Egyptian constitutional referendum, 2011

The constitutional referendum in Egypt in 2011 was 2011 necessary by the revolution in Egypt and took place on March 19, 2011. The draft amendment to the existing Constitution was drafted by a constitutional committee and authorized by the Supreme Council of the Armed Forces. For the new constitution voted 77.2 percent of voters, the turnout was about 41 percent, which is significantly more than in previous referendums. The amendments took effect on March 30, 2011.

Background

The referendum was the first free election in Egypt since 1952.

The going back to the 1971 Constitution was the Supreme Council of the Egyptian Armed Forces on 13 February 2011 - override - two days after the forced resignation of Hosni Mubarak. The military council sat in a row, an 8- member committee of senior lawyers to draft amendments to the Constitution that would allow free and democratic presidential and parliamentary elections. On 4 March 2011, the changes in the Constitution of the public were presented and announced a referendum on 19 March 2011. Within 6 months of age should be first Parliament, then held presidential elections after the electoral method redefined.

The amendments aim to ensure fair and democratic presidential and parliamentary elections. After the elections held then as a constituent assembly to draft a fundamental revision of the Constitution or a completely new constitution. For the monitoring of the electoral process, a committee of senior lawyers were appointed by the Supreme Military Council. A total of 16,000 members of the judiciary were used for detailed monitoring of more than 54,000 polling stations for the approximately 45 million eligible voters.

The Constitutional Committee

The members of the Constitutional Committee are:

Except Maher Samy Youssef none of them belonged to the eleven-member committee, which has been entrusted by Hosni Mubarak shortly before his resignation as Egyptian President with the revision of the Constitution.

The possibilities of the committee were, however, severely limited by the military leadership from the outset. The goal was not completely new constitution, but initially should only six items ( the previously valid Constitution) be revised.

In five articles (Articles 76, 77, 88, 93 and 189) is about the modalities of the presidential election. However, Article 179 should be deleted, because it in the name of fighting terrorism fundamental civil rights guaranteed in the constitution (see below) could be exposed.

The amendments / changes

In summary the changes are:

Article 75

The President must be Egyptian. [Also ], his parents may not have the nationality of another State. He may not be married to a non- Egyptian.

Article 76

The president is elected by direct, public and secret elections. May be nominated as a candidate only one that is supported by at least 30 elected members of the Egyptian People's Assembly ( Majlis al - Shaab ), or the Shura Council ( Majlis al - Shura ), or by at least 30,000 voters from at least 15 provinces, with the number of supporters in each of these provinces shall not be less than 1,000. Also, each party having at least one seat in the National Assembly or Shura Council may propose one of these delegates for election as President. A Commission ( the "Presidential Elections Commission" ), which is composed of senior lawyers, the presidential elections, ranging from the creation of lists of candidates to the announcement of the final results, monitor.

Article 77

The Presidency may take a maximum of two times four years.

Article 88

The presidential election will take place under the supervision of an election commission consisting of judges.

Article 93

Whether a person is entitled to his deputy in the House, only the Constitutional Court may decide.

Article 139

Within 60 days of an elected president must appoint a Vice-President.

Article 148

The President may declare a state of emergency. This declaration must be submitted within one week of the National Assembly and may enter into force only if the majority of the National Assembly agrees. The state of emergency shall be held not more than 6 months straight, unless the population would accept an extension in a referendum.

Article 179

If canceled / deleted. The cancellation / deletion of this article was one of the main concerns of the democracy movement, because with this article in the name of fighting terrorism fundamental in the constitution guaranteed civil rights (Article 41 - Individual liberty, protection from arbitrary arrest, activation of judicial review, Article 44 - Immunity the apartment, Article 45 - Respect for privacy, protection of the privacy of correspondence, posts and telecommunications secrecy) could be repealed. In addition, the President was free to decide according to Article 179, before which court ( civil, military or Sonder-/Staatssicherheitsgericht ) the case of a suspect should be negotiated.

Article 189

[ Refers to the time after the - yet to be held - new elections ] The President ( with the approval of the Cabinet ), the People's Assembly and the Shura Council [if the respective half of the deputies this calls ] the right to ask for a new constitution. A Constituent Assembly of 100 members, of whom the majority is to be determined at a joint meeting of both houses of Parliament, is to draw up a new constitution within six months. The design [ of the new Constitution ] is to be submitted 15 days after its completion by the President of the population in a referendum for a vote. [ If the population of the draft consent ] shall enter into force on the day of the referendum, the new constitution.

Approval and criticism

For the Constitution, the Muslim Brothers were the overthrown National Democratic Party (NDP ) and the Islamist Salafists. While the Salafists in the new Constitution provide the guarantee that the Islamic legal opinion, the Sharia, is maintained, argued the Muslim Brotherhood with the stability of the country. For a no further action would not have been defined.

An alliance of parties, movements and personalities was against the changes. As criticisms of the hasty execution and too few significant changes were mentioned. Thus, the new parties to organize different from the Muslim Brotherhood and the NDP only.

In addition, the change of many members of the revolutionary youth organizations, the liberal and leftist parties and the Coptic churches was rejected on the grounds that a change of a canceled in February 2011 constitution does not make sense.