14
Official Gazette – Issue No. 9 (bis) March 1, 2015
Article (2) of the Presidential Decree Law #202/2014 on the Division of the House of
Representatives Elections Constituencies states that “the Arab Republic of Egypt shall
be divided into 237 election constituencies for election according to the individual
election system, as well as being divided into four election constituencies for the list
election system”.
Article (3) states that “the scope and components of each election constituency, and
the number of seats allocated to each constituency, as well as to each governorate,
shall be determined according to the attached tables in a way that observes the fair
representation of the population, of governorates, as well as the equitable
representation of voters.”
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 Article (25) of the Law Regulating the Exercise of Political Rights addresses
candidates, and the plaintiff had not acquired this capacity yet, thus the plaintiff has
no direct and personal interest in challenging it, which dictates the decision to refuse
this aspect of the lawsuit.
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
express his/her opinion in referendums. To do so, the State shall enter the name of
each citizen in the voters’ database without request therefrom provided that he/she
satisfies the conditions for voting.”
Based on the above, and in light of Article (87) which states that “the State shall enter
the name of each citizen in the voters’ database without request therefrom provided
that he/she satisfies the conditions for voting”, the plaintiff is an eligible voter since
he is a citizen and the papers constituting the present lawsuit do not, in any way,