2012 Constitution of Egypt

2012 Constitution of Egypt
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Name	2012 Constitution of Egypt
Jurisdiction	Egypt
Created	2012
Ratified	2012
Superseded by	2014 Constitution of Egypt

2012 Constitution of Egypt The 2012 Constitution of Egypt was a national constitution promulgated following the 2011 Egyptian Revolution that overthrew Hosni Mubarak, drafted and approved amid political struggle between Muslim Brotherhood, Freedom and Justice Party, Salafist Call, Al-Azhar University, Coptic Orthodox Church, Supreme Council of the Armed Forces, and secular, liberal, and youth activists associated with the April 6 Youth Movement, Karama (Dignity) Coalition, and National Salvation Front. The charter emerged from a constituent assembly whose membership, procedures, and output provoked disputes involving the Egyptian Revolution of 2011–2014, the 2012 Egyptian presidential election, and international actors such as the United States and the European Union.

Background and Drafting Process

Drafting took place after the 2011 Egyptian Revolution and during the rule of the SCAF, following electoral contests including the 2011–12 Egyptian parliamentary election and the 2012 Egyptian presidential election between Mohamed Morsi, Ahmed Shafik, Abdel Moneim Aboul Fotouh, and Hamdeen Sabahi. The constituent assembly was formed amid legal challenges involving the Supreme Constitutional Court of Egypt, judges from the Egyptian Bar Association, representatives from the Muslim Brotherhood, members of the Salafi Al-Nour Party, deputies from the New Wafd Party, and figures from the Civil Democratic Movement, with protests referencing locations such as Tahrir Square and organizations including the April 6 Youth Movement and April 6 networks. Contentious issues included roles for Al-Azhar University and the Dar al-Ifta institution, the status of Sharia, rights invoked by the Coptic Church and the Egyptian Initiative for Personal Rights, and the balance between powers among the President of Egypt, the People's Assembly, and the Shura Council.

Key Provisions and Structure

The constitution defined institutions and authorities across a preamble and articles governing the President of Egypt, Prime Minister of Egypt, and the bicameral legislature including the People's Assembly and the Shura Council. It addressed the role of Al-Azhar University and the authority of the Grand Imam of Al-Azhar, placed reference to Islamic Sharia as a principal source of legislation alongside protections involving the Coptic Church and other religious minorities, and established references to civil liberties invoked by actors like the Egyptian Initiative for Personal Rights and the Hisham Mubarak Law Center. Provisions regulated judicial institutions including the Supreme Constitutional Court of Egypt, procedures affecting the Public Prosecution, and electoral bodies such as the Supreme Electoral Commission. Articles covered economic management tied to ministries including the Ministry of Finance and supervisory roles like the Central Bank of Egypt, while social policy references included provisions relevant to organizations such as the National Council for Women and civil society groups including the Egyptian Centre for Economic Studies. The text also specified limits on presidential terms and emergency powers that drew comparison to frameworks in constitutions of the Kingdom of Morocco and debates within the Arab League.

Adoption, Referendum, and Implementation

The constitution was approved by a constituent assembly and submitted for national referendum overseen by the Supreme Electoral Commission, with campaigning involving parties such as the Freedom and Justice Party, the Al-Nour Party, the Wafd Party, and coalitions including the National Salvation Front. The referendum occurred during the presidency of Mohamed Morsi and was influenced by events including mass demonstrations in Tahrir Square and decisions by the Supreme Constitutional Court of Egypt about the assembly's legitimacy. International observers from entities like the European Union and governments including the United States monitored the vote even as critics from groups such as the April 6 Youth Movement raised concerns about inclusivity and representation. After ratification, executive decrees and appointments by President Mohamed Morsi sought to implement constitutional articles through ministries and agencies like the Ministry of Justice and the SCAF's remnants.

Political Impact and Controversies

The constitution intensified competition among the Muslim Brotherhood, Salafi Al-Nour Party, secular liberals from the Free Egyptians Party, and leftist currents represented by the National Progressive Unionist Party and activists from the April 6 Youth Movement. Controversies included disputes over Sharia clauses, minority rights invoked by the Coptic Church and the Egyptian Coptic Union, the independence of the Judiciary of Egypt and the Supreme Constitutional Court of Egypt, and emergency powers affecting civil liberties claimed by human-rights organizations such as the Amnesty International and Human Rights Watch. High-profile confrontations between President Mohamed Morsi and the SCAF erupted around decrees, while mass protests and the formation of the Tamarod movement reflected popular backlash that linked to the later 2013 Egyptian coup d'état.

Amendments, Suspension, and Replacement

Following political unrest and the 2013 Egyptian coup d'état led by Abdel Fattah el-Sisi and the Egyptian Armed Forces, the 2012 charter was suspended and its provisions set aside as transitional authorities, including a roadmap involving the Chief Justice of the Supreme Constitutional Court of Egypt and interim cabinets, enacted a process for drafting a new document. The suspension preceded the 2014 constitution promulgated under the interim presidency of Adly Mansour and the later presidency of Abdel Fattah el-Sisi, with ensuing legal and political debates involving parties such as the Freedom and Justice Party and coalitions including the National Alliance to Support Legitimacy. Courts including the Cairo Court of Administrative Affairs and international commentators in outlets covering Middle East politics debated legitimacy, while activists from networks like the April 6 Youth Movement and the Tamarod movement continued to contest institutional arrangements.

Category:Constitutions of Egypt