Eleanor Finch
The history of the Egyptian Constitution can be traced back to the Egyptian revolution of 1919, which led to the termination of British rule over Egypt. The first 20th-century constitution of Egypt was established in 1923, which provided for a monarchical dominance with the king as the head of state. The 1923 Constitution remained in effect until the Egyptian revolution of 1952, which led to the overthrow of the monarchy and the king, Farouk. In 1953, a provisional constitution was proclaimed, and Egypt was declared a republic in June of that year. Since then, Egypt has had several constitutions, with the most recent one being established in 2012.
| Characteristics | Values |
|---|---|
| First modern codified form of a national constitution | 1923 |
| First republican constitution | 1956 |
| Constitution that renamed the country to the Arab Republic of Egypt | 1971 |
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What You'll Learn
The first Egyptian constitution was written in 1923
The constitution-drafting process began on April 30, 1922, when the first prime minister of independent Egypt, Abdel Khalek Sarwat Pasha, formed a 30-member committee, known as the Committee on the Constitution. This committee was tasked with drafting a constitution that reflected Egypt's new status as an independent state. However, King Fouad I was reluctant to cede power to the people, and the process was fraught with challenges.
The 1923 Constitution introduced a bicameral parliament, consisting of the Senate and the Chamber of Deputies. It enshrined personal freedoms and liberties, including mandates for primary education, privacy of correspondence, property rights, and telephone privacy. Additionally, it addressed the relationship between the executive and the legislature, emphasising control and the balance of powers. While the constitution granted significant powers to the king, it also sought to empower the people to a limited extent.
Despite its advancements, the 1923 Constitution had shortcomings. The king retained the authority to disband parliament, appoint members of the Senate, and veto parliamentary bills. It also failed to adequately address women's rights and was frequently ignored or violated by successive kings. From 1930 to 1935, the 1923 Constitution was briefly superseded by a new constitution, but it was restored in December 1935 and remained in effect until the Egyptian Revolution of 1952.
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The 1923 constitution was replaced by the 1930 constitution
The 1923 Constitution of Egypt was a significant step towards democratization, establishing a constitutional monarchy with the King as the head of the executive. It enshrined personal freedoms and liberties, such as a mandate for primary education, privacy of the home, property, and telephone communications. This constitution also created a bicameral parliament, empowering the people to a limited extent. However, it still had several shortcomings. The King retained significant powers, including the ability to disband parliament, appoint members to the Senate, and veto parliamentary bills. The 1923 Constitution also failed to adequately address women's rights and was frequently violated by successive kings.
In 1930, a new constitution was promulgated in Egypt, replacing the 1923 Constitution for a brief five-year period until 1935. This interruption in Egypt's constitutional evolution was a setback for democratic life in the country. The 1930 Constitution further concentrated power in the hands of the King and moved away from the principles of separation of powers and cooperation among authorities established by its predecessor.
The specific reasons for the replacement of the 1923 Constitution with the 1930 Constitution are not explicitly stated in the available sources. However, it is important to consider the historical context and the shortcomings of the 1923 Constitution. King Fouad I, who was in power during this time, was known to be unhappy with the idea of a constitution that would make the people the source of power. He initially refused to promulgate the 1923 Constitution and only did so after two cabinets and heavy discussions.
The 1923 Constitution, despite its advancements, faced criticism for granting the King extensive powers. This criticism may have influenced the decision to replace it with the 1930 Constitution, which further empowered the monarchy at the expense of democratic progress. The 1930 Constitution's focus on monarchical authority aligned with King Fouad I's vision of governance.
The 1930 Constitution's brief tenure reflects the unstable political and governmental environment in Egypt during this period. From 1923 to 1952, Egypt had an astonishing 40 cabinets, illustrating the frequent changes in leadership and constitutional shifts. The 1930 Constitution was unable to provide a lasting framework for governance, and in 1935, the country reverted to the 1923 Constitution.
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The 1956 constitution was Egypt's first republican constitution
The 1956 Constitution of Egypt was the country's first republican constitution, promulgated on 19 January 1956 and implemented by referendum on 23 June of that same year. It replaced a 1953 provisional constitution, which had superseded the 1923 Constitution following the 1952 revolution. The 1956 Constitution was in force for only two years, until 1958, when Egypt and Syria formed a political union called the United Arab Republic, and the Provisional Constitution of the United Arab Republic superseded it.
The 1956 Constitution was drafted by a constitutional committee chosen by the incumbent government, although its members were selected by Gamal Abdel Nasser, who was simultaneously elected president in the 1956 referendum. The referendum also overwhelmingly supported Nasser's bid for the presidency, with official figures showing 99.9% in favour of his candidacy and 99.8% in favour of the constitution. Nasser ran uncontested and used the vote to promote himself as a protector of democracy. However, historian May Kassem has argued that the vote "was utilized in an authoritarian manner" that only served to consecrate Nasser's rule.
The 1956 Constitution was Egypt's first attempt at a republican constitution, following the abolishment of the constitutional monarchy in 1952. The 1952 Constitution transformed Egypt into a republic ruled by elements of the military, who had led the 1952 revolt. This period, between 1952 and 1970, was marked by erratic constitutional development, with the military frequently issuing and revoking constitutional edicts that hindered the development of effective multiparty democracy.
The 1956 Constitution was Egypt's first step towards establishing a republican form of government and defining the powers and responsibilities of the state and its citizens in a post-monarchy era. It was a significant moment in the country's constitutional history, which can be traced back to the Egyptian revolution of 1919 and the subsequent termination of British rule in 1922. The 1923 Constitution, which established a constitutional monarchy, served as a model for all Egyptian constitutions that followed, including the 1956 Constitution.
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The 1971 constitution renamed Egypt the Arab Republic of Egypt
The history of the Egyptian Constitution dates back to the early 20th century, with the first modern codified form established in 1923. This constitution, which provided for a monarchical system with the king as the head of state, underwent several changes and replacements over the years.
In 1971, when President Anwar Sadat took office, he introduced a new constitution that significantly reshaped the country's political landscape. This constitution, known as "The Permanent Egyptian Constitution", was adopted through a public referendum on 11 September 1971 and brought about notable changes. Firstly, it renamed Egypt the "Arab Republic of Egypt", reflecting a shift towards a more democratic and representative system. This new constitution aimed to uphold the rule of law, enhance the independence of the judiciary, and promote party plurality.
The 1971 constitution also made significant amendments to the existing legislative framework. It provided for more freedoms and a return to a sound parliamentary system, addressing previous concerns about democratic practices. Notably, it recognised Sharia as "a source of legislation" in Article II, which was later amended in 1980 to read as "the principal source of legislation." This change elevated the role of Islamic law in the country's legal system.
During its existence, the 1971 constitution underwent several amendments. The first amendment came in 1980 by President Sadat, followed by two subsequent amendments by President Hosni Mubarak in 2005 and 2007. The 2005 amendment, in particular, attracted attention as it pertained to the process of electing the President of Egypt, outlined in Article 76. However, the 2007 amendments raised concerns about potential election rigging as they allowed non-judiciary body members to monitor and count the elections.
The 1971 constitution remained in effect until the Egyptian Revolution of 2011, which led to the resignation of President Hosni Mubarak. On 13 February 2011, the constitution was suspended, and a new provisional constitution was passed by the Supreme Council of the Armed Forces, marking a new chapter in Egypt's constitutional evolution.
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The 2012 constitution was written by the Constituent Assembly
The 2012 Egyptian Constitution was written by the Constituent Assembly, a committee for the creation of a new Constitution of Egypt. The Assembly was originally elected by Parliament in March 2012, but it was dissolved by a court in April after being deemed unconstitutional due to the inclusion of members of parliament in its membership. A second Assembly was then elected by Parliament during the summer.
The Constituent Assembly faced several challenges and controversies during its formation and operation. Liberal, leftist, and social democratic parties boycotted the election that determined the makeup of the Assembly, viewing it as an attempt by Islamists to strengthen their power. The first Assembly was criticized for its preponderance of Islamist members, with 38 out of 50 parliamentary members belonging to Islamist parties.
The Constituent Assembly produced a 234-article draft constitution, which it approved on 29 November 2012. The constitution included significant provisions such as ending Egypt's all-powerful presidency, instituting a stronger parliament, and providing protections against arbitrary detention, torture, and inhumane treatment. It also guaranteed freedom of movement, privacy of communication, freedom of assembly, and freedom of association.
However, the 2012 Constitution was not without its shortcomings. It failed to end military trials of civilians or to adequately protect freedom of expression and religion. Additionally, it gave Egypt's generals significant power and privilege, similar to the Hosni Mubarak era. The constitution also fell short in addressing public corruption and promoting transparency.
The 2012 Constitution was superseded by the Egyptian Constitution of 2014. The legitimacy of the Constituent Assembly was further called into question by lawsuits, and in June 2013, the High Constitutional Court ruled that the Assembly was indeed unconstitutional.
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Frequently asked questions
Egypt's first modern constitution was written in 1923.
The 1923 Constitution was the first modern codified form of a national constitution in Egypt. It established a constitutional monarchy with the King as the head of the executive and it enshrined many personal freedoms and liberties.
The 1923 Constitution was in effect until 1930 when it was replaced by a new constitution that was in force until 1935.
