constitutionality of the PA elections. At the time of writing, it remains unclear when the Supreme Administrative Court is due to rule on these challenges.20 If the court upholds these challenges to the Constituent Assembly, it is likely the SCAF will appoint a new Constituent Assembly under Article 60(B) of the addendum to the March 2011 Constitutional Declaration. However, with the July 30 decision to delay a ruling until September 24 if not later, the Constituent Assembly is continuing to work on drafting a new constitution. Questions have been raised over the possibility that if a draft constitution is written by the current Constituent Assembly prior to any ruling on its formation, then the document may also be annulled if the court dissolves the body.21 The likely effects on the completion of a new constitution and the subsequent referendum and parliamentary elections are discussed below. Implications of the SCC’s Judgment and the SCAF’s Response Status of the People’s Assembly Although the SCC ruled that the formation of the PA was “null and void,” the Freedom and Justice Party filed a legal challenge to the dissolution, arguing that the PA can only be dissolved following a referendum, as was done in 1987 and 1990.22 The status of the PA was addressed in a decree issued by President Morsi on July 8, in which he withdrew the SCAF’s decree of June 15 dissolving the PA and ordered the PA to reconvene “and exercise its powers as provided for in Article 33 of the Constitutional Declaration issued on March 30, 2011,” thus returning legislative power to the PA.23 The PA met briefly on July 10 and agreed to refer the SCC’s decision that the election law was unconstitutional to the Appeal Court.24 However, the same day, the SCC issued a ruling suspending President Morsi’s decree.25 The State Council’s Administrative Court ruled that it does not have the jurisdiction to consider the president’s decision to reinstate the PA, and referred appeals regarding the dissolution of PA to the SCC, but called on the State Commissioner’s Authority to prepare a report on the case to help them reach a decision.26 Unless the Supreme Administrative Court finds that the SCC did not have the power to order the PA to be dissolved, it seems likely the whole PA will remain dissolved. While President Morsi has since said he would respect the court’s ruling and not reconvene the assembly, lawsuits against his decision had already been filed. The Effect of the SCC’s Decision on the Shura Council The SCC’s decision dealt only with a challenge to the validity of the PA elections, and the court does not explicitly make any finding about the 2012 elections for the SC. However, the Supreme 20 Originally the court was to make the ruling on June 26, but postponed the decision to September 4 to hear the government’s account. However, the court chose to move the date of the trial to July 17 to combine the lawsuit with another case filed against the legality of the body. On July 19, the court received a request that the judges making up the panel recuse themselves from the case. A decision on that request was scheduled to be made on July 30, but has since been delayed until September 24. If the panel is recused it will take up to a month to form a new one. At the time of writing, it is unclear when this case on the Constituent Assembly will be heard. 21 “Questions loom over Constituent Assembly.” Al-Masry Al-Youm. July 3, 2012. http://www.egyptindependent.com/print/961141 22 “Brotherhood challenges court’s dissolution of Parliament.” Egypt Independent. June 16, 2012. http://www.egyptindependent.com/news/brotherhood-challenges-courts-dissolution-parliament 23 “Presentation and full English text of Morsi’s decree re-establishing Parliament.” Ahram Online. July 9, 2012. http://english.ahram.org.eg/News/47250.aspx 24 “Egypt People’s Assembly refers own fate back to the Judiciary.” Ahram Online. July 10, 2012. http://english.ahram.org.eg/News/47308.aspx 25 “Updated: Egypt’s constitutional court suspends presidential decree restoring Pople’s Assembly.” Ahram Online. July 10, 2012. http://english.ahram.org.eg/News/47379.aspx 26 “Administrative court recuses itself from controversial cases.” Egypt Independent. July 19, 2012. http://www.egyptindependent.com/news/administrative-court-recuses-itself-controversial-cases IFES Page 7 of 18