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Official Gazette – Issue No. 8 bis (a) May 26, 2013 6 3. Members of the Shura Council; 4. Members of the Local Councils. The election of the President of the Republic shall be conducted according to the law regulating the presidential elections. The exercise of other rights shall be in the manner and according to the arrangements prescribed in such law. Officers and members of the main, subsidiary, and additional armed forces, as well as police officers and members shall be exempted from performing such duty throughout their period of service in the armed or police forces." Whereas article (5) of the Constitution says "Sovereignty is for the people alone and they are the source of authority. The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution." Also, the first part of paragraph (1) of article (6) of the Constitution stipulates that "The political system shall be based on the principles of democracy, consultation (Shura), and citizenship, which ensure that all citizens are equally eligible to public rights and duties……." Moreover, article (33) stipulates that "All citizens are equal before the law. They have equal public rights and duties, without discrimination". Furthermore, paragraph (1) of article (55) of the Constitution stipulates that " Citizen’s participation in public life is a national duty: Every citizen shall have the right to vote, run for elections, and express opinions in referendums, according to the provisions of the law." According to paragraphs (1) and (2) of article (64), "Work is a right, duty and honor for every citizen, guaranteed by the State on the basis of the principles of equality, justice and equal opportunities. There shall be no forced labor except in accordance with law." The aforementioned texts stipulates that the sovereignty of people can only be achieved through ensuring that all citizens have the right to elect their leaders and representatives who rule the country affairs, as long as they are eligible to be elected. Every citizen shall have the right to express his/her opinion in all elections and referenda. Thus, no citizen may be deprived of exercising such constitutional right unless there is a reasonable cause, whether temporary or permanent, prohibiting them from such. Such cause shall, in nature, be related to the polling right and requirements thereof such as reaching a certain age to ensure a citizen is eligible to make a sound decision, in addition to being free from any mental disabilities depriving them of the ability to make such decision. Also, the citizenship right requires ensuring that all citizens are equal in public rights and duties. Such right may neither be restricted nor curbed unless there is a reasonable cause and as long as such does not constitute a constitutional violation. Also, the Constitution granted citizens the right to work and hold posts. Thus, prohibiting officers and members of the armed and police forces from exercising political rights throughout their period of service due to holding such posts, despite having the capacity required for exercising such rights, curbs popular

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Shura Council Speaker request for constitutional review of the draft law regulating the exercise of political rights.

Judgment

Question Presented: Whether the draft law adheres to the current constitutional political protections.

Alleged Acts: The Shura Council Member filed suit in the Supreme Constitutional Court seeking review of the draft law that limited political rights and they exercise thereof. The drafted law; (1) distinguished between judicial bodies and branches and required the National Elections Commission to assign supervision of voting to judicial bodies; (2) permitted those unable to cast their ballot based on visual impairment or other disability to verbally state the vote to an election official who would record it on a ballot; (3) permitting the President to set the general election date by decree; (4) no modifications may be made to the voter database after the call for elections; (5) reforming the voting abroad system to begin counting before the actual date of elections.

Summary: The court determined that the differentiation between judicial bodies and branches was unconstitutional and required that they words be synonymous. Second, the court determined that all ballots must be direct secret votes, but that this supposes the voter is sighted. Thus, the court determined that the committee head signing the ballot paper violated the right to secrecy. Third, the court determined that Presidential decree violated the constitution because it diminish the integrity of election and removed powers from the Election Commission. Fourth, the court determined that restrictions on the right to voter were limited such those they unreasonably hindered political participation. Fifth, the court determine that the constitution provides protections for Egyptians living abroad and the restriction of voting before election day failed to adhere to these protections.

Conclusion: The court struck down portion of the drafted law and unconstitutional because they conflicted with the political protections set forth in the constitution.

Legal Issue(s)

Accessibility
Vote Verification and Transmission

Region: Middle East and North Africa

Country: Egypt

Language of Decision

English

Court: Constitutional Court

Election Type: Review of law

Date of decision: May 26, 2013

Geolocation

Latitude: 30.38327401

Longitude: 31.34626495

: Geolocation

Primary Documents

SCC ruling- some elec procedures and PWDs-May 2013 (English).pdf
English
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Election Judgments - IFES

Select target paragraph3

Shura Council Speaker request for constitutional review of the draft law regulating the exercise of political rights.

Primary Documents

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