Dr.Hala El Helaly.  The Revolutionary Command Council issued since he ruled the country in the July 23, 1952 several documents constitutionality of work.

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Presentation transcript:

Dr.Hala El Helaly

 The Revolutionary Command Council issued since he ruled the country in the July 23, 1952 several documents constitutionality of work organization Egyptian state, which are 4 main Stations :

 - constitutional declaration issued on December 10, 1952 to announce the fall of 1923 constitution and call for founding committee for a new constitution.  - Constitutional declaration on 17 January 1953 to report the dissolving of political parties

 - constitutional declaration on February 10, 1953 consists of 11 articles to put the general framework of the system of government during the transition period subsequent to the revolution, which lasted until the 1956 Constitution

 - Constitutional declaration on Day June 18, 1953 was limited to three articles of the Declaration of the fall of property and establishment of the Republic.

 In general, all these constitutions agreed on main terms in the shape of the state and the system of establishment of government although there are some points of contrast between them, but the general features are identical

And we can summarize the main features of these constitutions and constitutional documents as follows :

1- The dominance of the executive branch to the legislature:  the constitutions have evacuated a serious breach of the principles of separation and balance of powers.

 It assumed in the literature and theoretical Constitutional authorities to be a sergeant on each other, and it should b a balance between both of them with the main role of legislative power to monitor and report the legislative power

 the constitutions issued during the period in the application of these principles and proceeded it played and important role in dominance of the executive branch to legislative counterpart, and made ​​ the second hostage to the whims and desires first.

 This appeared clearly in the method of electing members of the National Assembly under the constitutions of this era.

2- Undermine the powers of the legislative authority:  executive branch not stop to control the formation and membership of the National Assembly, which will provide more weakness to legislative oversight, but also embarked on limiting the powers of parliamentary assemblies.

 And the president who is putting public policy of the state, and directs the Minister in carrying out the policies. Thus turning Minister in this system to simply associate to the president in implementing his vision for the country,

 for example, said Article 131 of the Constitution of 1956: "The President of the Republic in conjunction with the ministers of government policy in all political, economic, social and administrative and supervise its implementation.

." These powers are characteristic of presidential systems of government, but it came without a corresponding and equivalent in presidential systems of safeguards to prevent the predominance of the institution of the presidency and Astitharha power, particularly the presence of a strong and free parliament directly elected by the people that monitors the work of the president and the government.

3- A Unitary political organization in the country:  officers’ movement July 23, 1952 a great deal of hostility to the political parties that existed in the monarchy. Free Officers threw premium of the blame on the ruling elite, particularly the parties as the outgrowth of Egyptian society if before the July Revolution, and considered re-opening the door for political action and allow the parties to return to dominate the political scene would undermine the chances of success of the revolution.

 Hence Revolutionary Command Council decided to Cancel parties on January 17, 1953 and the establishment of "editorial board" to be political organization only in the country.

 Spread this period even after the era of Gamal Abdel Nasser to Sadat Although the boards restored freedom to establish political parties, but it was parties only cosmetic and do not have any role in enriching political life.

 Naturally, this situation led to near- absolute control of the executive power in general, and the president in particular, on the Legislature, where members of parliament arrive to Parliament on the nomination of the only political organization in the country which President appoints its members.

4- Eliminate public rights and freedoms:  reflected the provisions of Part III of the Constitution of 1956 and entitled "Rights and Duties" and similar articles in the constitutions of that period, the spirit of this era Has reflected economic and social priorities of the system on the nature of the rights enshrined in the Constitution, was to focus on workers' rights, and social justice, and to ensure an equitable distribution of wealth. In contrast constitutions of some civil and political rights Home

5- Combining between the presidential and parliamentary systems  a general feature of the constitutions of the Egyptian It did not take system parliamentary or presidential rounds, including the 1923 constitution and were all the same pigment mixed with gave the king or president legislative powers alongside his executive powers

 and if we exclude the regulations constitutional in an era of absolute monarchy, we find this attribute is clearly one of the first true Egyptian constitution, a constitution 1923

6- Short life of the Constitution:  No experience for Any constitutions for a great chance of survival, all of them are constitutions that come consensual social and political, or constitutions imposed, which comes a Royal Decree or presidential.

 The truth is that ambiguous answer some of them came by the will of the ownership of presidential political pressure and some came of foreign interference, and as a whole, the constitutions issued under the conditions of stability was much older than the constitutions which came under times of revolution and political strike.