10
Official Journal – Issue No. 22 (bis) on 03 June 2013
express their opinions, select their leaders and representatives in managing the
country's affairs, forming parliamentary councils. Hence, the citizens' practice of their
political rights, of which candidacy and election rights are in particular the most
important features and applications, either as voters enjoying the right to select their
candidates based upon out of conviction about their ability to express the issues that
concern them or as candidates contesting, pursuant to fair rules, to win the seats they
compete therefor. Hence, the legislator's practice of his discretionary authority in
regulating these rights is subject to the limits and regulations set out by the
constitutional declaration and so that he may not invoke the organization of the
electoral process, wither in respect with its time, place or the way it will be managed,
to infringe the rights which the constitutional declaration connected therewith, which
would hinder its essence, detract from it, affect its existence or include the waste or
confiscation thereof.
Whereas based on the case law of this court, the principle of equality before the law –
stated by article (7) of the aforesaid constitutional declaration – is neither an inflexible
leading principle contrary to the practical necessity, a hard rule that denounces all
forms of discrimination nor a guarantee of the arithmetic accuracy required by the
absolute justice balances among things. Should the state may take the measures it
finds appropriate to regulate a specific subject, avoid an evil that should be combated
and should replacing the greater harm by a lesser harm is a necessity, its application
of equality principle may neither reveal its impulsive acts, be a predictor of embracing
inequitable stances that raises rancours which result in breaking the rules of the
behavior thereof nor may it be an aggression against the strength of its power, its
stance should be moderate in dealing with the citizens. It should not discriminate
among them either by dictation or forcibly. Accordingly, the legislative authority
may, according to rational standards, not differentiate among positions of which the
givens neither combine nor contrast in the foundations upon which they are based;
provided that the discrepancies among them are real, with no fabrication or
imagination, based on the grounds that what protects equality principle and does not
lessen its content is that organization which establishes a legislative division where
the legal texts it includes relates to the legitimate purposes it seeks. If the evidence is
based upon the separation of these texts from their purposes, discrimination is an
unconsidered disorder. The same thing happens if the relevance of the means to the
objectives is inappropriate. At this point, discrimination is considered based upon
facts that it cannot be attributed to, thus it becomes constitutionally legitimate.
Whereas, the content of the equal opportunity principle, which is a branch of equality
principle, and is considered one of its elements, is connected to, based on the case law
of this court, the opportunities which the state pledges to offer and whereas its
enforcement takes place when competing for such opportunities and the constitutional
protection of those opportunities aims at determining priority according to objective
bases necessary for public interest.
Whereas political system in Arab Republic of Egypt based on multi-partisan system, under the 1971 constitution, which confirmed in Article (4) of the constitutional
declaration – it’s intended to turn away from the single popular system to the multipartisan system to build state political system on it, taking into consideration that the
multi-party system’s main goal is to deepen democracy and to lay its foundations in
the framework of the right to election and candidacy, which are considered an
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