Jonah Patel
The Constitution of Egypt has evolved significantly over the years, with the country having one of the earliest administrative and legislative codes in history. The constitutional history of modern Egypt can be traced back to the Egyptian revolution of 1919, with the country gaining independence from Britain in 1922. Since then, Egypt has had several constitutions, including those issued in 1956, 1958, 1964, 1971, 2012, and most recently, 2014. The 2014 Constitution was drafted to pave the way to the future, in line with the Universal Declaration of Human Rights, and to maintain freedom and protect the nation's unity.
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What You'll Learn
The 1956 Constitution
The 1923 Constitution had established a constitutional monarchy with the King as the head of the executive, and it enshrined many personal freedoms and liberties. For example, it included a mandate for primary education, privacy of the home, property, and telephone. It also created a bicameral parliament with the power to convene itself if it was not called into session according to schedule.
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The 2012 Constitution
However, the 2012 Constitution was met with resistance from segments of Egyptian society, who opposed the increasing hold of the FJP on the state and Morsi's consolidation of executive powers. This resistance led to violent clashes between Islamists and secularists, with society becoming increasingly divided. The 2012 Constitution was replaced by a new constitution in 2014.
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The 2014 Constitution
Additionally, the 2014 Constitution maintained freedom of belief, with Islam recognised as the state religion. It also addressed the role of the military in appointing the national Minister of Defense for an eight-year term. The constitution prohibited political parties from being based on religion, race, gender, or geography.
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Constitutional history
The constitutional history of modern Egypt can be traced back to the Egyptian revolution of 1919, which led to the termination of British rule over Egypt in 1922. The country's first liberal constitution was established in 1923.
Egypt has had a long history of constitutional evolution, with the country witnessing several constitutions since gaining independence from Britain. From 1952 to 1971, three constitutions were issued and repealed. The first was the Constitution of 16 January 1956, which was revoked in 1958 following the creation of the United Arab Republic of Egypt and Syria. The second was the Unity Constitution of 1958, which was replaced by the Interim Constitution of 25 March 1964 after the dissolution of the Egypt-Syria union.
The 1964 constitution remained in place until a new constitution was promulgated in September 1971. This constitution remained in force, with amendments in 1980, 2005, and 2007, until its dissolution in February 2011 during the Egyptian Revolution. Following Mubarak's resignation, a new provisional constitution was adopted in March 2011, and a new constitution was approved in 2012. This constitution lasted for approximately six months, as segments of society resisted the increasing hold of the FJP on the state and Morsi’s consolidation of executive powers.
In 2013, a 50-member committee comprising major components of Egyptian society, including women, the military, and youth, produced a final draft of the constitution after a period of public consultation. This draft was approved in a referendum by 98.1% of voters in January 2014, becoming the Egypt 2014 Constitution. This constitution included significant reforms, such as strengthening the role of the security sector, including the army, police, and judiciary, and defining the president's role as the Head of State, Chief of the Executive Authority, and Supreme Commander of the Armed Forces.
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Constitutional Declaration of 2011
The Egyptian Constitution has a long history, evolving from the liberal constitution of 1923 to the contemporary constitution. The Constitutional Declaration of 2011 was a significant part of this evolution.
The Constitutional Declaration of 2011 was a provisional constitution adopted on 30 March 2011, following the Egyptian Revolution of the same year. This revolution led to the resignation of President Hosni Mubarak, who had been facing demands from opponents for modifications to the constitution or a complete rewrite. In February 2011, Mubarak agreed to amend several articles and remove Article 179. However, it was the military government that came into power after his resignation that proposed further amendments and the removal of additional articles. This led to the adoption of the new provisional constitution, which served as a bridge during the transition period of constitutional reform.
The 2011 declaration had several key provisions. It defined Egypt as a "'democratic state', deriving its sovereignty from its citizens, and affirmed that "individual freedom is a natural right" and that all citizens are equal. It also established a multi-party semi-presidential system, with a two-chamber parliament: the People's Assembly (lower house) and the Shura Council (upper house). The declaration set out requirements for presidential candidates, including that both their parents be Egyptian citizens and that they must secure endorsements from either members of Parliament or a significant number of voters across a range of governorates.
The Constitutional Declaration of 2011 paved the way for parliamentary and presidential elections in January and May 2012, respectively. These elections brought the Islamist Muslim Brotherhood's Freedom and Justice Party to dominance, with their candidate, Mohammed Morsi, winning the presidency. However, the 2012 Constitution, which strengthened the role of Islam in the legislative and judicial processes, lasted only about six months due to societal resistance and violent clashes between Islamists and secularists.
The Constitutional Declaration of 2011 was an important step in Egypt's constitutional evolution, reflecting the country's aspirations for democracy, freedom, and equality. However, the ongoing political and social turmoil highlighted the challenges of implementing a stable constitution that balanced the diverse interests and ideologies within Egyptian society.
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Frequently asked questions
The first modern Egyptian Constitution was the Constitution of 16 January 1956.
The most recent Egyptian Constitution was approved in 2014.
The Egyptian Constitution that strengthened the role of Islam in the legislative and judicial process was approved in 2012.
The Egyptian Constitution that was approved by a referendum on 15 and 22 December 2012 is the Constitution of 2012.
