Saturday, November 5, 2011

High Court Judge: supra-constitutional principles show military's intentions to control new constitution

Tarek El Bishary


State Council Judge Tarek El-Bishry attacked the supra-constitutional principles law suggested by Deputy Prime Minister for Political Affairs Ali El-Selmi in an interview aired on Al-Jazeera Mubashar Misr channel Thursday night.
The high-level judge argues that it contradicts the referendum that approved a set of constitutional amendments in March.
With Egypt’s ruling military junta pushing for the supra-constitutional regulations, El-Bishry adds that the document reveals the military’s intentions to control the re-writing of the constitution. Considering that the constitution was dented by the regime for it's purposes, work on a new constitution is expected to start once a parliament is elected.
El-Bishry insists that the junta, known as the Supreme Council of the Armed Forces (SCAF), can’t change any article in the constitutional declaration except through a new referendum.
His arguments were inherently based on the idea that constitutions, in general, are the last authority; supreme above any other institution.
Because Turkey is a popular model in political discourse, El-Bishry pointed out that the military’s supervision of civilian authorities was a failure and further likened that military imposition in Turkey to Egypt's Supreme Council of the Armed Forces’ (SCAF) involvement in politics.
The illegitimacy of the supra-constitutional principles should technically make it easy to win in an appeal in administrative courts, he says.
Its illegitimacy should technically make it easy to win in an appeal against the supra-constitutional regulations in administrative courts, he says. Neither elected parliament nor the new provisional assembly - which will draft a new constitution - should be subjected to these supra-constitutional regulations.
Judge Tarek El-Bishry was among the legal commission that prepared the constitutional amendments, as well the constitutional declaration issued in March 2011.
Deputy Prime Minister Ali El-Selmi proposed supra-constitutional principles that give SCAF authority over elected authorities. A variety of political powers have been sharply criticising the attempts and reject the idea altogether.
On Thursday El-Selmi mentioned that controversial articles are open for discussion and can be amended.

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