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| Constitutional Assembly of Egypt (2012) | |
|---|---|
| Name | Constitutional Assembly of Egypt (2012) |
| Formation | 2012 |
| Dissolution | 2013 |
| Purpose | Drafting Egypt's 2012 Constitution |
| Location | Cairo, Alexandria |
Constitutional Assembly of Egypt (2012) was the body convened after the 2011 Egyptian revolution and the 2011–2012 Egyptian protests to draft a new constitution for the Arab Republic of Egypt following the Egyptian parliamentary election, 2011–12; it operated amid conflicts among the Supreme Council of the Armed Forces, the Muslim Brotherhood, the Freedom and Justice Party, the Salafist Call, secular parties, and civil society organizations. The assembly's work influenced the Egyptian constitutional referendum, 2012 and intersected with rulings by the Supreme Constitutional Court of Egypt and decisions by the President of Egypt; its process provoked sustained demonstrations at locations such as Tahrir Square and triggered legal challenges in administrative courts.
The assembly was formed in the fraught aftermath of the 2011 Egyptian revolution and under the interim authority of the Supreme Council of the Armed Forces following the ouster of Hosni Mubarak. Composition debates involved representatives from the People's Assembly (Egypt, 2011–2012), the Shura Council, the National Salvation Front (Egypt), the April 6 Youth Movement, the April 6 Youth Movement (Egyptian political party), and NGOs such as the Egyptian Organization for Human Rights. Political actors including Mohamed Morsi, Mohamed ElBaradei, Essam Sharaf, Amr Moussa, Kamal Ganzouri, and the Wafd Party pressured for inclusion, while Islamist forces like the Al-Nour Party, the Salafi Front, and Hazem Salah Abu Ismail sought greater influence. International observers including delegations from the United States Department of State, the European Union, and the United Nations monitored developments.
Initial membership proposals drew on seats allocated by the dissolved People's Assembly (Egypt), the Shura Council (Egypt), the Judiciary of Egypt, and civil society lists submitted by organizations such as the Egyptian Bar Association, the National Council for Human Rights (Egypt), and the Coptic Orthodox Church. Parties involved included the Freedom and Justice Party, the Al-Wasat Party, the Labor Party (Egypt), the Leftist Socialist Alliance, and the Arab Democratic Nasserist Party. Prominent legal figures like Mahmoud Mekki, Adly Mansour, Farouk Sultan, and Hossam El-Gheriany were referenced in debates over judicial membership. The Supreme Constitutional Court of Egypt issued rulings affecting selection after petitions by actors such as the Egyptian Initiative for Personal Rights and the Hisham Mubarak Law Center.
Drafting sessions occurred in venues across Cairo and Alexandria, engaging drafters with expertise linked to institutions such as the Ain Shams University Faculty of Law, the Cairo University Faculty of Law, and the American University in Cairo. Key topics included the balance of powers involving the President of Egypt, the People's Assembly (post-2012), the Shura Council (reformed), civil liberties vis-à-vis the State Council (Egypt), protections for Coptic Orthodox Church (Egypt), and provisions touching on Sharia law as interpreted by jurists associated with the Al-Azhar University. Draft articles referenced models from the French Fifth Republic constitution, the Turkish Constitution, and the Tunisian Constitution of 2014 while addressing issues raised by activists from the 2011 Egyptian revolution and allies in the Kefaya movement. Debated rights included freedom of expression as championed by figures like Bassem Youssef and protections urged by Heba Morayef of Amnesty-linked networks.
Controversies erupted over alleged domination by the Freedom and Justice Party and the Al-Nour Party, the exclusion of many Coptic Christian representatives, and claims that the assembly contravened decisions by the Supreme Constitutional Court of Egypt which had dissolved the earlier constituent assembly. Lawsuits were filed in the Administrative Court of Egypt and petitions brought to the Supreme Constitutional Court of Egypt by litigants including the Popular Current (Egypt) and lawyers associated with the Egyptian Initiative for Personal Rights. International human rights organizations such as Human Rights Watch and Amnesty International criticized articles seen as limiting women's rights and minority protections, while Egyptian Islamist jurists cited precedents from Islamic jurisprudence schools represented at Al-Azhar University.
Mass resignations by secular and liberal members, including high-profile figures aligned with the National Salvation Front (Egypt) and the Dostour Party (Egypt), occurred in protest of perceived Islamist control; resigning members invoked affiliations with institutions such as the Egyptian Journalists Syndicate and the Doctors Syndicate (Egypt). Subsequent reconstitutions incorporated new appointees from the Shura Council (Egypt) and nominations backed by the Freedom and Justice Party and the Al-Nour Party, drawing criticism from activists aligned with Mohamed ElBaradei and parties in the April 6 Youth Movement (political movement). Legal challenges to these reconstitutions proceeded through the Cairo Administrative Court and appeals reached the Supreme Constitutional Court of Egypt.
Political reactions ranged from support by Islamist constituencies mobilized by the Muslim Brotherhood and the Salafi Call to street protests organized by coalitions including the National Salvation Front (Egypt), the 6 April Movement, and the Popular Current (Hamdeen Sabahi)]. Demonstrations occurred at Tahrir Square, in front of the High Court of Cassation and Appeal (Egypt), and at the Egyptian Cabinet building, with counterprotests orchestrated by supporters of Mohamed Morsi and activists aligned with the Freedom and Justice Party. International diplomatic responses involved the United States Department of State, delegations from the European Union, and statements from the Arab League.
Following the Egyptian constitutional referendum, 2012 and persistent judicial reviews, the assembly was effectively dissolved amid rulings by the Supreme Constitutional Court of Egypt and political shifts culminating in the 2013 Egyptian coup d'état. The aftermath included the drafting of a new charter by a panel convened after the 2013 Egyptian coup d'état, the return of figures such as Adly Mansour into transitional roles, and long-term effects on parties like the Freedom and Justice Party and the Al-Nour Party. The events influenced subsequent legal frameworks adjudicated by the Cairo Court of Appeal and set precedents cited in later constitutional debates during the governance of Abdel Fattah el-Sisi and transitional authorities.