Constitution committee’s draft unfavorable to Islamists

The committee of 10 legal experts mandated to amend the 2012 Constitution suspended with the ouster of Islamist President Mohamed Morsi has finished its work this week, several media outlets reported. 

Initial reports show that the committee has canceled 33 articles and made changes to 124 others ahead of passing the document to another committee, made up of 50 members who will be selected from public institutions and councils, as well as a few parties. This committee will produce a final revision of the document ahead of holding a referendum on the constitution within the next three months. 

Amendments made by the legal experts committee reveal early signs of a new political roadmap. The amendments point to an intention to reverse several articles that were slammed for reflecting the interests of the Islamist elites who drafted them last year. Meanwhile, articles pertaining to the privileged status of the military institution, such as its shielding from civilian oversight and its exclusive control over its own personnel's appointments, were kept intact. 

A sign of significant change in terms of parliamentary representation can be seen in the committee's decision to return to the single candidate system during elections, reversing the rules whereby two thirds of parliament's seats were granted to party lists and a third to individual candidates. Egypt saw the first parliamentary elections using this system in November 2011, which resulted in a 70 percent victory for Islamists, who, in turn, were able to select the 100 lawmakers who drafted the 2012 Constitution.  

A return to the single candidate system represents the return to the electoral norms during the rule of deposed President Hosni Mubarak. It has been criticized for being associated with large families in Upper and Lower Egypt being able to exert control and influence over the electoral process. Islamists, instead, relied on electoral lists to gather enough votes in a parliament, where its party representation was quite strong. 

The article in the suspended constitution stipulating the political exclusion of members of the formerly ruling National Democratic Party for a period of 10 years, has been removed by the committee. This arguably reflects an interest in the return of former regime figures either through the single candidate system or through their inclusion in political parties, particularly the liberals among them.

In another strike against Islamists, the committee suggested the removal of Article 219. The contentious article contained a detailed description of the principles of Sharia law, which is the main source of legislation. The committee also removed the stipulation that Al-Azhar leaders should be consulted about the constitutionality of laws, leaving this task exclusively to the Supreme Constitutional Court (SCC). 

The committee also called for strict criteria for the establishment of parties, including religious parties, which many activists have suggested should be dissolved.

Among the articles slated for removal is that concerning the number of SCC's members. The Islamist-drafted Constitution stipulated that the court shall be made up of 11 members instead of 18, an article which was deemed retaliatory to various judges who stood against the Muslim Brotherhood such as Tahani al-Gebali.  

The committee, finally, removed the SCC's exclusive right to review elections laws prior to their being passed by parliament, after it was empowered to do a post-passing review — another indication of further strengthening of the position of the judiciary in the constitution.