My friend and colleague at the American University in Cairo has published on his Facebook page a note in which he provides 32 reasons to vote no for the current constitution.  I have a few general comments to Khaled’s excellent discussion below:

Does Islamic law have a conception of sovereign immunity? Yes, and it is derived from the notion of the public official as a public agent.  This relationship defines both why it is obligatory to obey lawful acts of a public agent.– because one is always bound by the lawful acts taken by one’s own agent — and why one is not bound by the ruler’s unlawful acts — because an agent’s unlawful acts are beyond the scope of his agency and are thus that of a private person and not of an agent. 

Morsi, as a result of his recent constitutional declaration, has been accused of attempting to acquire dictatorial powers.  The Roman Republic, however, instituted dictatorship as a regular constitutional tool to deal with war time emergency.  Does the Roman Republic’s institutionalization of the dictatorship provide any lessons for the current Egyptian transition?

Egypt is in the grip of another in a series of what appear to be unending crises threatening the viability of a transition to a democratic order.  This current crisis is the result of the interaction of three factors: the first is the inability of the constituent assembly to reach a consensus on provisions in the constitution dealing with the role of Islam in the state and the extent of individual freedoms.  That this should have been a stumbling block could hardly have come as a surprise to anyone with an inkling of knowledge of Egyptian political history over the last 75 years.   The second is the looming threat that the Supreme Constitutional Court could dissolve the Constituent Assembly on the grounds that because it was appointed by a parliament which was itself dissolved, it lacks valid legal authority to perform its work.  The third is the omnipresent threat of imminent economic collapse if the Egyptian state cannot reconstitute itself in a reasonably timely fashion, something that must have been a precipitating factor in President Morsi’s sweeping decrees of last week.

The problem in Egypt is that there is a giant ultimatum game going on, with the opposition threatening to deny the legitimacy of the constitution by walking out and convincing the SCC to invalidate the CA; well, it turns out that Morsi knows how to deploy a tit-for-tat strategy in the context of an ultimatum game, and people are surprised.  Hmm. 

When the Freedom and Justice Party nominated Muhammad Morsi for the Egyptian presidency, many Egyptian pundits dismissed him with the contemptuous title, “istibn,” or “the spare tire.”

Civil society groups in Egypt have released a letter addressed simultaneously to Hisham Qindil, Egypt’s prime minister, and Christina La Garde, executive director of the International Monetary Fund (the “IMF”), expressing their opposition to the proposed loan.  

The Egyptian Constitutional Assembly has finally completed a draft constitution for post-revolutionary Egypt, issuing it to the Egyptian public for their consideration almost a month ago.  (An English translation of the draft may be found here.)  As is the case with everything in post-revolutionary Egypt, the draft has proven to be extremely controversial, and has elicited widespread criticism, particularly from human rights organizations for its failure to meet international norms with respects to rights of women, children and freedom of religion.  Ellis Goldberg, meanwhile, has published a lengthy and very thoughtful analysis of the draft text in two parts on his blog, Nisr al-Nasr (Part I and Part II).

The Egyptian Constitutional Assembly has posted on its Facebook Page the draft language of the new constitution’s Citizens’ Rights Provisions.  I have reproduced the draft text below:

I read Wael Gamal regularly, and while I agree with some of his positions, I disagree with others.  With respect to his latest column, the cleverly titled “Dalil al-Mu`tarid `ala Hijaj al-Muqtarid,” I have penned in this post a short reply, with the equally cleverly titled “al-Radd al-Mu`tamad `ala Dalil al-Mu`tarid `ala Hijaj al-Muqtarid”.

Christina Lagarde, head of the IMF, was in Egypt today to negotiate with the Egyptian government the terms of a new $4.8 billion loan.  Predictably, many Egyptians are suspicious.  An Egyptian economist, Wael Gamal, who has solid revolutionary credentials and is economically progressive, writes on Egypt’s economic affairs for al-Shuruq, a leading independent Egyptian newspaper.  He has come out strongly against the proposed loan, first, in a piece in the Shuruq, and again on his blog.