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Monday, August 13, 2012

Egypt’s President Mohamed Morsy issued a new Constitutional Declaration

Mohamed Morsy, Egypt's President

Egyptian President Mohamed Morsy issued the new Constitutional Declaration on 12 August 2012, on Sunday. This Declaration consists of four articles.

SCAF’s Constitutional Addendum issued on 17 June 2012 right before the second round of Egypt’s first democratic presidential election was cancelled. This document limited the powers of the future president granting the SCAF (Supreme Council of the Armed Forces) wider powers including legislative role and governing. According to Morsy’s new Constitutional Declaration this Addendum is to be abrogated.

The Provisional Constitution issued by SCAF on 30 March 2011 after the 1971 Constitution was suspended faced some amendments made by Mohamed Morsy. So, Article 25 of this Constitutional Declaration is replaced with the following text: “President will undertake all his duties as stipulated by Article 56 of this Declaration”. Article 56 specified the authorities of SCAF and gave the Armed Forces wide powers. According to the new Declaration, Egypt’s President now will receive the full legislative and executive power, with the right to represent the country on the international arena and sign the international treaties and to set all the public policies as well.

The new Constitutional Declaration also gives Morsy the right to form the new Constituent Assembly, the body tasked with the drafting of the new state’s Constitution. In case the current Constituent Assembly will fail in performing its duties and the developments in the country will prevent it from successful work and carrying out its responsibilities Egypt’s President will form the new Assembly. This Assembly should represent the full political spectrum and the entire Egyptian society and will be mandated with the drafting of the new Egypt’s Constitution within three months after the formation. Then the draft of the new Constitution has to be represented to Egyptian citizens and put on the national referendum and approved within 30 days after it is written. The parliamentary election to be held within two months of the public’s approval of the state’s new Constitution.

This Constitutional Declaration should be published in Egypt’s official gazette and will be put into effect the following day.