Official Gazette – Issue No. 9 (bis) March 1, 2015
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legitimate outcomes. Once evidence has been established that the legal text is separate
from its aims, or the link between the means and objectives is poor, discrimination in
such a case becomes arbitrary, constitutes an injustice and is constitutionally
illegitimate.
Whereas such regulation uphold, rather than undermine, the principle of equality
through introducing legislative regulations linking certain legal provisions to the
desired legitimate outcomes; and whereas the explanatory note attached to the
aforementioned Presidential Decree Law #202/2014 provides the objective
justifications which led the legislator to ensure that the representation of border
governorates in the HoR reflects the geographical importance thereof since such
governorates serve as a national security fence and the first line of defense protecting
the security of the country and citizens. Hence, such governorates are entitled to be an
exception to the rule of the fair representation of voters, since, even though such
exception entails a relative discrimination among the citizens of such governorates
and their peer citizens in other governorates, it can still be an objective basis for
dismissing all accusations alleging the presence of arbitral discrimination in the
constituencies of such governorates. Hence, such discrimination, which is based on an
objective foundation, is justifiable and shows that the division of the constituencies
located within border governorates does not violate the principles of equal
opportunities and equal voting rights.
Whereas the right to vote is a public right guaranteed to each citizen as stated in
Article (87) of the Constitution, and the exercise thereof by citizens is also
emphasized by the Constitution to ensure their contribution to the selection of their
leaders and representatives who shall assume the responsibility of managing the
affairs of the State and pursue public interest. Furthermore, the rights to elect and be
elected in particular are considered complementary to each other, and no
parliamentary life can thrive in the absence thereof, nor can public sovereignty be
fully established whenever these rights are stripped of their essence in a manner
preventing serious and effective exercise thereof. Therefore, such rights are of
absolute importance to establish democracy in the manner described in the
Constitution. To ensure that parliamentary councils constitute a true and honest
representation of the public will, the provisions of Article (87) do not only emphasize
each citizen's rights to elect, be elected and vote in referenda, but also the fact that
citizens' participation in public life through exercising said rights is considered a
national duty which they are required to perform, since the exercise of such rights is
closely related to public sovereignty, a main component of all structures which rely on
the will of the electorate. Since the Constitution entitled the legislator, as stated in the
aforementioned article, to regulate the exercise of the aforesaid political rights, said
legislator shall regulate these rights in a manner that would not restrict or undermine
them. Moreover, a legislator shall, when regulating the exercise of said rights, lay
down relevant rules which are nondiscriminatory, as such is prohibited by the
Constitution, or contradictory to the principle of equal opportunity which the State
applies to all citizens of different legal statuses. Generally speaking, the regulation of
said rights by legislator shall not be contradictory to any of the Constitution's
provisions and shall ensure that the voters' right to vote has no restrictions which
could lead to the tampering, alternation and disproportionate impact of the votes
thereof.