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In the Name of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Egyptian Presidency Official Journal Price: EGP 3.0 Issue # 22 (Ibid) Issued on 24 Rajab 1434 AH Correspondent to 03 June 2013 AD Year 56

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Mohamed v. Chairman of High Elections Commission

Judgment

Question Presented: Whether the elections of the Shura Council, Upper House, exceed the bodies authority and whether and actions taken by the body are consequently unconstitutional.

Alleged Acts: On February 19, 2012 the petitioner filed suit seeking the Shura Council election be repealed, suspending polling procedures, and seizure of all envelops and documents of the conducted elections. In particular, the petitioner considered these elections invalid because his election number changed, his election symbol was removed from the ballot papers, and his supporters were unable to vote for him. Further, the results had contradictions in the number of votes and some were not signed by committee heads.

Summary: The court stated that the 2012 Constitution and Article 230 of the new Constitution mandated that the Upper House govern the legislative powers until the Lower House was elected and assumed legislative control. The court stated that parliament should not be passing laws that would modify election to the body and the laws on the subject were according unconstitutional.

Conclusion: The court overturned the electoral law for the Upper House because the body was intended to be purely an advisory body.

Legal Issue(s)

Candidate Registration
Electoral Integrity
Judicial Independence

Applicable Law(s): Egypt Constitution art. 2 & 8.

Region: Middle East and North Africa

Country: Egypt

Language of Decision

English

Court: Constitutional Court

Election Type: Presidential

Date of decision: Jun 3, 2013

Geolocation

Latitude: 30.38327401149591

Longitude: 31.34626495184719

: Geolocation

Primary Documents

SCC Ruling Dissolving Shura and Constituent Assembly- June 2013 (English).pdf
english
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