Official Journal – Issue No. 22 (bis) on 03 June 2013 9 previous ruling on the non-constitutionality of Article (9-bis"a") of the law on People's Assembly, by virtue of the ruling issued in the session held on 14/06/2012 on the constitutional case no. 20/34 "judicial", since the effect of such ruling is limited to the article provisions on the People's Assembly. However, such effect does not include the Shura Council. Since Article (24) of the law on Shura Council is inseparably connected to the first paragraph of Articles (2) and (8) of the same law, the scope of the lawsuit shall be extended to include it. It shall also be extended to include Article (1) of decree law no. 123/2011 since it is inseparably connected to the same provisions. The 2 provisions shall be presented to court to decide on constitutionality thereof. Whereas the SCC has ruled in 14/6/2012 in the constitutional case No. 20/34 Judicial Year, on the unconstitutionality of article 1 of the decree law No. 123/2011 and the annulment of article 2 thereof; which indicates that all the provisions stated in the present decree law are no longer existing as of the date of its issuance pursuant to the provisions of articles (48 and 49) of the SCC law promulgated by law No. 48/1979. This adjudication has its own absolute argument against the whole, and with respect to the state with all its various branches; since it is a conclusive decision on the claim preclusion. This an argument that prevents the controversy thereabout or putting it once again to review, which makes the disagreement according to this text, settled. Whereas the referral ruling criticizes the challenged texts that they infringe the right to election and principles of equity and equal opportunity to allow the competition of party candidates with independent candidates on the third of the individual seats in contravention of the provisions of the constitutional declaration. Whereas it is decided that the present court's protection of the constitution focuses on the existing constitution; however as long as the constitution has no retroactive effect, the provisions of the former constitution, under whose provisions the challenged text has been issued, shall be enforced as long as this text has been enforced until it was annulled or replaced by another one within the enforcement lapse of that constitution. In such case, and where the current constitution has adopted, pursuant to article (231) thereof, a political system contradicting with what the legislator followed in law No. 120/1980 and the amendments thereof on the Shura Council, where it stipulates that "the legislative elections following the date of enforcement of the constitution by third of the seats for the list system and another third for the individual system. Parties and independent candidates may apply for candidacy in both systems", which indicates the repeal of the aforesaid law as of the date of enforcement of the new constitution on 25/12/2012. Thus, the constitutional document governing the constitutionality of the constitutional declaration issued on 30 March 2011, amended by the constitutional declaration issued on 25/9/2011. Whereas article (1) of the constitutional declaration issued on 30th March 2011 stipulates that "The Arab Republic of Egypt is a state that has a democratic system based upon citizenship" and articles (32, 35, 38, 39, 40, 41) of the present declaration has determined the rules of People's Assembly and Shura Council. The significance of these provisions and rules is that the constitutional legislator is keen on ensuring the political rights for all citizens, of which the rights of candidacy and election are its main elements, and expressing opinion on the constitution and enabling them to practice such rights to contribute to public life and since it is a democratic means to