candidates to contest the party list seats.28 It is also possible that a completely different electoral system will be developed, although this would require a new political consensus built around that new system. This would be a large undertaking in a short time period with significant political ramifications. In either case, to minimize the risk of further constitutional challenges after the next parliamentary elections, the SCAF may consider referring the draft parliamentary electoral law to the SCC for a decision on its constitutionality, in a similar way to that provided in Article 28 of the March 2011 Constitutional Declaration concerning the presidential election law. The SCC’s Judgment on the Political Isolation Law The SCC also ruled on the challenge to the constitutionality of the Political Isolation Law on June 14, 2012 – two days before the start of the second round of the presidential election. The SCC concluded that the law was unconstitutional for several reasons. The SCC formed its decision on the basis that the Constitutional Declaration of March 30, 2011, is “the constitutional document governing the affairs of the country during the transitional period through which the country is currently passing after the suspension of the provisions of the Constitution of 1971.” The SCC stated that the Political Isolation Law violated several tenets of equality and ignored the role of the existing legal process. Specifically, it imposed a penalty without a legal verdict, contrary to Article 19 of the Constitutional Declaration. Second, the suspension of political rights for those who held the specified offices in the 10 years prior to February 11, 2011, was contrary to Article 1 of the Constitutional Declaration, which states that Egypt is a “democratic state based on citizenship” and to the principle of equality before the law stated in Article 7 of the declaration. Additionally, the retrospective penalty imposed by the Political Isolation Law is based on the holding of an office, not on proof that the person holding that office “took any action or course of behavior that merits this penalty.” As a result of these defects, the SCC concluded that the Political Isolation Law was unconstitutional. It is also worth noting that the SCC strongly criticized the PA as tarnished “with the disgrace of legislative distortion,” since it was aware of the unconstitutionality of the Political Isolation Law even as the law was passed. Implications of the SCC’s Judgment The SCC’s decision invalidating the Political Isolation Law did not have any effect on the 2012 presidential election, since Ahmed Shafiq, former prime minister under President Mubarak, had been allowed to continue his candidacy and participate in the run-off election. According to Article 29 of the March 2011 Constitutional Declaration, the term of office for newly-elected President Morsi is four years. During his term of office, a new constitution will be drafted and put to the people for approval in a referendum. The decision regarding whether the country should retain a presidential system is currently being debated within the Constituent Assembly.29 If a presidential political system is retained, it is possible a different presidential electoral system could be included in the new constitution.30 If no change is 28 The SCC’s judgment stated “…necessitate one legal treatment for all candidates, on the basis of equal opportunities for all, with no discriminating based on party affiliation.” 29 “System building.” Al-Ahram Weekly Online. Issue 1105. July 5-11, 2012. http://weekly.ahram.org.eg/2012/1105/eg3.htm 30 On August 6, Constituent Assembly Member Abu Ela Madi said that the upcoming constitution would adopt a semipresidential system, which would divide authority between the president, government and parliament. “Abul-Ela Madi: Semi-presidential system to be adopted in upcoming constitution.” Ahram Online. August 5, 2012. http://english.ahram.org.eg/News/49589.aspx IFES Page 9 of 18