Monday, December 9, 2013

The similarities and differences between the constitution of 2012 and 2013

The constitution,  Constitution of 2012, Constitution of, the Egyptian,

The constitution

preserves Article 2 of the Constitution of 2012, which states that " Islam is the religion of the State , Arabic is its official language and the principles of Islamic Sharia are the main source of legislation . " 
However , it cancels the controversial Article 219 , which explained what are the principles of Islamic Shariah to be used, and limited to those in Sunni doctrines. This article had caused many to see the constitution of 2012 as having a sectarian character , as he spoke explicitly of the Sunni Muslim majority.

In Article 7 , The constitution cutting the authority of Al -Azhar Association of Senior Scholars to be consulted on issues related to Islamic law , an authority granted in Article 4 of the Constitution of 2012. It was after much debate and criticism on how this provision could be diverted to adopt repressive laws.

Articles 10 and 11 of the 2012 version highlighted the role of the state in "preserving the authentic character of the Egyptian family , " and the obligation of the State to " safeguard the ethics, morality and order public. "

Article 11 of the new project falls over this ambiguous formulation and requires the state to protect women against violence, ensure their empowerment and achieving gender equality and civil rights , political, economic , social and cultural . It also gives women the right to be appointed in the judiciary and public functions and obliges the state to ensure that women are adequately represented in the councils and representative bodies . The Constitution of 2012 did not include a similar provision .

Before completing the constitution, a campaign was launched calling on Egyptians to participate in the referendum , saying : "Participation in the constitution is a " yes " on January 25 and 30 towers in June "

Rights and Freedoms IN the constitution 

With regard to the rights and freedoms , the new constitution seems to have made some improvements and disappointments.
For example , Article 43 of the Constitution of 2012, freedom of belief was an " inalienable right " , but the state was required to ensure the freedom to practice religious rites to all and to establish places of worship three heavenly (Abraham) religions . Judaism, Christianity and Islam instead of developing section later in the new project, it has become more restrictive Now Article 64 allows freedom of belief "absolute" . but restricts both freedom to practice religious rites and the establishment of places of worship for followers of the Abrahamic religions , regulated by law.

However, the amendments delete Article 44 , which prohibits religious prophets and messengers insulting and was included in the Constitution suspended in the clear to get leverage with the Salafists at the time goal.

In addition , Article 53 of the Constitution of 2012, which came under fire from the labor union to limit the formation of unions by a profession and advance " infiltration and control of state unions " which was included in the new draft Article 77 , with only minor changes in its formulation.

Article 64 of the suspended constitution stated that work is a right granted by the state, but allowed forced labor , " according to law " if " public service " for a period of time and for a fair compensation and without violating workers ' rights. This is a slight improvement in the 2012 version , yet activists human rights advocate the elimination of forced labor altogether .

Article 73 of the suspended constitution prohibits all forms of oppression , forced exploitation of man and the sex trade . However , the Islamists said they saw no need to add " human trafficking " in the article, stating that the phenomenon does not exist in Egypt. Reformulates The new draft ban and place in Article 90 to include human trafficking and all forms of slavery.

Modifications include additional items not listed in the constitution of 2012. Among them is Article 69 , which requires the State to protect the intellectual property rights in all areas and to establish a body that regulates these rights.

Another is Article 72, which requires the State to ensure the independence of the public media and journalistic institutions to ensure the objectivity and representation of all opinions, ideologies and social interests.

In addition , Article 74 prohibits the formation of political parties based on a sectarian or religious basis geographical , racial, . The article also prohibits the creation of private parts and parties for military or semi- military character. It also prohibits the establishment of parties that are "hostile to democratic principles. "

Finally, Article 90 requires States to encourage philanthropic system "Al- Awqaf " staffing and guarantee its independence. Professionals working on philanthropic endowments welcomed this article because they say that the return of Awqaf system open new ways of investment and social solidarity.

The inherent and common problem regarding items in the freedoms and rights sections of the new project and previous constitutions lies in the reference to the law ( ending numerous articles with the phrase " according to law " ) which may include clauses and gaps that affect some of the freedoms guaranteed by the constitution.

Parliament and representation

The new amendments have eliminated the Shura Council of governance , leaving the House of Representatives as the only legislative body in Egypt. It has been a long sought request because the Shura Council had been abused by the political parties to see their politicians well while spending a large budget without job description.

Article 113 of the Constitution of 2012 was amended in section 102 in the new project where the number of members of Parliament from 350 to at least 450. The article allows the president to appoint approximately 5% of members of parliament. This clause is newly added and problematic because the appointees may impact decisions that require the approval of the majority of Members of Parliament, as in the case accusing the president of treason as stated in Article 159 the same project.

In addition, Article 229 of the Constitution of 2012, which requires a 50% representation of farmers and workers in the House of Representatives, was eliminated in the new project. This clause is part of the constitutions of Egypt for more than 60 years, but it has proved problematic in practice, some areas are considered neither agricultural nor industrial . However, sections 243 and 244 require the state "adequate" represent farmers , workers , young Christians , the disabled and the Egyptian expatriates in the first Parliament elected after the constitution passes .

Due to the unconstitutionality of the parliamentary election law Article 229 of the new project has been made in accordance with Article 102 of the same project and it states that candidates will take place either individually by party - electoral lists or using a mixture of both. Therefore , stating that the electoral system was left to decide interim president .
The rest of constitution `s subjects  in next articles 

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