Egypt’s Constitutional Crisis

Nov 24

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.

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The Draft Egyptian Constitution: The Communitarian Dimension, Part I

Nov 07

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).

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