Official Gazette – Issue No. 9 (bis) March 1, 2015
5
governorate, shall be determined according to the attached tables, taking into
consideration fair representation of population, governorates and voters.”
Whereas the State Lawsuit Authority objected to the acceptance of the lawsuit on the
grounds of the two following justifications: 1) there is no connection between the
subject matter of the constitutional lawsuit and the demands raised before the Court.
In addition, the plaintiff did not submit any document proving that they ran for the
elections of the House of Representatives (HoR), hence they are not covered by the
provisions of the contested law in the first place; and 2) The plaintiff brought the
present lawsuit to the Court and requested that the said law be deemed entirely
unconstitutional without determining which legislative provisions violate the
Constitution. Hence, such lawsuit is incomplete since it does not mean the
requirements laid down by Article (30) of the Supreme Constitutional Court Law No.
48/1979 (SCC Law).
Whereas a party shall only be deemed to have a direct personal interest in the
constitutional lawsuit if their interests are linked to the interest inherent in the subject
matter of the lawsuit, such that the ruling on the constitutional matter shall be of an
impact on the demands raised in connection thereto before the Court. Such concept
may only apply if two requirements are met as follows: 1) the plaintiff shall, within
the limits of their objection against the contested provision, present evidence proving
that a serious harm was inflicted upon them, rather than an imaginary, theoretical, or
unknown harm; 2) Such harm shall be attributable to the contested legislative
provision, i.e. there must be a cause-effect relationship between the harm and the said
provision. Hence, if such provision does not even apply to the party claiming that
such provision violates the Constitution, or if such party is not covered by such
provision or is not affected by the alleged denial of certain rights, that shall mean that
such party has no direct personal interest since the annulment of the legislative
provision, in any and all forms, will not result in any real benefit to the plaintiff and
will not change their legal status regardless of the content of the ruling issued on the
lawsuit.
Whereas the judicial control exercised by the SCC over the constitutionality of laws
and regulations is mostly, and above all, about lawfulness, and the foundations of
such lawfulness shall be laid down and further instilled with each passing day and
year. Even though the SCC, together with all State authorities, are responsible for
enhancing the constitutional foundations upon which such legitimacy rests, this
responsibility shall also be borne by each citizen since such legitimacy ensures the
safety and security of citizens and help them fulfill their high aspirations, hence
bringing about benefits to all citizens and their families and serving the interests of the
entire Egyptian society.
Whereas the present 2014 Constitution lays great importance on the notion of
“citizenship”, emphasizing in its first article that the democratic republican system is
based on citizenship and rule of law and affirming in its fourth article that
“Sovereignty belongs only to the people who shall exercise and protect it. The people
are the source of powers, and safeguard their national unity that is based on the
principles of equality, justice and equal opportunities among all citizens”. Whereas
Constitutional Article (87) states that the “participation of citizens in the public life is
a national duty and says that every citizen has the right to vote, run for elections, and