Part 1. The State
The Arab Republic of Egypt is aSocialist Democratic State based on the alliance of the working forces of thepeople. The Egyptian people are part of the Arab Nation and work for therealization of its comprehensive unity.
Islam is the Religion of the State.Arabic is its official language, and the principal source of legislation isIslamic Jurisprudence (Sharia).
Sovereignty is for the people alone whowill practise and protect this sovereignty and safeguard national unity in themanner specified by the Constitution
The economic foundation of the ArabRepublic of Egypt is the socialist democratic system based on sufficiency andjustice, in a manner preventing exploitation, narrowing the gap between incomes,protecting legitimate earnings and guaranteeing justice in the distribution ofpublic responsibilities and expenditures .
The political regime of the ArabRepublic of Egypt is based upon the multi-party system within the framework ofthe basic principles and components of the Egyptian society stipulated by theConstitution . Political parties shall be organized by law .
Egyptian Nationality is defined by law.
Part II. BasicConstituents of the Society
Chapter 1. Socialand moral constituents
Social solidarity is the basis ofsociety
The State shall guarantee equality ofopportunity to all Egyptians .
The family is the basis of the societyfounded on religion, morality and patriotism. The State is keen to preserve thegenuine character of the Egyptian family- with all values and traditionsrepresented by it- while affirming and promoting this character in the interplayof relations within the Egyptian society.
The State shall guarantee theprotection of motherhood and childhood, look after children and youth andprovide the suitable conditions for the development of their talents.
The State shall guarantee coordinationbetween woman’s duties towards her family and her work in the society,considering her equal to man in the political, social, cultural and economicspheres without detriment to the rules of Islamic jurisprudence (Sharia).
Society shall be committed tosafeguarding and protecting morals, promoting the genuine Egyptian traditionsand abiding by the high standards of religious education, moral and nationalvalues, the historical heritage of the people, scientific facts, socialistconduct and public manners within the limits of the law. The State is committedto abiding by these principles and promoting them.
Work is a right, a duty and an honourensured by the State. Distinguished workers shall be worthy of the appreciationof the State and the society. No work shall be imposed on citizens, except byvirtue of the law, for the performance of a public service and in return for afair remuneration.
Citizensare entitled to public offices, which are assigned to those who shall occupythem in the service of people. The State guarantees the protection of publicofficers in the performance of their duties in safeguarding the interests of thepeople. They may not be dismissed by other than the disciplinary way except inthe cases specified by the law.
War veterans and those injured duringwars or because of them , martyrs’ wives and children shall have priority inwork opportunities according to the law.
The State shall guarantee cultural,social and health services and shall work to ensure them particularly forvillagers in an easy and regular manner in order to raise their standard .
The State shall guarantee social andhealth insurance services. All citizens shall have the right to pensions incases of incapacity, unemployment, and old-age in accordance with the law.
Education is a right guaranteed by theState. It is obligatory in the primary stage. The State shall work to extendobligation to other stages. The State shall supervise all branches of educationand guarantee the independence of universities and scientific research centers,with a view to linking all this with the requirements of society and production.
Article 19
Religious education shall be aprincipal subject in the courses of general education.
Education in the State: Educationalinstitutions shall be free of charge in their various stages.
Combatingilliteracy shall be a national duty for which all the people’s capacity shallbe mobilized.
The institution ofcivil titles shall be prohibited.
Chapter II. Economic Constituents
Thenational economy shall be organised in accordance with a comprehensivedevelopment plan which ensures raising the national income, fair distribution,raising the standard of living, solving the problem of unemployment, increasingwork opportunities, connecting wages with production, fixing a minimum andmaximum limit for wages in a manner that guarantees lessening the disparitiesbetween incomes
The people shall control all means ofproduction and direct their surplus in accordance with development plan laiddown by the State.
Every citizen shall have a share in thenational revenue to be defined by law in accordance with his work or hisunexploiting ownership .
Workers shall have a share in themanagement and profits of projects . They shall be committed to the developmentof production and the implementation of the plan in their production units, inaccordance with the law. Protecting the means of production is a national duty .Workers shall be represented on the boards of directors of the public sectorunits by at least 50% of the number of members of these boards. The law shallguarantee for the small farmers and small craftsmen 80%of the membership on theboards of directors of the agricultural and industrial co-operatives.
Beneficiaries shall participate in themanagement of the services projects of public interest and their supervision inaccordance with the law .
The State shall look after theco-operative establishments in all their forms and encourage handicrafts with aview to developing production and raising income . The State shall endeavour tosupport agricultural co-operatives according to modern scientific bases.
Ownership shall be under thesupervision of the people and the protection of the State. There are three kindsof ownership: public ownership, co-operative ownership and private ownership.
Public ownership is the ownership ofthe people and it is confirmed by the continuous support of the public sector.The public sector shall be the vanguard of progress in all spheres and shallassume the main responsibility in the development plan.
Co-operative ownership is the ownershipof the co-operative societies. The law shall guarantee its protection andself-management.
Private ownership shall be representedby the unexploiting capital. The law shall organize the performance of itssocial function in the service of the national economy within the framework ofthe development plan, without deviation or exploitation. The ways of itsutilization should not contradict the general welfare of the people.
Public ownership shall have itssanctity. Its protection and support shall be the duty of every citizen inaccordance with the law as it is considered the mainstay of the strength of thehomeland, a basis for the socialist system and a source of prosperity for thepeople.
Private ownership shall be safeguardedand may not be placed under sequestration except in the cases defined by law andin accordance with a judicial decision . It may not be expropriated except forthe general good and against a fair compensation as defined by law. The right ofinheritance shall be guaranteed in it .
Nationalization shall not be allowedexcept for considerations of public interest and in accordance with a law andagainst a compensation.
General confiscation of funds shall beprohibited . Private confiscation shall not be allowed except by a judicialdecision.
The law shall fix the maximum limit ofland ownership with a view to protecting the farmer and the agriculturallabourer from exploitation and asserting the authority of the alliance of thepeople’s working forces in villages.
The tax system shall be based on socialjustice
Saving is a national duty protected,encouraged and organized by the State.
PartIII. Public Freedoms, rights and duties
All citizens are equal before the law.They have equal public rights and duties without discrimination due to sex,ethnic origin, language, religion or creed.
Individual freedom is a natural rightnot subject to violation except in cases of flagrante delicto. No person may bearrested, inspected, detained or have his freedom restricted in any way or beprevented from free movement except by an order necessitated by investigationsand the preservation of public security. This order shall be given by thecompetent judge or the Public Prosecution in accordance with the provisions ofthe law.
Any citizen arrested, detained or whosefreedom is restricted shall be treated in a manner concomitant with thepreservation of his dignity. No physical or moral harm is to be inflicted uponhim. He may not be detained or imprisoned except in places defined by lawsorganizing prisons. If a confession is proved to have been made by a personunder any of the aforementioned forms of duress or coercion, it shall beconsidered invalid and futile .
Any medical or scientific experimentmay not be performed on any person without his free consent.
Homes shall have their sanctity andthey may not be entered or inspected except by a causal judicial warrant asprescribed by the law.
The law shall protect the inviolabilityof the private life of citizens. Correspondence, wires, telephone calls andother means of communication shall have their own sanctity and their secrecyshall be guaranteed. They may not be confiscated or monitored except by a causaljudicial warrant and for a definite period and according to the provisions ofthe law.
The State shall guarantee the freedomof belief and the freedom of practising religious rights.
Freedom of opinion shall be guaranteed.Every individual shall have the right to express his opinion and to publicise itverbally, in writing, by photography or by other means of expression within thelimits of the law. Self criticism and constructive criticism shall guarantee thesafety of the national structure .
Liberty of the press, printing,publication and mass media shall be guaranteed . Censorship on newspapers shallbe forbidden as well as notifying, suspending or cancelling them byadministrative methods. In a state of emergency or in time of war, a limitedcensorship maybe imposed on the newspapers, publications and mass media inmatters related to public safety or for purposes of national security inaccordance with the law .
The State shall guarantee for citizensthe freedom of scientific research and literary, artistic and culturalcreativity and provide the necessary means for encouraging their realization.
No citizen shall be prohibited formresiding in any place or be forced to reside in a particular place except incases defined by law.
No citizen may be deported from thecountry or prevented from returning to it.
Citizens shall have the right topermanent or temporary emigration The law shall regulate this right and themeasures and conditions of emigration.
The right to political asylum shall begranted by the State to every foreigner persecuted for defending the people’sinterests, human rights, peace or justice . The extradition of politicalrefugees shall be prohibited.
Citizens shall have the right topeaceful and unarmed private assembly, without the need for prior notice. Suchprivate meetings should not be attended by security men. Public meetings,processions and gatherings shall be allowed within the limits of the law.
Citizens shall have the right to formsocieties as defined by law. The establishment of societies whose activities arehostile to the social system, clandestine or have a military character shall beprohibited.
The creation of syndicates and unionson democratic basis shall be guaranteed by law and shall have a legal person.The law regulates the participation of syndicates and unions in carrying out thesocial plans, and programmes raising the standard of efficiency, consolidatingsocialist behaviour among their members, and safeguarding their funds. They areresponsible for questioning their members about their behaviour in exercisingtheir activities according to certain codes of morals, and for defending therights and liberties of their members as defined by law.
Anyassault on individual freedom or on the inviolability of the private life ofcitizens and any other public rights and liberties guaranteed by theConstitution and the law shall be considered a crime, whose criminal and civillawsuit is not liable to prescription. The State shall grant a fair compensationto the victim of such an assault.
Defence of the motherland is a sacredduty and conscription shall be obligatory in accordance with the law.
Safeguarding, consolidating andpreserving the socialist gains shall be a national duty.
Safeguarding national unity and keepingState secrets shall be the duty of every citizen.
Payment of taxes and public imposts isa duty as defined by law.
Citizen shall have the right to vote,nominate and express their opinions in referenda according to the provisions ofthe law. Their participation in public life is a national duty.
Everyindividual shall have the right to address public authorities in writing andwith his own signature. Addressing public authorities should not be in the nameof groups with the exception of disciplinary organs and legal person .
Part IV: Sovereigntyof the Law
The Sovereignty of the law is the basisof State rule.
The State shall be subject to law. Theindependence and immunity of the judicature are two basic guarantees tosafeguard rights and liberties.
Penalty shall be personal. There shallbe no crime or penalty except by virtue of the law. No penalty shall beinflicted except by a judicial sentence. Penalty shall be inflicted only foracts committed subsequent to the promulgation of the law prescribing them.
Any defendant is innocent until he isproved guilty before a legal court, in which he is granted the right to defendhimself . Every person accused of a crime must be provided with counsel for hisdefence.
The right to litigation is inalienablefor all, and every citizen has the right to refer to his competent judge. TheState shall guarantee the accessibility of the judicature organs to litigants,and the rapidity of statuting on cases. Any provision in the law stipulating theimmunity of any act or administrative decision from the control of thejudicature shall be prohibited
The right of defence in person or bypower of attorney shall be guaranteed. The law shall grant the financiallyincapable citizens the means to resort to justice and defend their rights.
No penal lawsuit shall be sued exceptby an order from a judicature organ with the exception of cases defined by law.
Any person arrested or detained shallbe informed forthwith of the reasons for his arrest or his detention. He shallhave the right to communicate with whoever he sees fit and inform them of whathas taken place and to ask for help in the way organized by law. He must benotified, as soon as possible, with the charges directed against him. Any personmay lodge a complaint to the courts against any measure taken to restrict hispersonal freedom. The Law shall regulate the right of complaint in a mannerensuring a decision regarding it within a definite period or else release shallbe imperative.
Sentences shall be passed and executedin the name of the people. Likewise refraining from executing sentences orobstructing them on the part of the concerned civil servants shall be considereda crime punishable by law. In this case, those whom the sentence is in favour of, shall have the right to sue a direct penal lawsuit before the competent court.
Part V. System ofGovernment
Chapter1. The Head of the State
The Head of the State is the Presidentof the Republic . He shall assert the sovereignty of the people, respect for theConstitution and the supremacy of the law.
He shall safeguard national unity and the socialist gains and maintain thelimits between authorities in a manner to ensure that each shall perform itsrole in the national action.
If any danger threatens the nationalunity or the safety of the motherland or obstructs the constitutional role ofthe State institutions, the President of the Republic shall take urgent measuresto face this danger, direct a statement to the people and conduct a referendumon those measures within sixty days of their adoption.
The President of the Republic should bean Egyptian born to Egyptian parents and enjoy civil and political rights. Hisage must not be less than 40 Gregorian years.
The People’s Assembly shall nominatethe President of the Republic . The nomination shall be referred to the peoplefor a plebiscite. The nomination for the President of the Republic shall be madein the People’ Assembly upon the proposal of at least one third of its members.The candidate who obtains two thirds of the votes of the members of thePeople’s Assembly shall be referred to the people for a plebiscite . If hedoes not obtain the said majority the nomination process shall be repeated twodays after the first vote. The candidate obtaining an absolute majority of thevotes of the Assembly members shall be referred to the citizens for a plebiscite.The candidate shall be considered President of the Republic when he obtains anabsolute majority of votes cast in the plebiscite. If the candidate does notobtain this majority, the Assembly shall propose the nomination of anothercandidate and the same procedure shall follow concerning his candidature andelection.
The term of the presidency shall be sixGregorian years starting from the date of the announcement of result of theplebiscite. The President of the Republic may be re-elected for other successiveterms.
The procedures for the choice of a newPresident of the Republic shall begin sixty days before the expiration of theterm of the President in office. The new President shall be selected at leastone week before the expiration of the term. Should this term expire without thechoice of a new President for whatever reason, the former President shallcontinue to exercise his functions until his successor is elected.
Before exercising his functions, thePresident shall take the following oath before the People’s Assembly: "Iswear by Almighty God to uphold the Republican system with loyalty, to respectthe Constitution and the law, and to look after the interests of the peoplefully and to safeguard the independence and territorial integrity of themotherland".
The salary of the President of theRepublic shall be fixed by law. Any amendment in the salary shall not beapplicable during the presidential term in which such an amendment is decidedupon . The President of the Republic may not receive any other salary orremunerations.
During his term of office the Presidentof the Republic may not exercise any free profession or undertake anycommercial, financial or industrial activity. Nor may he acquire or take orlease any state property, sell to or exchange with the State any property of hiswhatsoever.
In case the President of the Republic ,due to any temporary obstacle, is unable to carry out his functions, he shalldelegate his powers to a Vice-President.
In case of resignation, the Presidentof the Republic shall address his letter of resignation to the People’sAssembly.
In case of the vacancy of thePresidential office or the permanent disability of the President of the Republic,the Speaker of the People’s Assembly shall temporarily assume the Presidency.In case the People’s Assembly is dissolved at such a time the President of theSupreme Constitutional Court shall take over the Presidency on condition thatneither one shall nominate himself for the Presidency. The People’s Assemblyshall then proclaim the vacancy of the office of President . The President ofthe Republic shall be chosen within a maximum period of sixty days form the dateof the vacancy of the Presidential office.
Any charge against the President ofhigh treason or of committing a criminal act shall be made upon a proposal by atleast one third of the members of the People’s Assembly . No impeachment shallbe issued except upon the approval of a majority of two-thirds of the Assemblymembers. The President of the Republic shall be suspended form the exercise ofhis duties as from the issuance of the impeachment . The Vice-President shalltake over the Presidency temporarily until the decision concerning theimpeachment is taken. The President of the Republic shall be tried by a specialTribunal set up by law. The law shall also organize the trial procedures anddefine the penalty. In case he is found guilty, he shall be relieved of his postwithout prejudice to other penalties.
Chapter2. The Legislature
ThePeople’s Assembly shall exercise the legislative power, approve the generalpolicy of the State, the general plan of economic and social development and thegeneral budget of the State. It shall exercise control over the work of theexecutive authority in the manner prescribed by the Constitution .
The law shall determine theconstituencies into which the State shall be divided. The number of the electedmembers of the People’s Assembly must be at least 350 members of whom one halfat least must be workers and farmers elected by direct secret pubic balloting.The Law shall determine the definition of the worker and the farmer. ThePresident
The Law shall determine the conditionswhich members of the Assembly must fulfil as well as the rules of election andreferendum, while the ballot shall be conducted under the supervision of themembers of a judiciary organ.
Employees of the State and the publicsector may nominate themselves for membership in the People’s Assembly withthe exception of cases determined by law. The member of the People’s Assemblyshall devote himself entirely to his duties, while his former work or post shallbe preserved for him as determined by law.
Article 90
Before exercising his duties, themember of the People’s Assembly shall take the following oath before theAssembly: " I swear by God Almighty that I shall sincerely safeguard thesafety of the nation, the republican regime, attend to the interests of thepeople and shall respect the Constitution and the law".
The members of the People’s Assemblyshall receive a remuneration determined by law.
The duration of the People’s Assemblyterm shall be five Gergorian years starting from the date of its first meeting.Elections for the renewal of the Assembly shall take place within the sixty dayspreceding the termination of its term.
Article 93
The People’s Assembly shall becompetent to decide upon the validity of the membership of its members. TheCourt of Cassation shall be competent to investigate the validity ofcontestations on membership presented to the Assembly after referring them tothe Court by the Speaker of the Assembly. The contestation shall be referred tothe Court of Cassation within fifteen days as from the date on which theAssembly has been informed thereof while the investigation shall be completedwithin ninety days from the date on which the contestation is referred to theCourt of Cassation. The result of the investigation and the decision reached bythe Court shall be submitted to the Assembly to decide upon the validity of thecontestation within sixty days from the date of submission of the result of theinvestigation to the Assembly. Memberships shall not be deemed invalid expect bya decision taken by a majority of two-thirds of the Assembly members.
Article 94
If the seat of a member becomes vacantbefore the end of his term, a successor shall be elected or appointed to it,within sixty days from the date of the communication to the Assembly of theoccurrence of the vacancy . The term of the new member shall extend until theend of the term of his predecessor .
No member of the People’s Assemblyshall, during his term, purchase or rent any state property or sell or lease tothe state or barter with it regarding any part of his property, or conclude acontract with the State in his capacity as entrepreneur, importer or contractor.
No membership in the People’sAssembly shall be revoked except on the grounds of loss of confidence or statusor loss of one of the conditions of membership or the loss of the member’sstatus as worker or farmer upon which he was elected or the violation of hisobligations as a member. The membership shall be deemed invalid on the groundsof a decision taken by two-thirds of the Assembly members.
The People’s Assembly alone mayaccept the resignation of its members.
Members of the People’s Assemblyshall not be censured for any opinions or thoughts expressed by them in theperformance of their tasks in the Assembly or its committees.
Except in cases of flagrante delicto,no member of the People’s Assembly shall be subject to a criminal prosecutionwithout the permission of the Assembly. If the Assembly is not in session , thepermission of the Speaker of the Assembly must be taken. The Assembly must benotified of the measures taken in its first subsequent session.
The seat of the People’s Assemblyshall be Cairo. However, the Assembly may, under exceptional circumstances, meetin another city at the request of the President of the Republic or the majorityof the Assembly members. Any meeting of the Assembly in other than itsdesignated seat is illegal and the resolutions passed in it shall be consideredinvalid.
The President of the Republic shallconvoke the People’s Assembly for its ordinary annual session before thesecond Thursday of November . If it is not convoked, the Assembly shall meet byforce of the Constitution on the said date. The session of the ordinary meetingshall continue for at least seven months. The President of the Republic shalldeclare the ordinary session closed . This may not take place until the generalbudget of the state is approved .
The President of the Republic may callthe People’s Assembly to an extraordinary session, in case of necessity, orupon request signed by a majority of the Assembly members. The President of theRepublic shall announce the dismissal of the extraordinary session.
ThePeople’s Assembly shall elect, in the first meeting of its ordinary annualsession, a Speaker and two Deputy - Speakers for the term of the session. If theseat of anyone of them is vacated, the Assembly shall elect a replacement, whoseterm will last until the end of his predecessor’s term.
The People’s Assembly shall lay downits own rules of procedure organizing the manner in which it fulfills its tasks.
The People’s Assembly alone shall beentitled to preserve order inside it. The Speaker of the Assembly shall beentrusted with this task.
The meeting of the People’s Assemblyshall be public. However, a meeting in camera may be held at the request of thePresident of the Republic, or the Government, or the Prime Minister or of atleast twenty of its members. The Assembly shall then decide whether the debateon the question submitted to it shall take place in a public meeting or in ameeting in camera.
The meeting of the Assembly shall beconsidered invalid unless the majority of its members are present. The Assemblyshall adopt its resolutions by an absolute majority of its attending members, incases other than those for which a specific majority is required. A separatevote will be taken on each article of the draft laws. In case of a tie vote, thequestion on which the debate has taken place shall be rejected.
The President of the Republic shallhave the right, in case of necessity or in exceptional cases and on theauthorization of the People’s Assembly, to issue resolutions having the forceof law. Such authorization must be for a limited period of time and must pointout the subjects of such resolutions and the grounds upon which they are based .The resolutions must be submitted to the People’s Assembly at its firstmeeting after the end of the authorization period. If they are not submitted orif they are submitted and not approved by the Assembly , they shall cease tohave the force of law.
The President of the Republic and everymember of the People’s Assembly shall have the right to propose laws.
Every draft law shall be referred toone of the committees of the Assembly which will study it and submit a reportconcerning it. Draft laws presented by members of the People’s Assembly shallnot be referred to these committees unless they are first referred to a specialcommittee which will study them and give an opinion on the suitability of theirconsideration by the Assembly and after the Assembly decides to consider them.
Everydraft law proposed by a member and rejected by the Assembly cannot be presentedagain in the course of the same session.
The President of the Republic shallhave the right to promulgate laws or object to them.
Ifthe President of the Republic objects to a draft law ratified by the People’sAssembly, he shall refer it back to the Assembly within thirty days from theAssembly’s communication of it. If the draft law is not referred back withinthis period. It is considered a law and shall be promulgated. If it is referredback to the Assembly on the said date and approved once again by a majority oftwo-thirds of the members, it shall be considered a law and shall be promulgated.
ThePeople’s Assembly shall approve the general plan for economic and socialdevelopment. The manner of the preparation of the plan and of its submission tothe People’s Assembly shall be determined by law.
Thedraft general budget of the State shall be submitted to the Assembly at leasttwo months before the beginning of the fiscal year. It shall not be consideredin effect unless it is approved by the Assembly. Each chapter of the draftbudget shall be voted upon separately and shall be promulgated by law. ThePeople’s Assembly shall not make modifications in the draft budget except withthe approval of the government. In case the ratification of the new budget doesnot take place before the beginning of the new fiscal year, the old budget shallbe acted on pending such ratification. The law shall determine the manner ofpreparing the budget and determine the fiscal year.
Theapproval of the People’s Assembly shall be considered necessary for thetransfer of any funds from one title of the budget to another, as well as forany expenditure not included in it or in excess of its estimates. These shall beissued by law.
Thelaw shall determine the provisions regulating the budgets and accounts of publicorganizations and institutions
Thefinal account of the State budget shall be submitted to the People’s Assemblywithin a period not exceeding one year from the date of the expiration of thefiscal year. Each title shall be voted upon separately and issued by a law. Theannual report of the Central Agency for Accounting and its observations must besubmitted to the People’s Assembly. The Assembly has the right to demand fromthe Central Agency for Accounting any data or other pertinent reports.
Theimposition, modification or abolition of general taxes cannot be effected exceptin the cases decreed by law. No one may be exempted from their payment except inthe cases specified by law. No one may be asked to pay additional taxes orimposts except in the cases specified by law.
Thebasic rules for collection of public funds and the procedure for theirdisbursement shall be regulated by law.
TheExecutive Authority shall not contract a loan, or bind itself to a projectentailing expenditure of public funds from the State Treasury in the course of asubsequent period, except with the approval of the People’s Assembly
Therules governing the granting of salaries, pensions, indemnities, subsidies andbonuses from the State treasury, as well as the cases excepted from these rulesand the authorities charged with their application, shall be determined by law.
Thelaw shall determine the rules and procedures for granting concessions related tothe investment of natural resources and public utilities. It shall also definecases where it is permitted to dispose free of charge, of real estate propertybelonging to the State and the ceding of its movable property and the rules andregulations organizing such procedures.
Thelaw shall determine the rules and procedures for granting concessions related tothe investment of natural resources and public utilities. It shall also definecases where it is permitted to dispose free of charge, of real estate propertybelonging to the State and the ceding of its movable property and the rules andregulations organizing such procedures.
Everymember of the People’s Assembly shall be entitled to address questions to thePrime Minister or to any of his deputies or the Ministers or their deputiesconcerning matters within their jurisdiction. The Prime Minister, his deputies,the Ministers and the persons they delegate on their behalf shall answer thequestions put to them by members. The member may withdraw his question at anytime; this same question may not be transformed into an interpellation in thesame session.
Everymember of the People’s Assembly shall be entitled to address interpellationsto the Prime Minster or his deputies or the Ministers and their deputiesconcerning matters within their jurisdiction. Debate on an interpellation shalltake place at least seven days after its submission, except in the cases ofurgency as decided by the Assembly and with the Government’s consent.
TheMinister shall be responsible for the general policy of the State before thePeople’s Assembly. Each minister shall be responsible for the affairs of hisministry. The People’s Assembly may decide to withdraw its confidence from anyof the Prime Minister’s deputies or from any of the Ministers or theirdeputies. A motion of no confidence should not be submitted except after aninterpellation, and upon a motion proposed by one tenth the members of theAssembly. The Assembly shall not decide on such a motion until after at leastthree days from the date of its presentation. Withdrawal of confidence shall bepronounced by the majority of the members of the Assembly.
ThePeople’s Assembly shall determine the responsibility of the Prime Minister, ona proposal by one-tenth of its members. Such a decision should be taken by themajority of the members of the Assembly. It may not be taken except after aninterpellation addressed to the Government and after at least three days fromthe date of its presentation. In the event that such responsibility isdetermined, the Assembly shall submit a report to the President of the Republicincluding the elements of the subject, the conclusions reached on the matter andthe reasons behind them. The President of the Republic may return such a reportto the Assembly within ten days. If the Assembly ratifies it once again, thePresident of the Republic may put the subject of discord to a referendum. Such areferendum shall be held within thirty days from the date of the lastratification of the Assembly. In such a case the Assembly sessions shall beterminated. If the result of the referendum is in support of the Government, theAssembly shall be considered dissolved, otherwise, the President of the Republicshall accept the resignation of the Cabinet.
Ifthe Assembly withdraws its confidence from any of the Prime Minister’sdeputies or the Ministers or their deputies, he shall resign his office. ThePrime Minister shall submit his resignation to the President of the Republic ifhe is found responsible before the People’s Assembly.
Anytwenty members at least, of the People’s Assembly may ask for the discussionof a public question to ascertain the Government’s policy regarding such aquestion.
Themembers of the People’s Assembly shall be entitled to express their opinionsconcerning public questions before the Prime Minister or any of his deputies orof the Ministers.
ThePeople’s Assembly may form an ad hoc Committee or entrust any of itscommittees with the inspection of the activities of any of the administrativedepartments or the general establishments or any executive or administrativeorgan or any of the public projects, for the purpose of fact - finding andinforming the Assembly as to the actual financial, or administrative or economicsituation thereof, or for conducting investigations into a subject related toone of the said activities. In the course of its work, such a committee shall beentitled to collect whatever evidence it deems necessary and to subpoena allthose it needs. All executive and administrative bodies shall answer the demandsof the committee and put under its disposal all the documents and evidence itdemands for this purpose.
Atthe inaugural meeting of the ordinary session of the People’s Assembly, thePresident of the Republic shall deliver a statement of the general policy of theState. He may also make other statements before the Assembly. The Assembly isentitled to discuss the statement of the President of the Republic.
Afterthe formation of the Cabinet and at the inaugural meeting of the ordinarysession of the People’s Assembly, the Prime Minister shall submit theprogramme of his Government. The People’s Assembly is entitled to discuss sucha programme.
ThePrime Minister, his deputies, the Ministers and their deputies may becomemembers of the People’s Assembly. Those of them who are not members may attendthe sessions and committee meetings of the Assembly.
ThePrime Minister and the Ministers shall have the right to be heard in theAssembly sessions and committee meetings whenever they ask for the floor. Theymay ask for the assistance of the highranking officials of their choice. Whentaking votes a minister shall have no counted vote unless he is a member.
ThePresident of the Republic shall not dissolve the People’s Assembly unless itis necessary and after a referendum of the People. In such a case, the Presidentof the Republic shall issue a decision terminating the sessions of the Assemblyand conducting a referendum within thirty days. If the total majority of thevoters approve the dissolution of the Assembly, the President of the Republicshall issue the decision of dissolution. The decision dissolving the Assemblyshall comprise an invitation to the electors to conduct new elections for thePeople’s Assembly within a period not exceeding sixty days from the date ofthe declaration of the referendum results. The new Assembly shall convene duringa period of ten days following the completion of elections.
Chapter3. The Executive
Section1. The President of the Republic
ThePresident of the Republic shall assume executive power and shall exercise it inthe manner stipulated in the Constitution.
ThePresident of the Republic may appoint one or more Vice-Presidents define theirjurisdiction and relieve them of their posts. The rules relating to the callingto account of the President of the Republic shall be applicable to theVice-Presidents.
ThePresident of the Republic may appoint one or more Vice-Presidents define theirjurisdiction and relieve them of their posts. The rules relating to the callingto account of the President of the Republic shall be applicable to theVice-Presidents.
Beforeexercising his functions the Vice-President of the Republic shall take thefollowing oath before the President of the Republic : " I swear by AlmightyGod to uphold the Republican system with loyalty to respect the Constitution andthe Law, to look after the interests of the People in full and to safeguard theindependence and territorial integrity of the motherland."
ThePresident of the Republic shall appoint the Prime Minister, his deputies, theMinisters and their deputies and relieve them of their posts.
ThePresident of the Republic shall have the right to convoke the Cabinet and toattend its meetings. He shall also preside over the meetings he attends and isentitled to demand reports from the Ministers.
ThePresident of the Republic shall appoint the civil and military officials, andthe diplomatic representatives and dismiss them in the manner prescribed by thelaw. He shall also accredit the diplomatic representatives of foreign states.
ThePresident of the Republic shall issue the necessary regulations for theimplementation of the laws in the manner that would not modify, delay, or exemptthem from execution. He shall have the right to vest others with authority toissue them. The law may determine whoever issues the decision requisite for itsimplementation.
ThePresident of the Republic shall issue control regulations.
ThePresident of the Republic shall issue the decisions necessary for establishingand organizing public services and administrations.
Incase it becomes necessary during the absence of the People’s Assembly, to takemeasures which cannot suffer delay, the President of the Republic shall issuedecisions in this respect which have the force of law. Such decisions must besubmitted to the People’s Assembly, within fifteen days from the date ofissuance if the Assembly is standing or at its first meeting in case of thedissolution or recess of the Assembly. If they are not submitted, their force oflaw disappears with retroactive effect without having to take a decision to thiseffect. If they are submitted to the Assembly and are not ratified, their forceof law disappears with retroactive effect, unless the Assembly has ratifiedtheir validity in the previous period or settled their effects in another way.
ThePresident of the Republic shall proclaim a state of emergency in the mannerprescribed by the law. Such proclamation must be submitted to the People’sAssembly within the subsequent fifteen days to take a decision upon it. In casethe People’s Assembly, is dissolved the matter shall be submitted to the newAssembly at its first meeting. The state of emergency in all cases, shall be fora limited period, which may not be extended unless by approval of the Assembly.
ThePresident of the Republic shall have the right of granting amnesty or commutinga sentence. General Amnesty can only be granted by virtue of a law.
ThePresident of the Republic shall be Supreme Commander of the Armed Forces. Heshall have the authority to declare war after the approval of the People’sAssembly.
ThePresident of the Republic shall conclude treaties and communicate them to thePeople’s Assembly, accompanied with suitable clarifications. They shall havethe force of law after their conclusion, ratification and publication accordingto the established procedure. However, peace treaties, alliance pacts,commercial and maritime treaties and all other treaties involving modificationsin the territory of the State or having connection with the rights ofsovereignty, or which lay upon the treasury of the State certain charges notincluded in the budget, must acquire the approval of the People’s Assembly.
ThePresident of the Republic may call a referendum of the People on importantmatters related to the supreme interests of the country.
SectionIII. The Government
TheGovernment shall be the supreme executive and administrative organ of the State.It shall be composed of the Prime Minister, his Deputies, the Ministers andtheir Deputies. The Prime Minister shall supervise the work of the Government.
Whoeveris appointed Minister or Deputy Minister must be an Egyptian, no less than 35Gregorian years of age, and enjoying full civil and political rights.
Beforeexercising their functions, the members of the cabinet shall take the followingoath before the President of the Republic: " I swear by Almighty God touphold the Republican system with loyalty, to respect the Constitution and thelaw to look after the interests of the People in full and to safeguard theindependence and territorial integrity of the motherland."
TheCabinet shall exercise in particular the following functions:- a) Laying downthe general policy of the State in collaboration with the President of theRepublic and controlling its implementation in accordance with the laws andrepublican decrees. b) Directing, co-ordinating and following up the work of theministries and their different administrations as well as public organizationsand institutions. c) Issuing administrative and executive decisions inaccordance with the laws and decrees and supervising their implementation. d)Preparing draft laws and decrees. e) Preparing the draft of the general budgetof the State. f) Preparing the draft of the State’s overall plan. g)Contracting and granting loans in accordance with the rules of the Constitution.h) Supervising the implementation of law, maintaining State security andprotecting the rights of the citizens and the interests of the State .
TheMinister shall be the administrative supreme chief of his ministry. He shallundertake the laying down of the Ministry’s policy within the limits of theState’s General Policy and shall undertake its implementation .
Duringthe term of his office, the Minister shall not practise any free profession, acommercial, or financial or industrial occupation, buy or rent any Stateproperty or lease or sell to or barter with the State any of his own property .
ThePresident of the Republic and the People’s Assembly shall have the right tobring a Minister to trial for crimes committed by him in the performance of hisduties or due to them . The decision of the People’s Assembly to charge aMinister shall be adopted upon a proposal submitted by at least one-fifth of itsmembers . No indictment shall be issued except by a majority of two-thirds ofthe members of the Assembly .
Anyminister indicted shall be suspended from his duties until his case is decided .The termination of his services shall not prevent legal action being taken orpursued against him . The trial of minister, the procedures and guarantees ofthe trial, and the indictment shall be in accordance with the manner prescribedby the law . These rules shall be applicable to Deputy Ministers .
SectionIII. Local Administration
TheArab Republic of Egypt shall be divided into administrative units, enjoyinglegal person among which shall be governorates, cities and villages. Otheradministrative units may be established having legal person when required bycommon interest.
LocalPeople’s Councils shall be gradually formed, on the level of administrativeunits by direct election half the members of whom must be farmers or workers.The law shall provide for the gradual transfer of authority to the localPeople’s Councils . Presidents and Vice-Presidents of the Councils shall beelected from among their members.
Thelaw shall determine the way of forming the local People’s Councils, theircompetences, their financial resources, the guarantees for their members theirrelation to the People’s Assembly and to the Government as well as their rolein preparing and implementing the development plan in controlling variousactivities.
Section IV.National Specialized Councils
NationalSpecialized Councils shall be established on a national level, to assist inplanning the general policy of the State in all the domains of nationalactivities. These Councils shall be under the President of the Republic. Theformation and functions of each council shall be defined by a presidentialdecree.
ChapterIV. The Judiciary Authority
TheJudiciary Authority shall be independent. It shall be exercised by courts ofjustice of different sorts and competences. They shall issue their judgments inaccordance with the law .
Judgesshall be independent, subject to no other authority but the law. No authoritymay intervene in judiciary cases or in the affairs of justice.
Thelaw shall determine the judiciary organization and their competences, and shallorganize the way of their formation and prescribe the conditions and measuresfor the appointment and transfer of their members .
Thestatus of judges shall be irrevocable. The law shall regulate the disciplinaryactions with regard to them.
Thesessions of courts shall be public, unless a court decides to hold them incamera for considerations of public order or morality. In all cases, judgmentsshall be pronounced in public sessions.
Thepeople shall contribute to maintaining justice in accordance with the manner andwithin the limits prescribed by law.
Thelaw shall regulate the organization of the State Security Courts and shallprescribe their competences and the conditions to be fulfilled by those whooccupy the office of judge in them.
TheState Council shall be an independent judiciary organization competent to takedecisions in administrative disputes and disciplinary cases. The law shalldetermine its other competences.
ASupreme Council, presided over by the President of the Republic shall supervisethe affairs of the judiciary organizations. The law shall prescribe itsformation, it competences and its rules of action. It shall be consulted withregard to the draft laws organizing the affairs of the judiciary organizations.
ChapterV. The Supreme Constitutional Court
TheSupreme Constitutional Court shall be an independent judiciary body in the ArabRepublic of Egypt, and having its seat in Cairo.
TheSupreme Constitutional Court alone shall undertake the judicial control inrespect of the constitutionality of the laws and regulations and shall undertakethe interpretation of the legislative texts in the manner prescribed by law .The law shall prescribe the other competences of the court, and regulate theprocedures to be followed before it.
Thelaw shall organize the way of formation of the Supreme Constitutional Court, andprescribe the conditions to be fulfilled by its members, their rights andimmunities.
Thestatus of the members of the Supreme Constitutional Court shall be irrevocable .The Court shall call to account its members, in the manner prescribed by law.
Thejudgments issued by the Supreme Constitutional Court in constitutional cases,and its decisions concerning the interpretation of legislative texts shall bepublished in the Official Gazette. The law shall organize the effects subsequentto a decision concerning the unconstitutionality of a legislative text
ChapterVI.The Socialst Public Prosecutor
TheSocialist Public Prosecutor shall be responsible for taking the measures whichsecure the people’s rights, the safety of the society and its politicalregime, the preservation of the socialist achievements and commitment tosocialist behavior. The law shall prescribe his other competences. He shall besubject to the control of the People’s Assembly in accordance with what isprescribed by law .
ChapterVII. The Armed Forces and the National Defense Council
TheState alone shall establish the Armed Forces, which shall belong to the people.Their task shall be to protect the country, safeguard its territory and security,and protect the socialist achievements of popular struggle. No organization orgroup may establish military or semi military formations. The law shallprescribe the conditions of service and promotion for the armed forces.
Generalmobilization shall be organized in accordance with the law .
ACouncil named " The National Defense Council " shall be establishedand presided over by the President of the Republic. It shall undertake theexamination of matters pertaining to the methods ensuring the safety andsecurity of the country. The law shall establish its other competences.
Thelaw shall organize military judicature, prescribe its competences within thelimits of the principles prescribed by the Constitution .
ChapterVIII. The Police
Policeauthority shall be a civil disciplinary body. Its Supreme Chief shall be thePresident of the Republic . Police Authority shall perform its duty in theservice of the people maintain peace and security for the citizens, preserveorder, public security and morality, and undertake the implementation of theduties imposed upon it by laws and regulations, in the manner prescribed by thelaw .
PartVI.General and Transitional Provisions
Thecity of Cairo shall be the capital of the Arab Republic of Egypt.
Thelaw shall prescribe the Egyptian flag and the provisions relating thereto, aswell as the state emblem and the provisions relating thereto .
Provisionsof the laws shall apply only from the date of their entry into force and shallhave no retroactive effect. However, provisions to the contrary may be made, inother than criminal matters, with the approval of the majority of the members ofthe People’s Assembly.
Alllaws shall be published in the Official Gazette within two weeks from the dateof their issuance. They shall be put into force a month after the date followingtheir publication unless another date is fixed for that
ThePresident of the Republic as well as the People’s Assembly may request theamendment of one or more of the articles of the Constitution. The articles to beamended and the reasons justifying such amendments shall be mentioned in therequest for amendment . If the request emanates from the People’s Assembly, itshould be signed by at least one third of the Assembly members . In all cases,the Assembly shall discuss the amendment in principle, and the decision in thisrespect shall be taken by the majority of its members. If the request isrejected, the amendment of the same particular articles may not be requestedagain before the expiration of one year from the date of such rejection. If thePeople’s Assembly approves an amendment, in principle, the articles requestedto be amended shall be discussed two months after the date of the said approval.If the amendment is approved by two thirds of the members of the Assembly, itshall be referred to the people for a plebiscite. If it is approved by thepeople it shall be considered in force from the date of the announcement of theresult of the plebiscite.
Theterm of the present President of the Republic shall be terminated at the end ofsix years from the date of announcing his election as President of the ArabRepublic of Egypt.
Allthe provisions of the laws and regulations prior to the proclamation of thisConstitution shall remain valid and in force. However, they may be repealed oramended in conformity with the rules and procedures stipulated in thisConstitution.
TheSupreme Court shall exercise its competences prescribed in the law establishingit, until the Supreme Constitutional Court is formed.
ThisConstitution shall be in force as from the date of announcing the approval ofthe people in this respect in the referendum.
PartVII. New Provisions
Chapter1. The Shoura Assembly
TheShoura Assembly is concerned with the study and proposal of what it deemsnecessary to preserve the principles of the July 23,1952 Revolution and the May15, 1971 Revolution, to consolidate national unity and social peace, to protectthe alliance of the working forces of the people and the socialist gains as wellas the basic constituents of society, its supreme values, its rights andliberties and its public duties, and to deepen the democratic socialist systemand widen its scope .
TheShoura Assembly shall be consulted in the following: 1- Proposals for theamendment of one or more articles of the Constitution. 2- Draft lawscomplementary to the Constitution. 3- Draft of the general plan for social andeconomic development. 4- Peace treaties, alliances and all treaties affectingthe territorial integrity of the State or those concerning sovereignty rights.5- Draft laws referred to the Assembly by the President of the Republic. 6-Whatever matters referred to the Assembly by the President of the Republicrelative to the general policy of the State or its policy regarding Arab orforeign affairs. 7- The Assembly shall submit to the President of the Republicand the People's Assembly its opinion on such matters.
TheShoura Assembly shall be composed of a number of members defined by the law, notless than 132 members . Two thirds of the members shall be elected by directsecret public balloting, half of whom at least must be workers and farmers . ThePresident of the Republic shall appoint the other third .
Thelaw shall determine the electoral constituencies of the Shoura Assembly thenumber of members in every constituency, and the necessary conditions thatshould be fulfilled by the elected or appointed members of the Shoura Assembly .
Theterm of the membership of the Shoura Assembly is six years. The election and theappointment of 50% of the total number of the members, should be renewed everythree years as defined by law . It is always possible to re-elect or re-appointthose whose term of membership has expired .
TheShoura Assembly shall elect a Speaker and two Deputy Speakers at its firstordinary annual session for a period of the three years . If one of theseoffices becomes vacant , the Assembly shall elect a successor for the rest ofthe term .
Nomember can hold office in both the People’s Assembly and the Shoura Assemblyat one and the same time.
ThePrime Minister and his Deputies , the Ministers and government officials shallnot be held responsible to the Shoura Assembly.
ThePresident of the Republic has the right to make a statement upon the generalpolicy of the State or upon any other matter before a joint meeting of thePeople’s Assembly and the Shoura Assembly, headed by the Speaker of the People’s Assembly. The President of the Republic has the right to make whateverstatements he wishes before the Shoura Assembly.
ThePrime Minister and the Ministers and other government officials may makestatements before the Shoura Assembly or before one of its committees upon asubject that comes within their competence. The Prime Minister and his Deputiesand Ministers and other government officials shall be heard by the ShouraAssembly and its committees upon their request, and they may seek the assistanceof any government officials, as they see fit. However, any minister orgovernment official shall not have a counted vote unless he is a member.
ThePresident of the Republic may not dissolve the Shoura Assembly except in case ofthe necessity , while such a decision should comprise an invitation to electorsto hold new elections for the Shoura Assembly within a period of the sixty daysfrom the date of its dissolution . The Assembly shall hold its first meetingwithin ten days from the date of its election.
TheProvisions included in the following articles of the Constitution shall apply tothe Shoura Assembly: (89,90,100,101,102,104,105,106,107,129,130,134), insofar asthey are not incompatible with the provisions cited in this chapter. The ShouraAssembly and its Speaker shall exercise the competences specified in theaforementioned articles.
Chapter2. The Press Authority
Thepress is a popular, independent authority exercising its vocation in the mannerstipulated in the Constitution and the law.
ThePress shall exercise its vocation freely and independently in the service ofsociety through all the means of expression .It shall thus interpret the trendof public opinion, while contributing to its information and orientation withinthe framework of the basic components of society, the safeguard of liberties,rights and public duties and the respect of the sanctity of the private lives ofthe citizens, as stipulated in the Constitution and defined by law.
Thefreedom of the press is guaranteed and press censorship is forbidden. It is alsoforbidden to threaten, confiscate or cancel a newspaper through administrativemeasures, as stipulated in the Constitution and defined by the law.
Thefreedom of legal persons whether public or private , or political parties topublish or own newspapers is safeguarded in accordance with the law. Thefinancing and ownership of newspapers and the funds belonging to them, comeunder the supervision of the people, as stipulated in the Constitution anddefined by law.
Journalistshave the right to obtain news and information according to the regulations setby law. Their activities are not subject to any authority other than the law.
ASupreme Press Council shall deal with matters concerning the press . The lawshall define its formation, competences and its relationship with the stateauthorities. The Supreme Press Council shall exercise its competences with aview to consolidating the freedom of the press and its independence, to upholdthe basic foundations of society, and to guarantee the soundness of nationalunity and social peace as stipulated in the Constitution and defined by law.
Source:Araba Republic of Egypt - http://www.parliament.gov.eg