Comparison of Egypt's suspended and draft constitutions

Comparison of Egypt's suspended and draft constitutions

Members of Egypt's constituent assembly (29 November 2012)

Members of Egypt's constituent assembly (29 November 2012)

Egypt's Islamist-dominated constituent assembly has approved a controversial draft of the country's new constitution in a session boycotted by most liberals, secularists and Christians.

Critics have warned the draft could impose a more Islamic system on Egypt, and that it fails to guarantee the equality of men and women.

The BBC News website compares the 1971 constitution, which was suspended following the overthrow of Hosni Mubarak in February 2011, and the draft charter, which must be passed by a popular referendum.

1971 constitution (suspended) 2012 draft constitution

Identity of the state: "The Arab Republic of Egypt is a democratic state based on citizenship.

The Egyptian people are part of the Arab Nation and work for the realisation of its

comprehensive unity."

Identity of the state: "The Arab Republic of Egypt is an independent state with unified sovereignty that cannot be divided. Its system is democratic. The Egyptian nation is a part of the Arabic and Islamic nations (Umma). It is proud to belong to the Basin of the Nile and Africa, as well as of its Asian extensions."

Islam and Sharia (Islamic law): Article 2 says: "Islam is the religion of the state and Arabic is its official language. The principles of Sharia are the main source of legislation."

Islam and Sharia: Article 2 stays as it is, but Article 219 is new. It states: "The principles of Sharia include general evidence and foundations, rules and jurisprudence as well as sources accepted by doctrines of Sunni Islam and the majority of Muslim scholars."

Religious minorities: No article in the old constitution.

Religious minorities: "The principles of the legislations for Christian and Jewish Egyptians are the main source of legislation that organises their civil status and religious affairs."

Religion: "The state shall guarantee the freedom of belief and the freedom of practice of religious rites."

Religion: Article 43 says: "The state shall guarantee the freedom of faith and the freedom of practice of religious rites and the right to establish worshipping places for monotheist religions based on law"; Article 44 adds: "Insulting prophets and messengers is forbidden"; but Article 45 states: "Freedom of opinion and thought is guaranteed. Every person has the right to express his opinion orally or in writing, pictures or other means of publication and expression."

Al-Azhar: No mention of al-Azhar University or its scholars was included in the 1971 constitution.

Al-Azhar: "Al-Azhar is an independent and a comprehensive entity. It takes the task of preaching Islam in Egypt and in the whole world. Scholars of al-Azhar should be consulted in all matters related to Sharia."

Democracy and Shura (consultation): "The political system is based on pluralism."

Democracy and Shura (consultation): "The political system is based on principles of democracy and on Shura."

Women: Article 10 says: "The state shall guarantee the protection of motherhood and childhood, take care of children and youth and provide suitable conditions for the development of their talents"; Article 11 adds: "The state shall guarantee the proper balance between the duties of women towards the family and their work in society, considering their equal status with men in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence."

Women: The new Article 10 says: "The state shall provide motherhood and childhood services for free. It shall also guarantee co-ordination between the duties of the woman and her public work. The state shall provide protection and care for the divorced and widowed woman".

Article 30 states that "citizens are equal before the law and equal in rights and obligations without discrimination", but there is no explicit guarantee of women's rights.

Rights and freedoms: The chapter of rights and freedoms included 24 articles.

Rights and freedoms: The new constitution includes 51 articles on personal rights, political and moral rights, economic and social rights, guarantees for protecting rights and freedoms.

The new Article 73 says: "Enforced employment, slavery and sex trade are deemed acts punishable by law." The draft does not not include a clear ban on human trafficking or an obligation to adhere to international rights treaties.

Military: No article in the old constitution.

Military: "It is not allowed to try civilians before military tribunals unless in cases for crimes that damage the armed forces."

Media: No article in the old constitution.

Media: Article 48 states: "Media organisations cannot be suspended, closed or their assets be confiscated unless there is a judicial decree"; Article 49 adds: "Notification only is required to launch and own newspapers."

Judiciary: No article in the old constitution.

Judiciary: "The Supreme Constitutional Court is formed of a president and 10 members." It currently has a president and 18 members.

Presidential mandate: "The mandate of the president is six years, starting from the results of the elections; the president can be re-elected for an unlimited number of new terms."

Presidential mandate: "The mandate of the president is four years starting from the results of the elections; the president can only be re-elected for a second term, not more."

Political ban on the former ruling National Democratic Party (NDP): Article 232 says: "Leaders of the dissolved NDP are banned from all political activities, or from running for presidential or legislative elections for 10 years, from the day when this constitution is adopted in a referendum. Those who are considered 'leaders' are all members of the general secretariat of the NDP, members of the political bureau, political committee, and MPs during the last two legislative sessions pre-revolution."

BBC

Posted December 09, 2012 by Kamal Nawash | 3 Comments

Comments

Well first of all the A.O.C. were the Original idea for how the united sattes of america would be governed. But once they found out that they were a weak form of government congress (and every one els) decided to throw them out, so they went to work on a new form of government. Eventually America was split up into two different people Federalist and Anti-Federalist. The federalist wanted a strong central government and the Anti wanted a weak central government. Eventually they agreed to come up with the Constitution, and afterwords the Bill of rights. The main difference is that the A.O.C. were a weak and unsuccessful goverment.But the summary of the A.O.C. is ..Establishes the name of the confederation as The United States of America. Asserts the equality of the separate sattes with the confederation government, i.e. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated. Establishes the United States as a new nation, a sovereign union of sovereign sattes, united . . . for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them . . . , while declaring that the union is perpetual, and can only be altered by approval of Congress with ratification by all the state legislatures. Establishes freedom of movement–anyone can pass freely between sattes, excluding paupers, vagabonds, and fugitives from justice. All people are entitled to the rights established by the state into which he travels. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed. Allocates one vote in the Congress of the Confederation (United States in Congress Assembled) to each state, which was entitled to a delegation of between two and seven members. Members of Congress were appointed by state legislatures; individuals could not serve more than three out of any six years. Only the central government is allowed to conduct foreign relations and to declare war. No sattes may have navies or standing armies, or engage in war, without permission of Congress (although the state militias are encouraged). When an army is raised for common defense, colonels and military ranks below colonel will be named by the state legislatures. Expenditures by the United States will be paid by funds raised by state legislatures, and apportioned to the sattes based on the real property values of each.Defines the powers of the central government: to declare war, to set weights and measures (including coins), and for Congress to serve as a final court for disputes between sattes. Defines a Committee of the States to be a government when Congress is not in session. Requires nine sattes to approve the admission of a new state into the confederacy; pre-approves Canada, if it applies for membership. Reaffirms that the Confederation accepts war debt incurred by Congress before the Articles.

Posted January 12, 2013 by Tamta

In many ways, the Articles of Confederation can be considered the first United States csoutitntion. Adopted by the Continental Congress on November 15, 1777 and ratified by all 13 original states in 1781, the Articles created a union of sovereign states. By 1787, the Constitutional Convention was convened and ultimately, what is still today known as the United States Constitution was approved and replaced the Articles of Confederation. In this research, these two pivotal documents will be compared and contrasted in an effort to understand and appreciate them both.The Articles of Confederation and ConstitutionQuite literally, the Articles of Confederation provide for a confederation of states, which is to say that the document took what were individual colonies prior to the establishment of the United States and made them a union of states that still kept a level of individuality but were united by the common desire to stay independent of any foreign control, wished to be able to collect taxes from citizens to provide for the needs of the states, and to engage in commerce with other states. This was an excellent step in the right direction governmentally, but it was not enough. There needed to be a unification of the states in that provided for the ability for the states to be represented as a nation, to be protected as a nation, and to provide for the benefit of all citizens as a nation. Realizing this, the founding fathers who laid the groundwork of the US in the first place, moved forward with great caution, knowing that they needed to create a new legislative document but also knowing that it needed to be an improvement over the Articles if it were to be worthwhile. This is how the Constitution came into existence.

Posted January 13, 2013 by Phil

Well first of all the A.O.C. were the Original idea for how the united stetas of america would be governed. But once they found out that they were a weak form of government congress (and every one els) decided to throw them out, so they went to work on a new form of government. Eventually America was split up into two different people Federalist and Anti-Federalist. The federalist wanted a strong central government and the Anti wanted a weak central government. Eventually they agreed to come up with the Constitution, and afterwords the Bill of rights. The main difference is that the A.O.C. were a weak and unsuccessful goverment.But the summary of the A.O.C. is ..Establishes the name of the confederation as The United States of America. Asserts the equality of the separate stetas with the confederation government, i.e. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated. Establishes the United States as a new nation, a sovereign union of sovereign stetas, united . . . for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them . . . , while declaring that the union is perpetual, and can only be altered by approval of Congress with ratification by all the state legislatures. Establishes freedom of movement–anyone can pass freely between stetas, excluding paupers, vagabonds, and fugitives from justice. All people are entitled to the rights established by the state into which he travels. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed. Allocates one vote in the Congress of the Confederation (United States in Congress Assembled) to each state, which was entitled to a delegation of between two and seven members. Members of Congress were appointed by state legislatures; individuals could not serve more than three out of any six years. Only the central government is allowed to conduct foreign relations and to declare war. No stetas may have navies or standing armies, or engage in war, without permission of Congress (although the state militias are encouraged). When an army is raised for common defense, colonels and military ranks below colonel will be named by the state legislatures. Expenditures by the United States will be paid by funds raised by state legislatures, and apportioned to the stetas based on the real property values of each.Defines the powers of the central government: to declare war, to set weights and measures (including coins), and for Congress to serve as a final court for disputes between stetas. Defines a Committee of the States to be a government when Congress is not in session. Requires nine stetas to approve the admission of a new state into the confederacy; pre-approves Canada, if it applies for membership. Reaffirms that the Confederation accepts war debt incurred by Congress before the Articles.

Posted January 13, 2013 by Michel

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