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Abstract
This article considers the making of Egypt's post-Mubarak constitution after considering the fact that participatory constitution-making is accepted as a democratic norm allowing citizens to be involved in the creation of their constitution and their future. The author argues that the process by which a constitution is made is crucial for the framing and legitimising of that constitution. Therefore, political elites and state institutions should not wholly control the process. The views of two schools of thought – idealism and realism – are considered. These views, together with the influence of the state and the concept of participation of the citizenry in the constitution-making process, are measured against international law requirements and further applied in a critical evaluation of Egypt's constitution-making process from 2011 to 2014.
Acknowledgement
This article is developed from a paper presented at the European Conference on African Studies, 8–12 July 2015 in Paris, France. The author appreciates and acknowledges the financial support from the South African National Research Foundation.
Notes on contributor
Ifeoma Laura Owosuyi LLB (UNIBEN), BL (Nigerian Law School), LLM (Dundee) is a doctoral candidate at North-West University, Potchefstroom Campus.
ORCID
Ifeoma Laura Owosuyi http://orcid.org/0000-0002-0674-9026
Notes
1 Olivier M, ‘The emergence of a right to democracy’, in Panara C and Wilson G (eds) The Arab Spring – New Patterns of Democracy and International Law. Leiden: Martinus Nijhoff, 2013, pp. 46–7; Eric Goldstein, ‘Before the Arab Spring: The Unseen Thaw’, 2012, https://www.hrw.org/world-report/2012/country-chapters/middle-east/north-africa-global (accessed 5 June 2015). The revolutions commonly referred to as ‘Arab Spring’ was triggered in December 2010 in Tunisia, when a street trader – Mohammed Bouazizi – set himself alight in front of a government building in protest against humiliation by government officials.
2 Banks AM, ‘Participatory constitution making in post-conflict states’, Faculty Publications Paper 124, 2007, p. 138, http://scholarship.law.wm.edu/facpubs/124
3 See Guidance Note of the United Nations Secretary General, ‘United Nations Assistance in Constitution-making Processes’, April 2009, http://www.refworld.org/pdfid/52ca74314.pdf (accessed 16 June 2015); Klug H, ‘Constitution-making, democracy and the “civilizing” of irreconcilable conflict: What might we learn from the South African miracle?’, Wisconsin International Law Journal, 25.2, 2007, pp. 269–300.
4 Ihonvbere JO, ‘How to make an undemocratic constitution: The Nigerian example’, Third World Quarterly, 21.2, 2000, pp. 344–66.
5 As observed by Elster, new constitutions are almost always written in the aftermath of a crisis or some extreme situations of some sort just as witnessed in the Arab Spring see Elster J, ‘Forces and mechanisms in the constitution-making process’, Duke Law Journal, 45.2, 1995, p. 369.
6 Klug H, ‘South Africa's experience in constitution-building’, University of Wisconsin Law School Legal Studies Research Paper Series, 1157, 2012, p. 16, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1808168 (accessed 24 March 2016).
7 Gluck J & M Brandt, ‘Participatory and inclusive constitution-making: Giving voice to the demands of the citizens in the wake of the Arab Spring’, 29 January 2015, United States Institute of Peace, http://www.usip.org/publications/participatory-and-inclusive-constitution-making (accessed 1 May 2015).
8 See generally Klug H, ‘Constitution-making, democracy and the “civilizing” of irreconcilable conflict: What might we learn from the South African miracle?’, Wisconsin International Law Journal, 25.2 2007, pp. 269–99; Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 239, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015); Ebrahim H, K Fayemi & S Loomis, ‘Promoting a culture of constitutionalism and democracy in Commonwealth Africa’, 1999, Commonwealth Human Rights Initiative, http://www.humanrightsinitiative.org/publications/const/constitutionalism_booklet_1999.pdf (accessed 13 May 2015).
9 Grundnorm is a German word meaning ‘fundamental norm’. The jurist and legal philosopher Hans Kelsen (1881–1973) coined the term to refer to the fundamental norm, order, or rule that forms an underlying basis for a legal system. See generally, Kelsen H, Pure Theory of Law, translated from the 2nd revised and enlarged German edition by Max Knight. Berkeley, CA: University of California Press, 1970.
10 Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, pp. 232–49, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015).
11 Abioye F, ‘Constitution-making, legitimacy and rule of law’, Comparative and International Journal of Southern Africa, XLIV, 2011, pp. 65, 72.
12 Ibid., p. 65.
13 Banks AM, ‘Participatory constitution making in post-conflict states’, Faculty Publications Paper, 124, 2007, p. 138, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1130&context=facpubs
14 Dann P et al., ‘Lessons learned from constitution-making: Processes with broad based public participation’, 20 November 2011, pp. 1–2, http://democracy-reporting.org/files/dri_briefingpaper_20.pdf#search=Dann%20P%20et%20al (accessed 20 February 2015).
15 See Article 38 of the 1946 Statute of the International Court of Justice (ICJ).
16 Strydom H and Hopkins L, ‘International law’, in Woolman S & M Bishop (eds) Constitutional Law of South Africa. Loose leaves, 2nd edn. Cape Town: Juta, pp. 30–34.
17 Strydom H and Hopkins L, ‘International law’, in Woolman S & M Bishop (eds) Constitutional Law of South Africa. Loose leaves, 2nd edn. Cape Town: Juta, pp. 30–34; Dugard J, International Law: A South African Perspective, 3rd edn. Lansdowne: Juta, 2005, pp. 29–31; Thirlway H, ‘The sources of international law’, in Evans MD (ed.) International Law, 1st edn. Oxford: Oxford University Press, pp. 124–5.
18 1950 ICJ Reports 266 at 277.
19 Dugard J, International Law: A South African Perspective, 3rd edn. Lansdowne: Juta, 2005, p. 30; Thirlway H, ‘The sources of international law’, in Evans MD (ed.) International Law, 1st edn. Oxford: Oxford University Press, p. 125; Strydom H and Hopkins L, ‘International law’, in Woolman S & M Bishop (eds) Constitutional Law of South Africa. Loose leaves, 2nd edn. Cape Town: Juta, pp. 30–34.
20 Dugard J, International Law: A South African Perspective, 3rd edn. Lansdowne: Juta, 2005, p. 27.
21 See Boyle A & C Chinkin, The Making of International Law. Oxford: Oxford University Press, 2007, pp. 3–4.
22 See generally, Frank TM, ‘The emerging right to democratic governance’, American Journal of International Law, 86, 1992, pp. 46–91, at p. 47; Marks S, ‘What has become of the emerging right to democratic governance?’, The European Journal of International Law, 22.2, 2011, pp. 507–24 at p. 508.
23 Frank TM, ‘The emerging right to democratic governance’, American Journal of International Law, 86, 1992, p. 50.
24 Ibid., pp. 50–52.
25 Ibid., p. 52. See also Chapter VI, United Nations, http://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_chapter6.pdf (accessed 23 April 2016).
26 Frank TM, ‘The emerging right to democratic governance’, American Journal of International Law, 86, 1992, p. 61.
27 Articles 18 and 31 of the Vienna Convention on the Law of Treaties 1969 may be employed to conclude a subsequent agreement between parties in the progress of the interpretation of a treaty or the application of its provisions; see also Hillgenberg H, ‘A fresh look at soft law’, The European Journal of International Law, 10.3, 1999, pp. 510–11, pp. 499–515.
28 Egypt ratified the convention on 14 January 1982. See United Nations Treaty Collection 2016, https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-4&chapter=4&lang=en (accessed 21 March 2016).
29 Article 1 of the ICCPR 1966. The text of the convention is available at https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf (accessed 5 July 2016).
30 Article 25 (a) of the ICCPR 1966.
31 The Human Rights Committee is established by article 28 of the ICCPR 1966. UN Human Rights Committee (HRC), ‘CCPR General Comment No. 25: Article 25 (Participation in Public Affairs and the Right to Vote), The Right to Participate in Public Affairs, Voting Rights and the Right of Equal Access to Public Service’, 12 July 1996, CCPR/C/21/Rev.1/Add.7, available at RefWorld http://www.refworld.org/docid/453883fc22.html accessed 16 March 2016.
32 Ibid.
33 Communication no. 205/1986, UN Doc CCPR/C/43/D/205/1986 (1991), para 5.3. For the text of this case see http://www1.umn.edu/humanrts/undocs/html/dec205.htm (accessed 1 June 2015). This decision is in line with article 25 (a) of the ICCPR 1966.
34 Banks AM, ‘Expanding participation in constitution making: Challenges and opportunities’, William & Mary Law Review, 49, 2008, pp. 1043–69, at p. 1043, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1137&context=wmlr (accessed 23 April 2016).
35 See Human Rights Committee, http://www1.umn.edu/humanrts/undocs/dec20543.pdf (accessed 23 April 2016).
36 Consideration of reports submitted by states parties under article 40 of the covenant: Concluding observations of the Human Rights Committee Bosnia and Herzegovina UN HRC Doc. CCPR/C/BIH/CO/1 (22 November 2006), para 8.
37 Regrettably, according to paragraph 6 of the Concluding Observations on the Second Periodic Report of Bosnia and Herzegovina, Adopted by the Committee at its 106th Session, UN HRC Doc. CCPR/C/BIH/C0/2 (13 November 2012), the Constitution and Election Law of the State party continued to exclude persons who do not belong to one of the state party's ‘constituent peoples’ and efforts to amend the Constitution had continued to stall such that elections held in October 2010 continued to exclude citizens from certain groups from participating in the elections. United Nations, http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR-C-BIH-CO-2.doc (accessed 23 April 2016).
38 Ibid.
39 Article 25 of the ICCPR 1966.
40 As inferred by article 25 of the ICCPR 1966; see also Dann P, et al., ‘Lessons learned from Constitution-making: Processes with broad based public participation’, 20 November 2011, p. 3 http://democracy-reporting.org/files/dri_briefingpaper_20.pdf#search=Dann%20P%20et%20al (accessed 20 February 2015).
41 CHRI ‘Recommendations to Commonwealth Heads of Government’ at the Consultation on Participatory Constitution-making held on 16–17 August 1999 at Holiday Inn Burgerspark, Pretoria, South Africa, available at Commonwealth Human Rights Initiative, http://www.humanrightsinitiative.org/publications/const/constitutionalism_booklet_1999.pdf (accessed 16 March 2016) (hereafter referred to as CHRI Recommendations to Commonwealth Heads of Government).
42 Paras 4.2 and 4.3 of the CHRI Recommendations to Commonwealth Heads of Government.
43 Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 241, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015).
44 Banks AM, ‘Participatory constitution making in post-conflict states’, Faculty Publications Paper, 124, 2007, p. 139, http://scholarship.law.wm.edu/facpubs/124
45 Franck TM & AK Thiruvengadam, ‘Norms of international law relating to the constitution-making process’, in Miller LE & L Aucoin (eds) Framing the State in times of Transition: Case Studies in Constitution Making. Washington DC: United States Institute of Peace Press, 2010, p. 9.
46 Ebrahim H, K Fayemi & S Loomis, ‘Promoting a culture of constitutionalism and democracy in Commonwealth Africa’, Commonwealth Human Rights Initiative, 1999, http://www.humanrightsinitiative.org/publications/const/constitutionalism_booklet_1999.pdf (accessed 13 May 2015).
47 Olivier M, ‘The emergence of a right to democracy’, in Panara C & G Wilson (eds) The Arab Spring – New Patterns of Democracy and International Law. Leiden: Martinus Nijhoff, 2013, p. 36
48 Ibid., p. 42.
49 Ibid., p. 45.
50 Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 243, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015)
51 Ibid.
52 As in the case of the US Philadelphia Convention which operated on the principle of strictest confidentiality.
53 Elster J, ‘Forces and mechanisms in the constitution-making process’, Duke Law Journal 45.2, 1995, p. 388.
54 Banks AM, ‘Expanding participation in constitution making: Challenges and opportunities’, William & Mary Law Review, 49, 2008, pp. 1043–69, p. 1043. http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1137&context=wmlr accessed 23 April 2016.
55 See Olivier L, Constitutional Review and Reform: And the Adherence to Democratic Principles in Constitutions in Southern African Countries. Johannesburg: Open Society Initiative for Southern Africa, 2007, pp. 10–11. The draft constitution prepared by the Attorney-General placed strong executive powers in the Office of the President, whilst limiting the powers of the Prime Minister.
56 Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 241, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015).
57 Articles 19–21 of UDHR, respectively.
58 Frank TM, ‘The emerging right to democratic governance’, American Journal of International Law, 86, 1992, pp. 46–91; Fox GH & BR Roth, ‘Democracy and international law’, Review of International Studies, 27, 2001, pp. 327–52; and Roland Rich, ‘Bringing Democracy into International Law’, Journal of Democracy, 12.3, 2001, pp. 20–34.
59 Olivier M, ‘The emergence of a right to democracy’, in Panara C & G Wilson (eds) The Arab Spring – New Patterns of Democracy and International Law. Leiden: Martinus Nijhoff, p. 33.
60 Ihonvbere JO, ‘How to make an undemocratic constitution: The Nigerian example’, Third World Quarterly, 21.2, 2000, pp. 348–9.
61 See generally, Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, pp. 234–44, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015); Dann P et al., ‘Lessons learned from constitution-making: Processes with broad based public participation’, 20 November 2011, pp. 1–9, http://democracy-reporting.org/files/dri_briefingpaper_20.pdf#search=Dann%20P%20et%20al (accessed 20 February 2015); Ebrahim H, K Fayemi & S Loomis, ‘Promoting a culture of constitutionalism and democracy in Commonwealth Africa’, 1999, Commonwealth Human Rights Initiative, http://www.humanrightsinitiative.org/publications/const/constitutionalism_booklet_1999.pdf (accessed 13 May 2015); Olivier L, Constitutional Review and Reform: And the Adherence to Democratic Principles in Constitutions in Southern African Countries. Johannesburg: Open Society Initiative for Southern Africa, 2007.
62 Dann P et al., ‘Lessons learned from constitution-making: Processes with broad based public participation’, 20 November 2011, pp. 3–4, http://democracy-reporting.org/files/dri_briefingpaper_20.pdf#search=Dann%20P%20et%20al (accessed 20 February 2015).
63 For more discussions on constitutional building see Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 235, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015)
64 Olivier L, Constitutional Review and Reform: And the Adherence to Democratic Principles in Constitutions in Southern African Countries. Johannesburg: Open Society Initiative for Southern Africa, 2007, p. 7.
65 Ibid., p. 22.
66 Ihonvbere JO, ‘How to make an undemocratic constitution: The Nigerian example’, Third World Quarterly, 21.2, 2000, pp. 347–8.
67 Dann P et al., ‘Lessons learned from constitution-making: Processes with broad based public participation’, 20 November 2011, pp. 4–5, http://democracy-reporting.org/files/dri_briefingpaper_20.pdf#search=Dann%20P%20et%20al (accessed 20 February 2015).
68 Ebrahim H, K Fayemi & S Loomis, ‘Promoting a culture of constitutionalism and democracy in Commonwealth Africa’, 1999, Commonwealth Human Rights Initiative, http://www.humanrightsinitiative.org/publications/const/constitutionalism_booklet_1999.pdf (accessed 13 May 2015).
69 Ihonvbere JO, ‘How to make an undemocratic constitution: The Nigerian example’, Third World Quarterly, 21.2, 2000, p. 347.
70 Act No. 200 of 1993.
71 See South African History Online, ‘The Interim South African Constitution’, http://www.sahistory.org.za/article/interim-south-african-constitution-1993 (accessed 27 April 2016).
72 See generally Klug H, ‘Participating in the design: Constitution-making in South Africa’, Review of Constitutional Studies, 3.1, 1996, pp. 18–59, at pp. 31–34, 37.
73 See South African History Online, ‘The Interim South African Constitution’ http://www.sahistory.org.za/article/interim-south-african-constitution-1993 (accessed 27 April 2016).
74 Klug H, ‘Participating in the design: Constitution-making in South Africa’, Review of Constitutional Studies, 3.1, 1996, pp. 34–7.
75 Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 237, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015)
76 The role of the court in Egypt's process of constitution-making will be further discussed in paragraph 4 of this article. See also Farouk Y, ‘Writing the constitution of the Egyptian Revolution: Between social contract and political contracting (March 2011–July 2013)’, November 2013, p. 18, http://www.arab-reform.net/writing-constitution-egyptian-revolution-between-social-contract-and-political-contracting (accessed 12 May 2015).
77 Hedayati-Kakhki MM, ‘Egyptian political transformations: Mubarak to the Military, the People and Morsi and Morsi to the Military and the People? – Transforming International Recognition of States and Governments?’, State Practice and International Law Journal, 2.1, 2015, pp. 23–42, at p. 35.
78 Olivier L, Constitutional Review and Reform: And the Adherence to Democratic Principles in Constitutions in Southern African Countries. Johannesburg: Open Society Initiative for Southern Africa, 2007, pp. 22–3.
79 Ihonvbere JO, ‘How to make an undemocratic constitution: The Nigerian example’, Third World Quarterly, 21.2, 2000, p. 346.
80 Ghai Y & G Galli, ‘Constitution building processes and democratization’, in International IDEA Handbook on Democracy, Conflict and Human Security: Further Readings, 2006, p. 237, http://www.idea.int/publications/dchs/upload/dchs_vol2_sec6_2.pdf (accessed 15 May 2015).
81 Turner C, ‘Transitional constitutionalism and the case of the Arab Spring’, International and Comparative Law Quarterly, 64.2, 2015, p. 284.
82 Ibid., pp. 284–5.
83 Lerner H, Making Constitutions in Deeply Divided Societies. Cambridge: Cambridge University Press, 2011, p. 30.
84 Turner C, ‘Transitional constitutionalism and the case of the Arab Spring’, International and Comparative Law Quarterly, 64.2, 2015, pp 284–286.
85 See generally, Global Non-violent Action Database ‘Egyptians bring down dictatorship of Hosni Mubarak, 2011’, 2011, http://nvdatabase.swarthmore.edu/content/egyptians-bring-down-dictatorship-hosni-mubarak-2011 (accessed 5 July 2016); Farouk Y, ‘Writing the constitution of the Egyptian Revolution: Between social contract and political contracting (March 2011–July 2013)’, November 2013, pp. 1–23, http://www.arab-reform.net/writing-constitution-egyptian-revolution-between-social-contract-and-political-contracting (accessed 12 May 2015).
86 Turner C, ‘Transitional constitutionalism and the case of the Arab Spring’, International and Comparative Law Quarterly, 64.2, 2015, p. 267. The military assumed power immediately after Mubarak was ousted and remained there until the election of Mohammad Morsi to the presidency in June 2012. See also Farouk Y, ‘Writing the constitution of the Egyptian Revolution: Between social contract and political contracting (March 2011–July 2013)’, November 2013, pp. 1–23, http://www.arab-reform.net/writing-constitution-egyptian-revolution-between-social-contract-and-political-contracting (accessed 12 May 2015).
87 Turner C, ‘Transitional constitutionalism and the case of the Arab Spring’, International and Comparative Law Quarterly, 64.2, 2015, p. 268.
88 Farouk Y, ‘Writing the constitution of the Egyptian Revolution: Between social contract and political contracting (March 2011–July 2013)’, November 2013, p. 4, http://www.arab-reform.net/writing-constitution-egyptian-revolution-between-social-contract-and-political-contracting (accessed 12 May 2015).
89 Abioye F, ‘Constitution-making, legitimacy and rule of law’, Comparative and International Journal of Southern Africa, XLIV, 2011, p. 65.
90 Ahram Online, ‘Egypt referendum results: 77.2 per cent say “Yes” to the amendments’, 20 March 2011, http://english.ahram.org.eg/News/8125.aspx (accessed 22 June 2015).
91 The text of the Constitutional Declaration can be accessed on the Egyptian Government's Website, http//www.egypt.gov.eg/English/laws/constitution (accessed 22 June 2015). The provision further provides that the draft constitution be presented within 15 days of its preparation to the people who will vote in a referendum on the matter.
92 The Islamist parties collectively won 70% of the seats in the People's Assembly and 85% of the seats in the Shura Council. See also Farouk Y, ‘Writing the constitution of the Egyptian Revolution: Between social contract and political contracting (March 2011–July 2013)’, November 2013, p. 9, http://www.arab-reform.net/writing-constitution-egyptian-revolution-between-social-contract-and-political-contracting (accessed 12 May 2015).
93 Partlett W, ‘Constitution-making by “We the Majority” in Egypt’, Brookings, 30 November 2012, http://www.brookings.edu/blogs/up-front/posts/2012/11/30-constitution-egypt-partlett (accessed 22 June 2015).
94 Ibid.
95 Buchanan K, ‘Egypt's new constitution: General overview of drafting history and content’, Library of Congress, 15 January 2013, http://blogs.loc.gov/law/2013/01/egypts-new-constitution-general-overview/ (accessed 22 June 2015).
96 Ibid; Farouk Y, ‘Writing the constitution of the Egyptian Revolution: Between social contract and political contracting (March 2011–July 2013)’, November 2013, p. 10, http://www.arab-reform.net/writing-constitution-egyptian-revolution-between-social-contract-and-political-contracting (accessed 12 May 2015).
97 For more on the effect of the closed system on the constitution-making process in Egypt in 2012, see Sherif Tarek, ‘Liberal Hamzawy seeks foreign help not interference in Egypt's constitution’, Ahram Online, 28 September 2012, http://english.ahram.org.eg/NewsContent/1/64/54089/Egypt/Politics-/Liberal-Hamzawyseeks-foreign-help-not-interferenc.aspx (accessed 20 June 2015).
98 Gluck J & M Brandt, ‘Participatory and inclusive constitution-making: Giving voice to the demands of the citizens in the wake of the Arab Spring’, 29 January 2015, United States Institute of Peace, http://www.usip.org/publications/participatory-and-inclusive-constitution-making (accessed 1 May 2015).
99 Ibid.
100 Ibid.
101 World Intellectual Property Organization, ‘Egypt, Constitutional Declaration of July 8, 2013’, http://www.wipo.int/wipolex/en/details.jsp?id=13116 (accessed 23 June 2015).
102 See Red Pepper online, ‘Egypt declares Nation-wide state of emergency’, 14 August 2013, http://www.redpepper.co.ug/egypt-declares-nationwide-state-of-emergency/ (accessed 27 April 2016).
103 Article 28 of the Declaration of 8 July 2013.
104 Article 29 of the Declaration of 8 July 2013. Following the military coup ousting President Mohammed Morsi from power, the alliance of the Muslim Brotherhood (of which the ousted President was a member) and some Islamists called for a restoration of the 2012 constitution and decried the 3 July regime change. They led weekly rallies and protests to condemn the coup leaders and the interim government. Their actions were perceived non-conforming to the new rule, hence they were excluded from the 2013 constitution-making process. See generally, Morsy A & N Brown, ‘Egypt's Al-Azhar steps forward’, 7 November 2013, http://carnegieendowment.org/2013/11/07/egypt-s-al-azhar-steps-forward-pub-53536 (accessed 5 July 2016); From the Editor, ‘In the name of God: Islam in politics and power’, Harvard International Review, 19.2, Spring 1997, p. 4, http://www.jstor.org/stable/42764018?seq=1#page_scan_tab_contents (accessed 5 July 2016).
105 Al-Azhar is a complex of Islamic schools, university faculties and research institutes. For more on Al-Azhar see Brown NJ, ‘Post-revolutionary Al-Azhar’, September 2011, http://carnegieendowment.org/files/al_azhar.pdf (accessed 5 July 2016).
106 For a detailed analysis of the status of SCC judges in the Egyptian context and the significance and consequences of their role in the 2013 constitution-making process see Walji A, ‘Constitution-making in Egypt: The role of constitutional court’, in Hamed A (ed.) Revolution as a Process: The Case of the Egyptian Uprising. Germany: EHV Academic Press, 2014, pp. 101–26.
107 Ibid., p. 113.
108 Brown NJ, ‘Egypt: A Constitutional Court in an unconstitutional setting’, 23 October 2013, http://www.constitutionnet.org/files/brown-egypt-a-constitutional-court-in-an-unconstitutional-setting.pdf (accessed 23 June 2015).
109 Article 29 of the Declaration of 8 July 2013.
110 Walji A, ‘Constitution-making in Egypt: The role of constitutional court’, in Hamed A (ed.) Revolution as a Process: The Case of the Egyptian Uprising. Germany: EHV Academic Press, 2014, p. 117.
111 Abdelaal M ‘Reforming the constitution of Egypt: An ugly institutional competition’, 25 March 2015, http://cjicl.org.uk/2015/03/25/reforming-the-constitution-of-egypt-an-ugly-institutional-competition/ (accessed 23 June 2015).
112 Kingsley P, ‘Egypt's new Constitution gets 98% “yes” vote’, The Guardian Online, 18 January 2014, http://www.theguardian.com/world/2014/jan/18/egypt-constitution-yes-vote-mohamed-morsi (accessed 23 June 2015).
113 Ibid.
114 For a detailed analysis of the role of the military in the political life of Egypt during and post-Mubarak era see Hedayati-Kakhki MM, ‘Egyptian political transformations: Mubarak to the Military, the People and Morsi and Morsi to the Military and the People? – Transforming International Recognition of States and Governments?’, State Practice and International Law Journal, 2.1 2015, pp. 23–42.