20
Official Journal – Issue No. 22 (bis) on 03 June 2013
Whereas, the case law of this court is based on the fact that rules of constitution,
which are above any other legal rules, and which regulate values, upon which the
group based, require that all legal rules – whatever dates of enforcement thereof should be subject to the current constitution, to ensure its compliance with its
concepts, thus, provisions of such rules don’t scatter among various contradictory
systems, in the manner that hinders its enforcement in accordance with the objective
standards required by the current constitution as a condition to its constitutionality.
Whereas, impediments set by the ruling of referral at the appealed text, are under
objective allegations based on the violation of a constitution rule by a specific
legislative text concerning its objective content. Therefore, such court functions its
supervisory role on the referred text in the light of the rulings of the current
constitution that is issued in December 2012.
Whereas, the case law of this court decided that the constitution is the supreme decree
that establishes the rules on which the ruling regime depends, determines public
freedoms and rights, arranges fundamental guarantees to protect them, determines
functions and powers of legislative, executive and judicial powers, set limitations and
restrictions that control their activities, in a manner that prevents intervention from
any of them in the powers of another one, or overlap in exercising jurisdictions
accorded to it by constitution.
Whereas, the constitution issued in December 2012, accord enacting laws to the
legislative power, in accordance with the provision of article (115) “The Council of
Representatives holds legislative power, and is responsible for approving the state’s
general policy, the public plan for economic and social development and the annual
state budget law. It exercises control over the executive power’s work, in the manner
prescribed by the Constitution.
Whereas, vesting legislative power with enacting laws – in accordance with article
(115) in the constitution – doesn’t grant it the power to intervene in functions of any
other power; thus, it, rather, doesn’t have the power to intervene in the functions of
constituent power - vested with drafting the constitution – which, alone, has the power
to set standards and controls that regulate performance of missions vested to it.
Whereas, constitutional amendments to articles of 1971 constitution, after revolution
of 25 January 2011, included amendment to article (189), and adding a new article
(189) bis. In accordance with such amendment, an elected constituent assembly has
vested with the mission of drafting a new constitution, provided that members of such
assembly will be elected from un-appointed members of the first People’s Assembly,
and Shura Council following announcement of results of referendum on constitution
amendments. The people accept such amendment in the referendum conducted on
19/03/2011. On March 30, same year, SCAF – vested with ruling the country during
the transitional period following revolution of 25 January – issued a constitutional
declaration, including constitutional rules regulating rule of the country during the
transitional period that ends on electing the two legislative councils, - People’s
Assembly and Shura Council – and electing a president. Besides, the declaration
included amended and added articles in 1971 constitution, accepted by the people in
the referendum. Article (60) of such declaration repeated provisions included in the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents