made, it can be expected that a new presidential election law will be enacted in time for the next
presidential election in 2016.
Conclusions
The revisions made to the electoral systems governing parliamentary and presidential elections in
post-Mubarak Egypt were not made in a static environment, but rather one in which the roles and
powers of various political, government and civil actors were constantly being challenged and
redefined. The elections carried out under these circumstances were generally accepted as open,
transparent and legitimate; however, certain key aspects of the electoral systems ultimately did not
withstand legal scrutiny.
The SCC decision invalidating the PA elections has prolonged the full transition to civilian rule. The
FJP and its allies have been understandably reluctant to relinquish their dominance in both houses of
parliament after the 2012 elections. It will be a test of their support whether they can repeat that
achievement in the elections likely to occur in the first quarter of 2013.
Although the PA has been dissolved and the Addendum to the March 2011 Constitutional
Declaration increases the powers of the SCAF, it now has to deal with Egypt’s first president in office
who has a popular mandate through competitive elections. It is also important to note that the
addendum further empowered the SCC by giving it a larger role in the constitutional development
process. The conflicting rulings and decrees issued by the SCC and President Morsi regarding the
dissolution of the PA also foreshadow potential conflicts and tensions between the newly-elected
president, the SCAF and the judiciary in the coming months.
To date, the Constituent Assembly has seen intense debate surrounding key issues such as freedom
of the press, civilian control of the military and the political system. Thus far, they have been largely
free to continue drafting the constitution; however, any work they will complete may be impacted
by the anticipated decision of the Supreme Administrative Court on the legality of the body and
stakeholders’ influence on the independence of the body.
It is also critical that the electoral systems used for future parliamentary elections serve to further
legitimize and stabilize the transitional process. In principle it is possible to have a closed list PR
system that allows for independent candidates – by treating the candidate as if s/he were a party
with a one-candidate list. However, that risks a proliferation of candidates with consequent effects
on the size of the ballot paper (unless a write-in system is used); challenges to voter education; and
many wasted votes, particularly if a minimum threshold of votes is needed to gain a seat. Therefore,
building a new political consensus around the future electoral system is an important step and a
large undertaking in a short time period with significant political ramifications. The constitution and
parliamentary election laws to be developed during the next period will also be crucial to achieving
the aims of Egypt’s political transition, and as such, will be important to promoting and consolidating
political and democratic progress in the region.
IFES
Page 10 of 18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents