that guarantees self-achievement of its aims through
mechanisms it has adequately determined. The variability of Law in different
situations, statuses or individuals is not a challenge of the reality between them. Its
evaluation is based on objective principles and is inspired by objectives bearing no
doubt on their legality. It ensures the unity of the legal basis concerning individuals
with similar circumstances and not exceeding its requirements. The law falls within
the framework of the legislator’s authority and is, therefore, not subject to any
suspicion. The law comprises an understandable discrimination, which does not
affect its constitutional right-to-be of equality that it favors and thrives to apply as
perfectly as possible, without any enforcement affecting its standpoint or representing
a breach.
The legislator enjoys a virtual authority on the choice of electoral system, according
to Article (102) of the Constitution. Yet, this authority is not absolute, and is bound
by limitations and guidelines set by the Constitution, the respect of rights and
freedoms it pledges to guarantee, enabling public duties and their practice without
limitation or burdens likely to affect them or any of their components. Among the
limitations and guidelines is Article (102) of the Constitution, which legislators must
take into account on determining and dividing conscriptions without neglecting any
governorate or human settlements. This is done in accordance to terms and conditions
laid out by the legislator and Constitutional guidelines, and may not affect statutory
rights in any way. Furthermore, a balanced representation of voters has to be
respected in order for an MP in any particular conscription to represent the same
number of voters as in any other conscription. This is not meant to be an absolute
arithmetic equality in every conscription, but the differences in numbers and the mean
of all represented by an MP at the country level should be acceptable – whenever
possible. Such provision should also respect Article (4) of the HoR Law, Articles (2)
and (3) of Law 202/2014 – within its range of application – and the table of list
conscriptions. The Arab Republic of Egypt is divided into 4 conscriptions, of which
two are allocated 45 seats: the first 45-seat conscription of Cairo and mid- and
southern Delta covers 6 governorates and 21’280’268 voters over a population of
31’826’460 inhabitants. The second covers 11 governorates of northern and midUpper Egypt, with 19’715’314 voters over a population of 33’321’638 inhabitants.
The other two 15-seat conscriptions are as follows: the Eastern Delta conscription
covers 7 governorates with 6’729’018 voters over a population of 10’747’074
inhabitants, and the Western Delta conscription covers 3 governorates with 7’309’449
voters over a population of 10’918’551 inhabitants. Article (4) of the HoR Law
stipulates that the number of MPs elected for each conscription should be proportional
to the number of voters and inhabitants. It also stipulates that the number of voters
should be a fair representation of the respective population and governorates. The
rules thus laid are in harmony with the constitutional guidelines for the number of
seats per governorate. We are thus aware that the plaintiff of non-commitment to
principles of justice, equality and equal opportunity in such legal provision is
unfounded. Consequently, no conflict exists between these provisions and the
Constitution and the Court is called upon to dismiss the case within such context.