Part One is a Blogging heads video (can’t be embedded) featuring Elias Muhana, author of the Qifa Nabki blog, and Camille Otrakji. It is worth checking out the first interview between the two, which was widely read and attracted over 700 comments.
Part Two contains copies of the Egyptian and Syrian constitutions. It is really fascinating to compare what they say, to the realities on the ground. It’s an endless game of hypocrisies and contradictions. Note that the Egyptian constitution was reformed earlier this year, but many of the crucial issues were avoided. The Syrian Constitution is followed by the Egyptian one.
The Arab nation managed to perform a great role in building human civilization when it was a unified nation. When the ties of its national cohesion weakened, its civilizing role receded and the waves of colonial conquest shattered the Arab nation’s unity, occupied its territory, and plundered its resources. Our Arab nation has withstood these challenges and rejected the reality of division, exploitation, and backwardness out of its faith in its ability to surmount this reality and return to the arena of history in order to play, together with the other liberated nations, its distinctive role in the construction of civilization and progress. With the close of the first half of this century, the Arab people’s struggle has been expanding and assuming greater importance in various countries to achieve liberation from direct colonialism.
The Arab masses did not regard independence as their goal and the end of their sacrifices, but as a means to consolidate their struggle, and as an advanced phase in their continuing battle against the forces of imperialism, Zionism, and exploitation under the leadership of their patriotic and progressive forces in order to achieve the Arab nation’s goals of unity, freedom, and socialism.
In the Syrian Arab region, the masses of our people continued their struggle after independence. Through their progressive march they were able to achieve their big victory by setting off the revolution of 8 March 1963 under the leadership of the Socialist Arab Ba’ath Party, which has made authority an instrument to serve the struggle for the construction of the United Socialist Arab society.
The Socialist Arab Ba’ath Party is the first movement in the Arab homeland which gives Arab unity its sound revolutionary meaning, connects the nationalist with the socialist struggle, and represents the Arab nation’s will and aspirations for a future that will bind the Arab nation with its glorious past and will enable it to carry out its role in achieving victory for the cause of freedom of all the peoples.
Through the party’s militant struggle, the 16 Nov 1970 corrective movement responded to our people’s demands and aspirations. This corrective movement was an important qualitative development and a faithful reflection of the party’s spirit, principles, and objectives. It created the appropriate atmosphere for the fulfillment of a number of significant projects in the interest of our large masses, primarily the emergence of the state of the Confederation of Arab Republics in response to the call for unity, which figures prominently in the Arab conscience, which was buttressed by the joint Arab struggle against imperialism and Zionism, regionalist disputes, and separatist movements, and which was confirmed by the contemporary Arab revolution against domination and exploitation.
Under the aegis of the corrective movement, an important stop was taken on the road leading to the consolidation of national unity for our popular masses. Under the leadership of the socialist Arab Ba’ath Party, a national and progressive front with developed conceptions emerged in such a manner as to meet our people’s needs and interests and proceed toward unifying the instrument of the Arab revolution in a unified political organization.
The completion of this Constitution crowns our people’s struggle on the road of the principle of popular democracy, is a clear guide for the people’s march toward the future and a regulator of the movement of the state and its various institutions, and is a source of its legislation.
The Constitution is based on the following major principles:
1) The comprehensive Arab revolution is an existing and continuing necessity to achieve the Arab nation’s aspirations for unity, freedom, and socialism. The revolution in the Syrian Arab region is part of the comprehensive Arab revolution. Its policy in all areas stems from the general strategy of the Arab revolution.
2) Under the reality of division, all the achievements by any Arab country will fail to fully achieve their scope and will remain subject to distortion and setback unless these achievements are buttressed and preserved by Arab unity. Likewise, any danger to which any Arab country may be exposed on the part of imperialism and Zionism is at the same time a danger threatening the whole Arab nation.
3) The march toward the establishment of a socialist order besides being a necessity stemming from the Arab society’s needs is also a fundamental necessity for mobilizing the potentialities of the Arab masses in their battle with Zionism and imperialism.
4) Freedom is a sacred right and popular democracy is the ideal formulation which insures for the citizen the exercise of his freedom which makes him a dignified human being capable of giving and building, defending the homeland in which he lives, and making sacrifices for the sake of the nation to which he belongs. The homeland’s freedom can only be preserved by its free citizens. The citizen’s freedom can be completed only by his economic and social liberation.
5) The Arab revolution movement is a fundamental part of the world liberation movement. Our Arab people’s struggle forms a part of the struggle of the peoples for their freedom, independence, and progress.
This constitution serves as a guide for action to our people’s masses so that they will continue the battle for liberation and construction guided by its principles and provisions in order to strengthen the positions of our people’s struggle and to drive their march toward the aspired future.
Chapter 1 Basic Principles
Part 1 Political Principles
Article 1 [Arab Nation, Socialist Republic]
(1) The Syrian Arab Republic is a democratic, popular, socialist, and sovereign state. No part of its territory can be ceded. Syria is a member of the Union of the Arab Republics.
(2) The Syrian Arab region is a part of the Arab homeland.
(3) The people in the Syrian Arab region are a part of the Arab nation. They work and struggle to achieve the Arab nation’s comprehensive unity.
Article 2 [Republic, Sovereignty]
(1) The governmental system of the Syrian Arab region is a republican system.
(2) Sovereignty is vested in the people, who exercise it in accordance with this Constitution.
Article 3 [Islam]
(1) The religion of the President of the Republic has to be Islam.
(2) Islamic jurisprudence is a main source of legislation.
Article 4 [Language, Capital]
The Arab language is the official language. The capital is Damascus.
Article 6 [Flag, Emblem, Anthem]
The state flag, emblem, and the national anthem are the flag, emblem, and the national anthem of the Union of the Arab Republics.
Article 7 [Oat]
The constitutional oath is as follows:
“I swear by God the Almighty to sincerely preserve the republican, democratic, and popular system, respect the constitution and the laws, watch over the interests of the people and the security of the homeland, and work and struggle for the realization of the Arab nation’s aims of unity, freedom, and socialism.”
Article 8 [Ba’ath Party]
The leading party in the society and the state is the Socialist Arab Ba’ath Party. It leads a patriotic and progressive front seeking to unify the resources of the people’s masses and place them at the service of the Arab nation’s goals.
Article 9 [Organizations]
Popular organizations and cooperative associations are establishments which include the people’s forces working for the development of society and for the realization of the interests of its members.
Article 10 [People’s Councils]
People’s councils are establishments elected in a democratic way at which the citizens exercise their rights in administering the state and leading the society.
Article 11 [Armed Forces]
The armed forces and other defense organizations are responsible for the defense of the homeland’s territory and for the protection of the revolution’s objectives of unity, freedom, and socialism.
The state is at the people’s service. Its establishment seeks to protect the fundamental rights of the citizens and develop their lives. It also seeks to support the political organizations in order to bring about self-development.
Part 2 Economic Principles
Article 13 [Economy]
(1) The state economy is a planned socialist economy which seeks to end all forms of exploitation.
(2) The region’s economic planning serves in achieving economic integration in the Arab homeland.
Article 14 [Ownership]
The law regulates ownership, which is of three kinds:
(1) Public ownership includes natural resources, public utilities, and nationalized installations and establishments, as well as installations and establishments set up by the state. The state undertakes to exploit and to supervise the administration of this property in the interest of the entire people. It is the duty of the citizens to protect this property.
(2) Collective ownership includes the property belonging to popular and professional organizations and to production units, cooperatives, and other social establishments. The law guarantees its protection and support.
(3) Individual ownership includes property belonging to individuals. The law defines its social task in serving the national economy within the framework of the development plan. This property should not be used in ways contrary to the people’s interests.
Article 15 [Expropriation]
(1) Individual ownership may not be expropriated except for public interest and in return for just compensation in accordance with the law.
(2) The public seizure of funds is permissible.
(3) Private seizure cannot be effected except through a judicial decision.
(4) Private seizure ordered by law is permissible in return for just compensation.
Article 16 [Agricultural Ownership]
The law defines the maximum of agricultural ownership in a manner that guarantees the protection of the farmer and of the agricultural worker against exploitation and insures increase in production.
Article 17 [Inheritance]
The right of inheritance is guaranteed in accordance with the law.
Article 18 [Savings]
Saving is a national duty protected, encouraged, and organized by the state.
Article 19 [Taxes]
Taxes are imposed on an equitable and progressive bases which achieve the principles of equality and social justice.
The exploitation of private and joint economic foundations must seek to meet the social needs, increase the national income, and achieve the people’s prosperity.
Part 3 Educational and Cultural Principles
Article 21 [Goals]
The educational and cultural system aims at creating a socialist nationalist Arab generation which is scientifically minded and attached to its history and land, proud of its heritage, and filled with the spirit of struggle to achieve its nation’s objectives of unity, freedom, and socialism, and to serve humanity and its progress.
Article 22 [Progress]
The educational system has to guarantee the people’s continuous progress and adapt itself to the ever-developing social, economic, and cultural requirements of the people.
Article 23 [Socialist Education, Arts, Sports]
(1) The nationalist socialist education is the basis for building the unified socialist Arab society. It seeks to strengthen moral values, to achieve the higher ideals of the Arab nation, to develop the society, and to serve the causes of humanity. The state undertakes to encourage and to protect this education.
(2) The encouragement of artistic talents and abilities is one of the bases of the progress and development of society, artistic creation is based on close contact with the people’s life. The state fosters the artistic talents and abilities of all citizens.
(3) Physical education is a foundation for the building of society. The state encourages physical education to form a physically, mentally, and morally strong generation.
Article 24 [Science, Intellectual Property]
(1) Science, scientific research, and all scientific achievements are basic elements for the progress of the socialist Arab society. Comprehensive support is extended by the state.
(2) The state protects the rights of authors and inventors who serve the people’s interests.
Part 4 Freedom, Rights, Duties
Article 25 [Personal Freedom, Dignity, Equality]
(1) Freedom is a sacred right. The state protects the personal freedom of the citizens and safeguards their dignity and security.
(2) The supremacy of law is a fundamental principle in the society and the state.
(3) The citizens are equal before the law in their rights and duties.
(4) The state insures the principle of equal opportunities for citizens.
Article 26 [Participation]
Every citizen has the right to participate in the political, economic, social, and cultural life. The law regulates this participation.
Article 27 [Boundaries of the Law]
Citizens exercise their rights and enjoy their freedoms in accordance with the law.
Article 28 [Defense]
(1) Every defendant is presumed innocent until proven guilty by a final judicial decision.
(2) No one may be kept under surveillance or detained except in accordance with the law.
(3) No one may be tortured physically or mentally or be treated in a humiliating manner. The law defines the punishment of whoever commits such an act.
(4) The right of litigation, contest, and defense before the judiciary is safeguarded by the law.
Article 29 [Criminal Laws]
What constitutes a crime or penalty can only be determined by law.
Article 30 [Retroactive Laws]
Laws are binding only following the date of their enactment and cannot be retroactive. In other than penal cases, the contrary may be stipulated.
Article 31 [Home]
Homes are inviolable. They may not be entered or searched except under conditions specified by law.
Article 32 [Secrecy of Communication]
The privacy of postal and telegraphic contacts is guaranteed.
Article 33 [Residence, Move]
(1) A citizen may not be deported from the homeland.
(2) Every citizen has the right to move within the state’s territory unless forbidden to do so by a judicial sentence or in implementation of public health and safety laws.
Article 34 [Asylum]
Political refugees cannot be extradited because of their political principles or their defense of freedom.
Article 35 [Religion]
(1) The freedom of faith is guaranteed. The state respects all religions.
(2) The state guarantees the freedom to hold any religious rites, provided they do not disturb the public order.
Article 36 [Work]
(1) Work is a right and duty of every citizen. The state undertakes to provide work for all citizens.
(2) Every citizen has the right to earn his wage according to the nature and yield of the work. The state must guarantee this.
(3) The state fixes working hours, guarantees social security, and regulates rest and leave rights and various compensations and rewards for workers.
Article 37 [Free Education]
Education is a right guaranteed by the state. Elementary education is compulsory and all education is free. The state undertakes to extend compulsory education to other levels and to supervise and guide education in a manner consistent with the requirements of society and of production.
Article 38 [Expression]
Every citizen has the right to freely and openly express his views in words, in writing, and through all other means of expression. He also has the right to participate in supervision and constructive criticism in a manner that safeguards the soundness of the domestic and nationalist structure and strengthens the socialist system. The state guarantees the freedom of the press, of printing, and publication in accordance with the law.
Article 39 [Assembly]
Citizens have the right to meet and demonstrate peacefully within the principles of the Constitution. The law regulates the exercise of this right.
Article 40 [Defense]
(1) All citizens have the sacred duty to defend the homeland’s security, to respect its Constitution and socialist unionist system.
(2) Military service is compulsory and regulated by law.
Article 41 [Taxes]
The payment of taxes and public expenses is a duty in accordance with the law.
Article 42 [Preservation of Unity]
It is a duty of every citizen to preserve the national unity and to protect state secrets.
Article 43 [Citizenship]
The law regulates Syrian Arab citizenship and guarantees special facilities for the Syrian Arab expatriates and their sons and for the citizens of the Arab countries.
Article 44 [Family, Marriage, Children]
(1) The family is the basic unit of society and is protected by the state.
(2) The state protects and encourages marriage and eliminates the material and social obstacles hindering it. The state protects mothers and infants and extends care to adolescents and youths and provides them with the suitable circumstances to develop their faculties.
Article 45 [Women]
The state guarantees women all opportunities enabling them to fully and effectively participate in the political, social, cultural, and economic life. The state removes the restrictions that prevent women’s development and participation in building the socialist Arab society.
Article 46 [Insurance, Welfare]
(1) The state insures every citizen and his family in cases of emergency, illness, disability, orphan-hood, and old age.
(2) The state protects the citizens’ health and provides them with the means of protection, treatment, and medication.
Article 47 [Services]
The state guarantees cultural, social, and health services. It especially undertakes to provide these services to the village in order to raise its standard.
Article 48 [Organizations]
The popular sectors have the right to establish unionist, social, professional organizations, and production cooperatives. The framework of the organizations, their relations, and the scope of their work is defined by law.
Article 49 [Organizational Functions]
The popular organizations by law effectively participate in the various sectors and councils to realize the following:
(1) Building the socialist Arab society and defending the system.
(2) Planning and guiding of the socialist economy.
(3) Development of work conditions, safety, health, culture, and all other affairs pertaining to the lives of the organization members.
(4) Achievement of scientific and technical progress and the development of the means of production.
(5) Popular supervision of the machinery of government.
Chapter 2 Powers of the State
Part 1 Legislative Power
Article 50 [People’s Assembly]
(1) The People’s Assembly assumes legislative power in the manner defined in this Constitution.
(2) The members of the People’s Assembly are elected by general, secret, direct, and equal ballot in accordance with the provisions of the election law.
Article 51 [Term]
The People’s Assembly is elected for 4 years beginning on the date of its first meeting. This term can be extended by law only in the state of war.
Article 52 [Representation]
A member of the People’s Assembly represents the whole people. His mandate may not be limited by any restrictions or conditions. He must exercise his mandate guided by his honor and conscience.
Article 53 [Membership]
The law defines the electoral districts and the number of the members of the People’s Assembly, provided that at least half their number are workers and peasants. The law defines the terms: worker and peasant.
Article 54 [Voters]
Voters are citizens of at least 18 years of age who are listed in the civil status register and who meet the conditions specified in the election law.
Article 55 [Election, Referendum]
The law provides for elections and plebiscites. It defines the conditions to be met by members of the People’s Assembly.
Article 56 [State Worker Candidacy]
State workers, including public sector workers, may nominate themselves for membership in the Assembly. Except in the cases defined by law, the elected member may take a leave in order to join the Assembly. His position or work is reserved for him and the period of leave is regarded as active duty.
Article 57 [Electoral Guarantees]
The election law must include provisions guaranteeing: 1) Freedom of the voters in electing their representatives and integrity of the election.
2) The right of the candidates to watch over the voting.
3) Punishment for those who tamper with the will of the voters.
Article 58 [Continuous Assembly]
(1) The elections are to be held within 90 days following the date of the expiration of the Assembly’s term.
(2) The People’s Assembly reconvenes in accordance with the law if no other Assembly is elected. It convenes after the lapse of 90 days and remains in office until a new Assembly is elected.
Article 59 [Vacancies]
If a seat becomes vacant for any reason, a member is elected to this seat within 90 days after the vacancy, provided the remaining period of the Assembly’s term is not less than 6 months. Membership of the new member ends with expiration of the Assembly’s term. The election law defines the conditions of membership vacancies.
Article 60 [First Meeting]
(1) The People’s Assembly is invited to meet by a decree issued by the President of the Republic within 15 days beginning on the date of the announcement of the results of the elections. The Assembly meets in accordance with the law on the 16th day if no decree is inviting the Assembly to hold a session.
(2) At its first meeting, the Assembly elects its President and the members of its secretariat.
Article 61 [Sessions]
The People’s Assembly is convened in three ordinary sessions yearly. It may also be convened in extraordinary sessions. The Assembly’s table of organization sets the dates and periods of the sessions. The Assembly is invited to meet at extraordinary sessions by a decision of the President of the Assembly, at the written request of the President of the Republic, or at the request of one-third of the members of the Assembly.
Article 62 [Electoral Control]
The People’s Assembly rules on the validity of the membership of its members if it is challenged in light of investigations undertaken by the Supreme Constitutional Court within one month of the Assembly’s notification of the Court’s verdict. A member’s membership in the Assembly is invalidated only by a majority vote of its members.
Article 63 [Oath]
Before assuming office, each member of the Assembly publicly takes before the Assembly the oath specified in Article 7.
Article 64 [Remuneration]
The compensations and allowances for the members of the Assembly are defined by law.
Article 65 [Internal Organization]
The People’s Assembly lays down its internal organization to regulate the mode of work and the manner of carrying out its duties.
Article 66 [Indemnity]
Members of the Assembly are not accountable before criminal or civil courts for any occurrences or views they express, in voting in public or secret sessions, or in the activities of the various committees.
Article 67 [Immunity]
Members of the Assembly enjoy immunity throughout the term of the Assembly. Unless they are apprehended in the act of committing a crime, no penal measures can be taken against any member without the advance permission of the Assembly. When the Assembly is not in session, permission must be obtained from the President of the Assembly. As soon as it convenes, the Assembly is notified of the measures taken.
Article 68 [Incompatibility]
(1) An Assembly member may not take advantage of his Assembly membership in any activities.
(2) The law defines the activities which are incompatible with membership in the Assembly.
Article 69 [President, Guard]
(1) The President of the People’s Assembly represents, signs, and speaks on behalf of the Assembly.
(2) The Assembly has a special guard, which accepts the orders of the President of the Assembly. No other armed force may enter the Assembly building without permission of the President of the Assembly.
Article 70 [Membership Rights]
The members of the Assembly have the right to propose bills and address questions and inquiries to the cabinet or any minister in accordance with the Assembly’s internal organization.
Article 71 [Powers]
The People’s Assembly assumes the following powers:
1) Nomination of the President of the Republic. 2) Approval of the laws. 3) Debate of cabinet policy.
4) Approval of the general budget and development plans.
5) Approval of international treaties and agreements connected with state security; namely, peace and alliance treaties, all treaties connected with the rights of sovereignty or agreements which grant concessions to foreign companies or establishments, as well as treaties and agreements which entail expenditures of the state treasury not included in the treasury’s budget, and treaties and agreements which run counter to the provisions of the laws in force or treaties and agreements which require promulgation of new legislation to be implemented.
6) Approval of general amnesty.
7) Acceptance or rejection of the resignation of a member of the Assembly.
8) Withholding confidence in the cabinet or a minister.
Article 72 [Vote of No Confidence]
Confidence may not be withheld without the interrogation of the cabinet or a minister. A request for withholding confidence has to be made in accordance with a proposal submitted by at least one-fifth of the members of the Assembly. Confidence in the cabinet or a minister may be withheld by a majority of the members of the Assembly. In the event of no confidence in the cabinet, the Prime Minister must submit the cabinet’s resignation to the President of the Republic. A minister from whom confidence has been withheld must also resign.
Article 73 [Committees]
The Assembly forms provisional committees from its members to collect information and to find facts on the subjects concerning the exercising of its jurisdiction.
Article 74 [Budget]
The draft budget is submitted to the Assembly two months before the beginning of the fiscal year. The budget is not in force unless the Assembly approves it.
Article 75 [Budge Vote]
Voting on the budget is chapter by chapter. The method of preparing the budget is defined by law.
Article 76 [Fiscal Year]
Every fiscal year has one budget and the beginning of the fiscal year is defined by law.
Article 77 [Continuing Budget]
If the Assembly fails to approve the budget before the beginning of the new fiscal year, the previous fiscal year remains in force until approval of the new fiscal year. Revenues are obtained in accordance with the laws still in force.
Article 78 [Budget Changes]
No change in the budget’s chapters is permissible except in accordance with provisions of the law.
Article 79 [Budget Amendments]
During study of the budget, the Assembly has no right to increase the estimates of revenues and expenditures.
Article 80 [New Expenditures]
After approval of the budget, the Assembly can approve laws on new expenditures and revenues.
Article 81 [Tax Laws]
It is not permissible to impose taxes, to modify taxes, or to cancel taxes except by law.
Final accounts for the fiscal year are submitted to the Assembly within two years of the end of that year. The settlement of accounts should be made by law. Amounts to be applied to the settlement of accounts should be applied to the budget, subject to approval.
Part 2 The Executive Authority
Section 1 The President of the Republic
Article 83 [Eligibility]
A candidate for the presidency must be an Arab Syrian, enjoying his civil and political rights, and be over 40 years of age.
Article 84 [Election]
Upon the proposal of the Arab Socialist Ba’ath Party regional command, the Assembly issues the order for election of the President:
1) the candidacy is proposed to the citizens for referendum;
2) the referendum takes place upon the request of the President of the Assembly;
3) the new president is elected before termination of the term of the present President, within a period of not less than 30 days and not more than 60 days;
4) the candidate becomes President of the Republic if he obtains an absolute majority of the total votes. If he fails to obtain this majority, the Assembly names another candidate. The same procedures are followed concerning the election, provided this takes place within 1 month from the time the results of the first plebiscite were announced.
Article 85 [Term]
The President of the Republic is elected for 7 years according to the Christian calendar, beginning at the date of the expiration of the term of the incumbent President.
Article 86 [Incapacity]
If any temporary incapacity prevents the President of the Republic from carrying out his duties, the Vice President takes his place.
Article 87 [Resignation]
If the President of the Republic wishes to resign, he must submit his resignation to the Assembly.
Article 88 [Re-Election]
The first Vice President of the Republic, or the Vice President named by the President, carries out the President’s duties if the President fails to do so. If the incapacity is permanent or in case of death or resignation, a referendum takes place to elect a new President in accordance with the provisions of Article 84, within a period not exceeding 90 days. If the Assembly is dissolved or if its term is due to expire in less than 90 days, the first Vice President carries out the President’s duties until the new Assembly convenes.
Article 89 [Vacancy]
If the post of President becomes vacant and there is no Vice President, the Prime Minister exercises all the President’s powers and jurisdictions until a new President is elected by means of referendum within 90 days.
Article 90 [Oath]
Before taking his post, the President takes the constitutional oath before the People’s Assembly in accordance with Article 7.
Article 91 [Liability]
The President cannot be held responsible for actions pertaining directly to his duties, except in the case of high treason. A request for his indictment requires a proposal of at least one-third of the members of the People’s Assembly and an Assembly decision adopted by a two-thirds majority in an open vote at a special secret session. His trial takes place only before the Supreme Constitutional Court.
Article 92 [Remuneration]
The protocol, privileges, and compensation of the post of the President of the Republic are established by law.
Article 93 [Functions]
(1) The President of the Republic insures respect for the Constitution, the orderly functioning of public authorities, and the preservation of the state.
(2) The President of the Republic exercises executive authority on behalf of the people within the limits defined in this Constitution.
Article 94 [Policy]
The President of the Republic, through consultation with the cabinet, lays down the state’s general policy and supervises its implementation.
Article 95 [Appointments]
The President of the Republic appoints one or more Vice Presidents and delegates some of his duties to them. The President also appoints the Prime Minister and his deputies and the ministers and their deputies, accepts their resignations, and dismisses them from their posts.
Article 96 [Oath]
Before assuming their posts, the Vice Presidents take the Constitutional oath specified in Article 7 before the President of the Republic.
Article 97 [Cabinet Meeting, Reports]
The President of the Republic can call a cabinet meeting under his Chairmanship. He can also request reports from the ministers.
Article 98 [Veto]
The President of the Republic promulgates the laws approved by the People’s Assembly; he may veto these laws through a decision, giving the reasons for this objection, within a month after their receipt by the President. If the Assembly again approves them by a two-thirds majority, the President of the Republic has to issue them.
Article 99 [Decrees]
The President of the Republic issues decrees, decisions, and orders in accordance with the legislation in effect.
Article 100 [War and Peace]
The President of the Republic can declare war and general mobilization and conclude peace following the approval by the People’s Assembly.
Article 101 [State of Emergency]
The President of the Republic can declare and terminate a state of emergency in the manner stated in the law.
Article 102 [Diplomacy]
The President of the Republic accredits the heads of diplomatic missions to foreign governments and accepts the accreditation of the heads of foreign diplomatic missions to him.
Article 103 [Commander-in-Chief]
The President of the Republic is the supreme commander of the army and the armed forces. He issues all the necessary decisions and orders in exercising this authority. He can delegate some of his authority.
Article 104 [Treaties]
The President of the Republic ratifies and abolishes internal treaties and agreements in accordance with the provisions of the Constitution.
Article 105 [Amnesty]
The President of the Republic can issue amnesty and reinstatement decisions.
Article 106 [Decorations]
The President of the Republic can bestow decorations.
Article 107 [Dissolution of Parliament]
(1) The President of the Republic can dissolve the People’s Assembly through a decision giving the reasons. Elections are held within 90 days from the date of the dissolution.
(2) He may not dissolve the People’s Assembly more than once for the same reason.
Article 108 [Extraordinary Sessions, Addresses]
(1) The President of the Republic can call on the People’s Assembly to convene an extraordinary session.
(2) He can also address the Assembly through messages and can make statements before the Assembly.
Article 109 [Appointment of Officials]
The President of the Republic appoints civilian and military officials and terminates their services in accordance with the law.
Article 110 [Initiative]
The President of the Republic may draft project laws and submit them to the Assembly for approval.
Article 111 [Assuming Legislative Authority]
(1) The President of the Republic assumes legislative authority when the People’s Assembly is not in session, provided that all the legislation issued by him is referred to the People’s Assembly in its first session.
(2) The President of the Republic can assume legislative authority even when the Assembly is in session if it is extremely necessary in order to safeguard the country’s national interests or the requirements of national security, provided that the legislation issued by him is referred to the People’s Assembly in its first session.
(3) The People’s Assembly can abolish or amend the legislation as provided for in Paragraph (1) and (2), or by law by a two-thirds majority of the members attending the session, provided their number is not less than the Assembly’s absolute majority and provided that the amendment or abolition does not have a retroactive effect. If the Assembly does not abolish or amend this legislation, then it is considered legally approved and there will be no need for a vote on it.
(4) The President of the Republic assumes legislative authority in the interim period between two assemblies. Legislation issued by the President during this period is not referred to the People’s Assembly. Its validity as regards amendments or abrogation are the same as with existing laws.
Article 112 [Referenda]
The President of the Republic can hold public referenda on important issues affecting the country’s highest interests. The results of the referenda are binding and effective on the date of their promulgation. The President of the Republic issues the results.
Article 113 [Emergency Measures]
In case of a grave danger or situation threatening national unity or the safety and independence of the homeland or obstructing state institutions from carrying out their constitutional responsibilities, the President of the Republic can take immediate measures necessitated by these circumstances.
The President of the Republic can form specialized organizations, councils, and committees. The powers and jurisdiction of these bodies are specified in the decisions forming them.
Section 2 The Council of Ministers
Article 115 [Cabinet]
(1) The cabinet is the state’s highest executive and administrative body. It consists of the President of the Council of Ministers, his deputies, and the ministers. It supervises the execution of the laws and regulations and the work of the state machinery and institutions.
(2) The President of the Council of Ministers supervises the activities of the ministers.
(3) The compensations and allowances of the President of the Council of Ministers, his deputies, the ministers, and their deputies are fixed by law.
Article 116 [Oath]
The President of the Council of Ministers, his deputies, and the ministers and their deputies take the constitutional oath, as specified in Article 7, before the President of the Republic and before they assume their responsibilities, whenever a new cabinet is formed. In the case of a cabinet reorganization, only the new ministers take the oath.
Article 117 [Responsibility]
The President of the Council of Ministers and the ministers are responsible before the President of the Republic.
Article 118 [Policy Statements]
(1) Upon its formation, the cabinet submits a statement to the People’s Assembly on its general policy and programs of action.
(2) The Cabinet submits annual statements to the People’s Assembly on implementation of the development plans and production progress.
Article 119 [Minister]
The Minister is the highest administrative authority in his ministry. He carries out the state’s general policy where it concerns his ministry.
Article 120 [Incompatibility]
While in office, the ministers are not permitted to be members of the Board of Directors of any private company, act as its agents, participate in any commercial or industrial transaction, or undertake any liberal profession. While in office, the ministers are not permitted to be directly or indirectly involved in the contracts, tenders, or works carried out by the state ministries, departments, or establishments, or by public sector companies.
Article 121 [Liability]
The law defines the civil and penal responsibilities of the ministers.
Article 122 [Continuing Cabinet]
On the expiration of the term of the President of the Republic or in the case of his permanent inability to discharge his duties for any reason, the cabinet continues to manage the affairs of the state until the new president names a new cabinet.
Article 123 [Criminal Liability]
The President of the Republic has a right to refer a minister to trial for whatever crimes he commits while in his post or because of it, in accordance with provisions of the Constitution and the law.
Article 124 [Suspension]
An accused minister is suspended as soon as the indictment is issued and until the court arrives at a decision regarding the charges brought against him. His resignation or dismissal does not prevent committing him to trial. The trial and its procedures are in accordance with the law.
Article 125 [Compatibility]
Cabinet and People’s Assembly membership may be combined.
Article 126 [Deputy Ministers]
The provisions applicable to the ministers are also applicable to the deputy ministers.
Article 127 [Powers]
The cabinet has the following powers:
1) Participation with the President of the Republic in drawing up and carrying out the state’s general policy.
2) Steering, coordinating, and following up the work of the ministries and all the state’s public departments and establishments.
3) Drawing up the state’s general budget project.
4) Preparing draft laws.
5) Preparing the development plan, developing production, and exploiting national resources and everything that will strengthen the economy and increase the national income.
6) Contracting and granting loans in accordance with the provisions of the Constitution.
7) Concluding agreements and treaties in accordance with the provisions of the Constitution.
8) Following up the enforcement of the laws, preserving the state’s security, and safeguarding the rights of the citizens and the state’s interest.
9) Issuing administrative and executive decisions in accordance with laws and regulations, and supervising their implementation.
Article 128 [Other Powers]
In addition to the cabinet’s powers, the Prime Minister and the ministers discharge the duties mentioned in valid legislation, provided they are not in conflict with the powers given to other state authorities by this Constitution.
Part 3 The Local People’s Councils
Article 129 [Councils]
(1) The Local People’s Councils are bodies which exercise their powers within the administrative units in accordance with the law.
(2) The administrative units are defined in accordance with the provisions of the law.
Article 130 [Powers]
The law defines the powers of The Local People’s Councils, the method of electing and forming them, the rights and duties of their members, and all relevant regulations.
Chapter 3 The Judicial Authority
Part 1 Court Judges and Public Prosecutors
Article 131 [Independence of the Judiciary]
The judicial authority is independent. The President of the Republic guarantees this independence with the assistance of the Higher Council of the Judiciary.
Article 132 [Higher Council of the Judiciary]
The President of the Republic presides over the Higher Council of the Judiciary. The law defines the method of its formulation, its powers, as well as its internal operating procedures.
Article 133 [Independence of Judges]
(1) Judges are independent. They are subject to no authority except that of the law.
(2) The honor, conscience, and impartiality of judges are guarantees of public rights and freedoms.
Article 134 [Sentences]
Sentences are issued in the name of the Arab people of Syria.
Article 135 [Organization]
The law organizes the judicial system along with its categories, types, and grades of judges. It also defines the regulations pertaining to the jurisdiction in the different courts.
Article 136 [Status of Judges]
The law defines the terms of appointment, promotion, transfer, discipline, and removal of judges.
Article 137 [Public Prosecution]
The public prosecution is a single juridical institution headed by the Minister of Justice. The law organizes its functions and powers.
Article 138 [Administrative Jurisdiction]
The Council of State exercises administrative jurisdiction. The law defines the terms of appointment, promotion, discipline, and removed of its judges.
Part 2 The Supreme Constitutional Court
Article 139 [Membership]
The Supreme Constitutional Court is composed of five members, of whom one will be the President, and all of whom are appointed by the President of the Republic by decree.
Article 140 [Incompatibility]
It is not permissible to combine the membership of the Supreme Constitutional Court with a ministerial post or membership in the People’s Assembly. The law defines other functions which cannot be combined with court membership.
Article 141 [Term]
The term of membership of the Supreme Constitutional Court is 4 years subject to renewal.
Article 142 [Dismissal]
Members of the Supreme Constitutional Court cannot be dismissed from court membership except in accordance with the provisions of the law.
Before assuming their duty, the President and members of the Supreme Constitutional Court take the following oath before the President of the Republic and in the presence of the speaker of the People’s Assembly:
“I swear by the Almighty to respect the country’s Constitution and laws and to carry out my duty with impartiality and loyalty.”
Article 144 [Electoral Control]
The Supreme Constitutional Court determines the validity of the special appeals regarding the election of the members of the People’s Assembly and submits to it a report on its findings.
Article 145 [Constitutional Review]
The Supreme Constitutional Court looks into and decides on the constitutionality of laws in accordance with the following:
1) Should the President of the Republic or a quarter of the People’s Assembly members challenge the constitutionality of a law before its promulgation, the promulgation of such law is suspended until the court makes a decision on it within 15 days from the date the appeal was filed with it. Should the law be of an urgent nature, the Supreme Constitutional Court must make a decision within 7 days.
2) Should a quarter of the People’s Assembly members object to the constitutionality of a legislative decree within 15 days of the date of the People’s Assembly session, the Supreme Constitutional Court must decide on it within 15 days from the date the objection was filed with it.
3) Should the Supreme Constitutional Court decide that a law or a decree is contrary to the Constitution, whatever is contrary to the text of the Constitution is considered null and void with retroactive effect and has no consequence.
Article 146 [No Review Of Referendum Laws]
The Supreme Constitutional Court has no right to look into laws which the President of the Republic submits to public referendum and are approved by the people.
Article 147 [Review of Drafts]
The Supreme Constitutional Court, at the request of the President of the Republic, gives its opinion on the constitutionality of bills and legislative decrees and the legality of draft decrees.
Article 148 [Constitutional Court Statute]
The law determines the procedure of hearing and adjudicating in matters coming under the jurisdiction of the Supreme Constitutional Court. It also defines the court staff, the qualifications of its members, and prescribes their salaries, immunities, privileges, and responsibilities.
Part 3 Amending the Constitution
Article 149 [Initiative, Majority]
(1) The President of the Republic as well as a two-thirds majority of the People’s Assembly members have a right to propose amending the Constitution.
(2) The amendment proposal includes the provisions to be amended and the reasons for it.
(3) Upon receipt of the proposal, the People’s Assembly sets up a special committee to investigate it.
(4) The Assembly discusses the amendment proposal, and if approved by a two-thirds majority of its members, the amendment is considered final, provided it is approved by the President of the Republic. It will then be included in the body of the Constitution.
Chapter 4 General and Transitory Provisions
Article 150 [Preamble is Part of Constitution]
The preamble of this Constitution is considered an integral part of it.
Article 151 [First Amendments]
This Constitution may not be amended before the lapse of 18 months from the date it comes into effect.
Article 152 [Temporary Election Control]
Until the Supreme Constitutional Court is formed, the general body of the Court of Cessation has the jurisdiction to examine appeals regarding the validity of the election of the members of the People’s Assembly after such appeals are referred to it by the President of the Assembly. The court submits to the President of the Assembly a report of its findings.
Article 153 [Old Laws]
Legislation in effect and issued before the proclamation of this Constitution remains in effect until it is amended so as to be compatible with its provisions.
Article 154 [Term of President]
The term of the incumbent President of the Republic expires after 7 years of the Christian era from the date of the announcement of his election as President of the Syrian Arab Republic.
Article 155 [First Parliamentary Elections]
Elections for the first People’s Assembly are held under the Constitution within 90 days from the date it is declared approved by a public referendum.
Article 156 [Publication, Enforcement]
The President of the Republic publishes this Constitution in the Official Gazette and it is considered in effect from the date of its approval by a public referendum.
|We, the people of Egypt, who have been toiling on this glorious land since the dawn of history and civilization, we the people working in Egypt’s villages, fields, cities, factories, centers of education and industry in any field of work which contributes to the creation of life on its soil or plays a part in the honour of defending this landWe, the people who believe in its spiritual and immortal heritage and who are confident in our profound faith and cherish the honour of man and of humanity at large,We, the people who in addition to preserving the legacy of history, bear the responsibility of great present and future objectives whose seeds are embedded in the long and arduous struggle, with which the banners of liberty, socialism and unity have been hoisted along the great march of the Arab Nation,We, the Egyptian people, in the name of God and with His assistance pledge to indefinitely and unconditionally exert every effort to realise:-Peace to our world
Being determined that peace can only be based on justice and that political and social progress of all peoples can only be realized through the freedom and independent will of these peoples, and that any civilization is not worthy of its name unless it is free from exploitation whatever its form.Unity
The hope of our Arab Nation being certain that Arab Unity is a call of history and future and an inevitable destiny which can only materialize through an Arab Nation capable of warding off any threat whatever may be the source or the pretexts justifying it.The Constant Development Of Life In Our Nation
Being convinced that the true challenge confronting nations is the realization of progress and that such progress does not occur automatically or through slogans alone, but that the driving force behind it is the release of all potentials of creativity and originality in our people, who have asserted at all times their contribution to civilization and humanity through work alone.Our people have passed through successive experiences, meantime offering rich experiences on both the national and international levels, by which they have been guided. These experiences finally took shape in the basic documentations of the July, 23rd Revolution led by the alliance of the working forces of our struggling people . This people have been able, through deep awareness and refined sensibility, to retain the genuine core of this revolution and to continuously rectify its path and to realize through it full integration between science and faith, political and social freedom, national independence and affiliation on the one hand and the worldwide struggle of humanity for political economic, cultural and intellectual freedom and the fight against all forces and remnants of regression domination and exploitation on the other hand.Freedom For The Humanity Of The Egyptian Man
Having realized that man’s humanity and dignity are the torches that guide and direct the course of the enormous development of mankind towards its supreme ideals.The dignity of every individual is natural reflection of the dignity of his nation, for each individual is a cornerstone in the edifice of the homeland. This homeland derives its strength and prestige from the value of each individual, his activity and dignity.The sovereignty of law is not only a guarantee for the freedom of the individual but is also the sole basis for the legality of authority.The alliance of the popular working forces is not a means for social conflict towards historical development, it is , in this modern age, with its climate and ways , a safety valve protecting the unity of the working powers of the nation and eliminating contradictions within these forces through democratic interaction .We the working masses of the people of Egypt – out of determination, confidence and faith in all our national and international responsibilities, and in acknowledgment of God’s right and His messages, and in recognition of the right of our nation as well as of the principle and responsibility of mankind, and in the name of God and with His assistance – declare on the Eleventh of September 1971 that we accept and grant ourselves this Constitution, asserting our firm determination to defend and protect it, assuring our respect for it.
Chapter One: The State
|Art.1*:||The Arab Republic of Egypt is a Socialist Democratic State based on the alliance of the working forces of the people. The Egyptian people are part of the Arab Nation and work for the realization of its comprehensive unity.|
|Art.2*:||Islam is the Religion of the State. Arabic is its official language, and the principal source of legislation is Islamic Jurisprudence (Sharia).|
|Art.3:||Sovereignty is for the people alone who will practise and protect this sovereignty and safeguard national unity in the manner specified by the Constitution|
|Art.4*:||The economic foundation of the Arab Republic of Egypt is the socialist democratic system based on sufficiency and justice, in a manner preventing exploitation, narrowing the gap between incomes, protecting legitimate earnings and guaranteeing justice in the distribution of public responsibilities and expenditures .|
|Art.5*:||The political regime of the Arab Republic of Egypt is based upon the multi-party system within the framework of the basic principles and components of the Egyptian society stipulated by the Constitution . Political parties shall be organized by law|
|Art.6:||Egyptian Nationality is defined by law.|
|(*) Amended according to the result of the plebiscite on the constitutional amendment which was conducted on May, 22nd 1980|
|Part One: Social and Moral Constituents|
|Art.7:||Social solidarity is the basis of society .|
|Art.8:||The State shall guarantee equality of opportunity to all Egyptians.|
|Art.9:||The family is the basis of the society founded on religion, morality and patriotism. The State is keen to preserve the genuine character of the Egyptian family- with all values and traditions represented by it- while affirming and promoting this character in the interplay of relations within the Egyptian society.|
|Art.11:||The State shall guarantee coordination between woman’s duties towards her family and her work in the society, considering her equal to man in the political, social, cultural and economic spheres without detriment to the rules of Islamic jurisprudence (Sharia).|
|Art.12:||Society shall be committed to safeguarding and protecting morals, promoting the genuine Egyptian traditions and abiding by the high standards of religious education, moral and national values, the historical heritage of the people, scientific facts, socialist conduct and public manners within the limits of the law. The State is committed to abiding by these principles and promoting them.|
|Art.13:||Work is a right, a duty and an honour ensured by the State. Distinguished workers shall be worthy of the appreciation of the State and the society. No work shall be imposed on citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration.|
|Art.14:||Citizens are entitled to public offices, which are assigned to those who shall occupy them in the service of people. The State guarantees the protection of public officers in the performance of their duties in safeguarding the interests of the people. They may not be dismissed by other than the disciplinary way except in the cases specified by the law.|
|Art.15:||War veterans and those injured during wars or because of them , martyrs’ wives and children shall have priority in work opportunities according to the law.|
|Art.16:||The State shall guarantee cultural, social and health services and shall work to ensure them particularly for villagers in an easy and regular manner in order to raise their standard .|
|Art.17:||The State shall guarantee social and health insurance services. All citizens shall have the right to pensions in cases of incapacity, unemployment, and old-age in accordance with the law.|
|Art.18:||Education is a right guaranteed by the State. It is obligatory in the primary stage. The State shall work to extend obligation to other stages. The State shall supervise all branches of education and guarantee the independence of universities and scientific research centers, with a view to linking all this with the requirements of society and production.|
|Art.19:||Religious education shall be a principal subject in the courses of general education.|
|Art.20:||Education in the State: Educational institutions shall be free of charge in their various stages.|
|Art.21:||Combating illiteracy shall be a national duty for which all the people’s capacity shall be mobilized.|
|Art.22:||The institution of civil titles shall be prohibited.|
|Part Two: Economic Constituents|
|Art.23:||The national economy shall be organised in accordance with a comprehensive development plan which ensures raising the national income, fair distribution, raising the standard of living, solving the problem of unemployment, increasing work opportunities, connecting wages with production, fixing a minimum and maximum limit for wages in a manner that guarantees lessening the disparities between incomes|
|Art.24:||The people shall control all means of production and direct their surplus in accordance with development plan laid down by the State.|
|Art.25:||Every citizen shall have a share in the national revenue to be defined by law in accordance with his work or his unexploiting ownership.|
|Art.26:||Workers shall have a share in the management and profits of projects . They shall be committed to the development of production and the implementation of the plan in their production units, in accordance with the law. Protecting the means of production is a national duty . Workers shall be represented on the boards of directors of the public sector units by at least 50% of the number of members of these boards. The law shall guarantee for the small farmers and small craftsmen 80%of the membership on the boards of directors of the agricultural and industrial co-operatives.|
|Art.27:||Beneficiaries shall participate in the management of the services projects of public interest and their supervision in accordance with the law.|
|Art.28:||The State shall look after the co-operative establishments in all their forms and encourage handicrafts with a view to developing production and raising income . The State shall endeavour to support agricultural co-operatives according to modern scientific bases.|
|Art.29:||Ownership shall be under the supervision of the people and the protection of the State. There are three kinds of ownership: public ownership, co-operative ownership and private ownership.|
|Art.30:||Public ownership is the ownership of the 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 shall assume the main responsibility in the development plan.|
|Art.31:||Co-operative ownership is the ownership of the co-operative societies. The law shall guarantee its protection and self-management.|
|Art.32:||Private ownership shall be represented by the unexploiting capital. The law shall organize the performance of its social function in the service of the national economy within the framework of the development plan, without deviation or exploitation. The ways of its utilization should not contradict the general welfare of the people.|
|Art.33:||Public ownership shall have its sanctity. Its protection and support shall be the duty of every citizen in accordance with the law as it is considered the mainstay of the strength of the homeland, a basis for the socialist system and a source of prosperity for the people.|
|Art.34:||Private ownership shall be safeguarded and may not be placed under sequestration except in the cases defined by law and in accordance with a judicial decision . It may not be expropriated except for the general good and against a fair compensation as defined by law. The right of inheritance shall be guaranteed in it.|
|Art.35:||Nationalization shall not be allowed except for considerations of public interest and in accordance with a law and against a compensation.|
|Art.36:||General confiscation of funds shall be prohibited . Private confiscation shall not be allowed except by a judicial decision.|
|Art.37:||The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural labourer from exploitation and asserting the authority of the alliance of the people’s working forces in villages.|
|Art.38:||The tax system shall be based on social justice|
|Art.39:||Saving is a national duty protected, encouraged and organized by the State.|
Chapter Three: Public Freedoms, Rights and Duties
|Art.40:||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.|
|Art.41:||Individual freedom is a natural right not subject to violation except in cases of flagrante delicto. No person may be arrested, inspected, detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigations and the preservation of public security. This order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law.|
|Art.42:||Any citizen arrested, detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organizing prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.|
|Art.43:||Any medical or scientific experiment may not be performed on any person without his free consent.|
|Art.44:||Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant as prescribed by the law.|
|Art.45:||The law shall protect the inviolability of the private life of citizens. Correspondence, wires, telephone calls and other means of communication shall have their own sanctity and their secrecy shall be guaranteed. They may not be confiscated or monitored except by a causal judicial warrant and for a definite period and according to the provisions of the law.|
|Art.46:||The State shall guarantee the freedom of belief and the freedom of practising religious rights.|
|Art.47:||Freedom of opinion shall be guaranteed. Every individual shall have the right to express his opinion and to publicise it verbally, in writing, by photography or by other means of expression within the limits of the law. Self criticism and constructive criticism shall guarantee the safety of the national structure.|
|Art.48:||Liberty of the press, printing, publication and mass media shall be guaranteed . Censorship on newspapers shall be forbidden as well as notifying, suspending or cancelling them by administrative methods. In a state of emergency or in time of war, a limited censorship maybe imposed on the newspapers, publications and mass media in matters related to public safety or for purposes of national security in accordance with the law.|
|Art.49:||The State shall guarantee for citizens the freedom of scientific research and literary, artistic and cultural creativity and provide the necessary means for encouraging their realization.|
|Art.50:||No citizen shall be prohibited form residing in any place or be forced to reside in a particular place except in cases defined by law.|
|Art.51:||No citizen may be deported from the country or prevented from returning to it.|
|Art.52:||Citizens shall have the right to permanent or temporary emigration The law shall regulate this right and the measures and conditions of emigration.|
|Art.53:||The right to political asylum shall be granted by the State to every foreigner persecuted for defending the people’s interests, human rights, peace or justice . The extradition of political refugees shall be prohibited.|
|Art.54:||Citizens shall have the right to peaceful and unarmed private assembly, without the need for prior notice. Such private meetings should not be attended by security men. Public meetings, processions and gatherings shall be allowed within the limits of the law.|
|Art.55:||Citizens shall have the right to form societies as defined by law. The establishment of societies whose activities are hostile to the social system, clandestine or have a military character shall be prohibited.|
|Art.56:||The creation of syndicates and unions on 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 the social plans, and programmes raising the standard of efficiency, consolidating socialist behaviour among their members, and safeguarding their funds. They are responsible for questioning their members about their behaviour in exercising their activities according to certain codes of morals, and for defending the rights and liberties of their members as defined by law.|
|Art.57:||Any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The State shall grant a fair compensation to the victim of such an assault.|
|Art.58:||Defence of the motherland is a sacred duty and conscription shall be obligatory in accordance with the law.|
|Art.59:||Safeguarding, consolidating and preserving the socialist gains shall be a national duty.|
|Art.60:||Safeguarding national unity and keeping State secrets shall be the duty of every citizen.|
|Art.61:||Payment of taxes and public imposts is a duty as defined by law.|
|Art.62:||Citizen shall have the right to vote, nominate and express their opinions in referenda according to the provisions of the law. Their participation in public life is a national duty.|
|Art.63:||Every individual shall have the right to address public authorities in writing and with his own signature. Addressing public authorities should not be in the name of groups with the exception of disciplinary organs and legal person.|
Chapter Four: Sovereignty of the Law
|Art.64:||The Sovereignty of the law is the basis of State rule.|
|Art.65:||The State shall be subject to law. The independence and immunity of the judicature are two basic guarantees to safeguard rights and liberties.|
|Art.66:||Penalty shall be personal. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them.|
|Art.67:||Any defendant is innocent until he is proved guilty before a legal court, in which he is granted the right to defend himself . Every person accused of a crime must be provided with counsel for his defence.|
|Art.68:||The right to litigation is inalienable for all, and every citizen has the right to refer to his competent judge. The State shall guarantee the accessibility of the judicature organs to litigants, and the rapidity of statuting on cases. Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature shall be prohibited.|
|Art.69:||The right of defence in person or by power of attorney shall be guaranteed. The law shall grant the financially incapable citizens the means to resort to justice and defend their rights.|
|Art.70:||No penal lawsuit shall be sued except by an order from a judicature organ with the exception of cases defined by law.|
|Art.71:||Any person arrested or detained shall be informed forthwith of the reasons for his arrest or his detention. He shall have the right to communicate with whoever he sees fit and inform them of what has taken place and to ask for help in the way organized by law. He must be notified, as soon as possible, with the charges directed against him. Any person may lodge a complaint to the courts against any measure taken to restrict his personal freedom. The Law shall regulate the right of complaint in a manner ensuring a decision regarding it within a definite period or else release shall be imperative.|
|Art.72:||Sentences shall be passed and executed in the name of the people. Likewise refraining from executing sentences or obstructing them on the part of the concerned civil servants shall be considered a 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 One: The Head of the State|
|Art.73:||The Head of the State is the President of the Republic . He shall assert the sovereignty of the people, respect for the Constitution and the supermacy of the law. He shall safeguard national unity and the socialist gains and maintain the limits between authorities in a manner to ensure that each shall perform its role in the national action.|
|Art.74:||If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions, the President of the Republic shall take urgent measures to face this danger, direct a statement to the people and conduct a referendum on those measures within sixty days of their adoption.|
|Art.75:||The President of the Republic should be an Egyptian born to Egyptian parents and enjoy civil and political rights. His age must not be less than 40 Gregorian years.|
|Art.76:||The People’s Assembly shall nominate the President of the Republic . The nomination shall be referred to the people for a plebiscite. The nomination for the President of the Republic shall be made in 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 the People’s Assembly shall be referred to the people for a plebiscite . If he does not obtain the said majority the nomination process shall be repeated two days after the first vote. The candidate obtaining an absolute majority of the votes 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 an absolute majority of votes cast in the plebiscite. If the candidate does not obtain this majority, the Assembly shall propose the nomination of another candidate and the same procedure shall follow concerning his candidature and election.|
|Art.77**:||The term of the presidency shall be six Gregorian years starting from the date of the announcement of result of the plebiscite. The President of the Republic may be re-elected for other successive terms.|
|Art.78:||The procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of a new President for whatever reason, the former President shall continue to exercise his functions until his successor is elected.|
|Art.79:||Before exercising his functions, the President shall take the following oath before the People’s Assembly: “I swear by Almighty God to uphold the Republican system with loyalty, to respect the Constitution and the law, and to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland”.|
|Art.80:||The salary of the President of the Republic shall be fixed by law. Any amendment in the salary shall not be applicable during the presidential term in which such an amendment is decided upon . The President of the Republic may not receive any other salary or remunerations.|
|Art.81:||During his term of office the President of the Republic may not exercise any free profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take or lease any state property, sell to or exchange with the State any property of his whatsoever.|
|Art.82:||In case the President of the Republic , due to any temporary obstacle, is unable to carry out his functions, he shall delegate his powers to a Vice-President.|
|Art.83:||In case of resignation, the President of the Republic shall address his letter of resignation to the People’s Assembly.|
|Art.84:||In case of the vacancy of the Presidential 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 the Supreme Constitutional Court shall take over the Presidency on condition that neither one shall nominate himself for the Presidency. The People’s Assembly shall then proclaim the vacancy of the office of President . The President of the Republic shall be chosen within a maximum period of sixty days form the date of the vacancy of the Presidential office.|
|Art.85:||Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one third of the members of the People’s Assembly . No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. The President of the Republic shall be suspended form the exercise of his duties as from the issuance of the impeachment . The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. The President of the Republic shall be tried by a special Tribunal set up by law. The law shall also organize the trial procedures and define the penalty. In case he is found guilty, he shall be relieved of his post without prejudice to other penalties.|
|Part Two: The People’s Assembly|
|Art.86:||The People’s Assembly shall exercise the legislative power, approve the general policy of the State, the general plan of economic and social development and the general budget of the State. It shall exercise control over the work of the executive authority in the manner prescribed by the Constitution.|
|Art.87:||The law shall determine the constituencies into which the State shall be divided. The number of the elected members of the People’s Assembly must be at least 350 members of whom one half at least must be workers and farmers elected by direct secret pubic balloting. The Law shall determine the definition of the worker and the farmer. The President of the Republic may appoint a number of members not exceeding ten.|
|Art.88:||The Law shall determine the conditions which members of the Assembly must fulfil as well as the rules of election and referendum, while the ballot shall be conducted under the supervision of the members of a judiciary organ.|
|Art.89:||Employees of the State and the public sector may nominate themselves for membership in the People’s Assembly with the exception of cases determined by law. The member of the People’s Assembly shall devote himself entirely to his duties, while his former work or post shall be preserved for him as determined by law.|
|Art.90:||Before exercising his duties, the member of the People’s Assembly shall take the following oath before the Assembly: ” I swear by God Almighty that I shall sincerely safeguard the safety of the nation, the republican regime, attend to the interests of the people and shall respect the Constitution and the law”.|
|Art.91:||The members of the People’s Assembly shall receive a remuneration determined by law.|
|Art.92:||The duration of the People’s Assembly term 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 days preceding the termination of its term.|
|Art.93:||The People’s Assembly shall be competent to decide upon the validity of the membership of its members. The Court of Cassation shall be competent to investigate the validity of contestations on membership presented to the Assembly after referring them to the Court by the Speaker of the Assembly. The contestation shall be referred to the Court of Cassation within fifteen days as from the date on which the Assembly has been informed thereof while the investigation shall be completed within ninety days from the date on which the contestation is referred to the Court of Cassation. The result of the investigation and the decision reached by the Court shall be submitted to the Assembly to decide upon the validity of the contestation within sixty days from the date of submission of the result of the investigation to the Assembly. Memberships shall not be deemed invalid expect by a decision taken by a majority of two-thirds of the Assembly members.|
|Art.94:||If the seat of a member becomes vacant before 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 the occurrence of the vacancy . The term of the new member shall extend until the end of the term of his predecessor.|
|Art.95:||No member of the People’s Assembly shall, during his term, purchase or rent any state property or sell or lease to the state or barter with it regarding any part of his property, or conclude a contract with the State in his capacity as entrepreneur, importer or contractor.|
|Art.96:||No membership in the People’s Assembly shall be revoked except on the grounds of loss of confidence or status or loss of one of the conditions of membership or the loss of the member’s status as worker or farmer upon which he was elected or the violation of his obligations as a member. The membership shall be deemed invalid on the grounds of a decision taken by two-thirds of the Assembly members.|
|Art.97:||The People’s Assembly alone may accept the resignation of its members.|
|Art.98:||Members of the People’s Assembly shall not be censured for any opinions or thoughts expressed by them in the performance of their tasks in the Assembly or its committees.|
|Art.99:||Except in cases of flagrante delicto, no member of the People’s Assembly shall be subject to a criminal prosecution without the permission of the Assembly. If the Assembly is not in session , the permission of the Speaker of the Assembly must be taken. The Assembly must be notified of the measures taken in its first subsequent session.|
|Art.100:||The seat of the People’s Assembly shall be Cairo. However, the Assembly may, under exceptional circumstances, meet in another city at the request of the President of the Republic or the majority of the Assembly members. Any meeting of the Assembly in other than its designated seat is illegal and the resolutions passed in it shall be considered invalid.|
|Art.101:||The President of the Republic shall convoke the People’s Assembly for its ordinary annual session before the second Thursday of November . If it is not convoked, the Assembly shall meet by force of the Constitution on the said date. The session of the ordinary meeting shall continue for at least seven months. The President of the Republic shall declare the ordinary session closed . This may not take place until the general budget of the state is approved.|
|Art.102:||The President of the Republic may call the People’s Assembly to an extraordinary session, in case of necessity, or upon request signed by a majority of the Assembly members. The President of the Republic shall announce the dismissal of the extraordinary session.|
|Art.103:||The People’s Assembly shall elect, in the first meeting of its ordinary annual session, a Speaker and two Deputy – Speakers for the term of the session. If the seat of anyone of them is vacated, the Assembly shall elect a replacement, whose term will last until the end of his predecessor’s term.|
|Art.104:||The People’s Assembly shall lay down its own rules of procedure organizing the manner in which it fulfills its tasks.|
|Art.105:||The People’s Assembly alone shall be entitled to preserve order inside it. The Speaker of the Assembly shall be entrusted with this task.|
|Art.106:||The meeting of the People’s Assembly shall be public. However, a meeting in camera may be held at the request of the President of the Republic, or the Government, or the Prime Minister or of at least twenty of its members. The Assembly shall then decide whether the debate on the question submitted to it shall take place in a public meeting or in a meeting in camera.|
|Art.107:||The meeting of the Assembly shall be considered invalid unless the majority of its members are present. The Assembly shall adopt its resolutions by an absolute majority of its attending members, in cases other than those for which a specific majority is required. A separate vote will be taken on each article of the draft laws. In case of a tie vote, the question on which the debate has taken place shall be rejected.|
|Art.108:||The President of the Republic shall have the right, in case of necessity or in exceptional cases and on the authorization of the People’s Assembly, to issue resolutions having the force of law. Such authorization must be for a limited period of time and must point out 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 first meeting after the end of the authorization period. If they are not submitted or if they are submitted and not approved by the Assembly , they shall cease to have the force of law.|
|Art.109:||The President of the Republic and every member of the People’s Assembly shall have the right to propose laws.|
|Art.110:||Every draft law shall be referred to one of the committees of the Assembly which will study it and submit a report concerning it. Draft laws presented by members of the People’s Assembly shall not be referred to these committees unless they are first referred to a special committee which will study them and give an opinion on the suitability of their consideration by the Assembly and after the Assembly decides to consider them.|
|Art.111:||Every draft law proposed by a member and rejected by the Assembly cannot be presented again in the course of the same session.|
|Art.112:||The President of the Republic shall have the right to promulgate laws or object to them.|
|Art.113:||If the President of the Republic objects to a draft law ratified by the People’s Assembly, he shall refer it back to the Assembly within thirty days from the Assembly’s communication of it. If the draft law is not referred back within this period. It is considered a law and shall be promulgated. If it is referred back to the Assembly on the said date and approved once again by a majority of two-thirds of the members, it shall be considered a law and shall be promulgated.|
|Art.114:||The People’s Assembly shall approve the general plan for economic and social development. The manner of the preparation of the plan and of its submission to the People’s Assembly shall be determined by law.|
|Art.115:||The draft general budget of the State shall be submitted to the Assembly at least two months before the beginning of the fiscal year. It shall not be considered in effect unless it is approved by the Assembly. Each chapter of the draft budget shall be voted upon separately and shall be promulgated by law. The People’s Assembly shall not make modifications in the draft budget except with the approval of the government. In case the ratification of the new budget does not take place before the beginning of the new fiscal year, the old budget shall be acted on pending such ratification. The law shall determine the manner of preparing the budget and determine the fiscal year.|
|Art.116:||The approval of the People’s Assembly shall be considered necessary for the transfer of any funds from one title of the budget to another, as well as for any expenditure not included in it or in excess of its estimates. These shall be issued by law.|
|Art.117:||The law shall determine the provisions regulating the budgets and accounts of public organizations and institutions.|
|Art.118:||The final account of the State budget shall be submitted to the People’s Assembly within a period not exceeding one year from the date of the expiration of the fiscal year. Each title shall be voted upon separately and issued by a law. The annual report of the Central Agency for Accounting and its observations must be submitted to the People’s Assembly. The Assembly has the right to demand from the Central Agency for Accounting any data or other pertinent reports.|
|Art.119:||The imposition, modification or abolition of general taxes cannot be effected except in the cases decreed by law. No one may be exempted from their payment except in the cases specified by law.No one may be asked to pay additional taxes or imposts except in the cases specified by law.|
|Art.120:||The basic rules for collection of public funds and the procedure for their disbursement shall be regulated by law.|
|Art.121:||The Executive Authority shall not contract a loan, or bind itself to a project entailing expenditure of public funds from the State Treasury in the course of a subsequent period, except with the approval of the People’s Assembly.|
|Art.122:||The rules governing the granting of salaries, pensions, indemnities, subsidies and bonuses from the State treasury, as well as the cases excepted from these rules and the authorities charged with their application, shall be determined by law.|
|Art.123:||The law shall determine the rules and procedures for granting concessions related to the investment of natural resources and public utilities. It shall also define cases where it is permitted to dispose free of charge, of real estate property belonging to the State and the ceding of its movable property and the rules and regulations organizing such procedures.|
|Art.124:||Every member of the People’s Assembly shall be entitled to address questions to the Prime Minister or to any of his deputies or the Ministers or their deputies concerning matters within their jurisdiction. The Prime Minister, his deputies, the Ministers and the persons they delegate on their behalf shall answer the questions put to them by members. The member may withdraw his question at any time; this same question may not be transformed into an interpellation in the same session.|
|Art.125:||Every member of the People’s Assembly shall be entitled to address interpellations to the Prime Minster or his deputies or the Ministers and their deputies concerning matters within their jurisdiction. Debate on an interpellation shall take place at least seven days after its submission, except in the cases of urgency as decided by the Assembly and with the Government’s consent.|
|Art.126:||The Minister shall be responsible for the general policy of the State before the People’s Assembly. Each minister shall be responsible for the affairs of his ministry. The People’s Assembly may decide to withdraw its confidence from any of the Prime Minister’s deputies or from any of the Ministers or their deputies. A motion of no confidence should not be submitted except after an interpellation, and upon a motion proposed by one tenth the members of the Assembly. The Assembly shall not decide on such a motion until after at least three days from the date of its presentation. Withdrawal of confidence shall be pronounced by the majority of the members of the Assembly.|
|Art.127:||The People’s Assembly shall determine the responsibility of the Prime Minister, on a proposal by one-tenth of its members. Such a decision should be taken by the majority of the members of the Assembly. It may not be taken except after an interpellation addressed to the Government and after at least three days from the date of its presentation. In the event that such responsibility is determined, the Assembly shall submit a report to the President of the Republic including the elements of the subject, the conclusions reached on the matter and the reasons behind them. The President of the Republic may return such a report to the Assembly within ten days. If the Assembly ratifies it once again, the President of the Republic may put the subject of discord to a referendum. Such a referendum shall be held within thirty days from the date of the last ratification of the Assembly. In such a case the Assembly sessions shall be terminated. If the result of the referendum is in support of the Government, the Assembly shall be considered dissolved, otherwise, the President of the Republic shall accept the resignation of the Cabinet.|
|Art.128:||If the Assembly withdraws its confidence from any of the Prime Minister’s deputies or the Ministers or their deputies, he shall resign his office. The Prime Minister shall submit his resignation to the President of the Republic if he is found responsible before the People’s Assembly.|
|Art.129:||Any twenty members at least, of the People’s Assembly may ask for the discussion of a public question to ascertain the Government’s policy regarding such a question.|
|Art.130:||The members of the People’s Assembly shall be entitled to express their opinions concerning public questions before the Prime Minister or any of his deputies or of the Ministers.|
|Art.131:||The People’s Assembly may form an ad hoc Committee or entrust any of its committees with the inspection of the activities of any of the administrative departments or the general establishments or any executive or administrative organ or any of the public projects, for the purpose of fact – finding and informing the Assembly as to the actual financial, or administrative or economic situation thereof, or for conducting investigations into a subject related to one of the said activities. In the course of its work, such a committee shall be entitled to collect whatever evidence it deems necessary and to subpoena all those it needs. All executive and administrative bodies shall answer the demands of the committee and put under its disposal all the documents and evidence it demands for this purpose.|
|Art.132:||At the inaugural meeting of the ordinary session of the People’s Assembly, the President of the Republic shall deliver a statement of the general policy of the State. He may also make other statements before the Assembly. The Assembly is entitled to discuss the statement of the President of the Republic.|
|Art.133:||After the formation of the Cabinet and at the inaugural meeting of the ordinary session of the People’s Assembly, the Prime Minister shall submit the programme of his Government. The People’s Assembly is entitled to discuss such a programme.|
|Art.134:||The Prime Minister, his deputies, the Ministers and their deputies may become members of the People’s Assembly. Those of them who are not members may attend the sessions and committee meetings of the Assembly.|
|Art.135:||The Prime Minister and the Ministers shall have the right to be heard in the Assembly sessions and committee meetings whenever they ask for the floor. They may ask for the assistance of the highranking officials of their choice. When taking votes a minister shall have no counted vote unless he is a member.|
|Art.136:||The President of the Republic shall not dissolve the People’s Assembly unless it is necessary and after a referendum of the People. In such a case, the President of the Republic shall issue a decision terminating the sessions of the Assembly and conducting a referendum within thirty days. If the total majority of the voters approve the dissolution of the Assembly, the President of the Republic shall issue the decision of dissolution. The decision dissolving the Assembly shall comprise an invitation to the electors to conduct new elections for the People’s Assembly within a period not exceeding sixty days from the date of the declaration of the referendum results. The new Assembly shall convene during a period of ten days following the completion of elections.|
|Part Three: The Executive Authority|
First Branch: The President of the Republic
|Art.137:||The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution.|
|Art.138:||The President of the Republic, in conjunction with the cabinet, shall lay down the general policy of the state and shall supervise its implementation in the manner prescribed in the Constitution.|
|Art.139:||The President of the Republic may appoint one or more Vice-Presidents define their jurisdiction and relieve them of their posts. The rules relating to the calling to account of the President of the Republic shall be applicable to the Vice-Presidents.|
|Art.140:||Before exercising his functions the Vice-President of the Republic shall take the following oath before the President of the Republic : ” I swear by Almighty God to uphold the Republican system with loyalty to respect the Constitution and the Law, to look after the interests of the People in full and to safeguard the independence and territorial integrity of the motherland.”|
|Art.141:||The President of the Republic shall appoint the Prime Minister, his deputies, the Ministers and their deputies and relieve them of their posts.|
|Art.142:||The President of the Republic shall have the right to convoke the Cabinet and to attend its meetings. He shall also preside over the meetings he attends and is entitled to demand reports from the Ministers.|
|Art.143:||The President of the Republic shall appoint the civil and military officials, and the diplomatic representatives and dismiss them in the manner prescribed by the law. He shall also accredit the diplomatic representatives of foreign states.|
|Art.144:||The President of the Republic shall issue the necessary regulations for the implementation of the laws in the manner that would not modify, delay, or exempt them from execution. He shall have the right to vest others with authority to issue them. The law may determine whoever issues the decision requisite for its implementation.|
|Art.145:||The President of the Republic shall issue control regulations.|
|Art.146:||The President of the Republic shall issue the decisions necessary for establishing and organizing public services and administrations.|
|Art.147:||In case it becomes necessary during the absence of the People’s Assembly, to take measures which cannot suffer delay, the President of the Republic shall issue decisions in this respect which have the force of law. Such decisions must be submitted to the People’s Assembly, within fifteen days from the date of issuance if the Assembly is standing or at its first meeting in case of the dissolution or recess of the Assembly. If they are not submitted, their force of law disappears with retroactive effect without having to take a decision to this effect. If they are submitted to the Assembly and are not ratified, their force of law disappears with retroactive effect, unless the Assembly has ratified their validity in the previous period or settled their effects in another way.|
|Art.148:||The President of the Republic shall proclaim a state of emergency in the manner prescribed by the law. Such proclamation must be submitted to the People’s Assembly within the subsequent fifteen days to take a decision upon it. In case the People’s Assembly, is dissolved the matter shall be submitted to the new Assembly at its first meeting. The state of emergency in all cases, shall be for a limited period, which may not be extended unless by approval of the Assembly.|
|Art.149:||The President of the Republic shall have the right of granting amnesty or commuting a sentence. General Amnesty can only be granted by virtue of a law.|
|Art.150:||The President of the Republic shall be Supreme Commander of the Armed Forces. He shall have the authority to declare war after the approval of the People’s Assembly.|
|Art.151:||The President of the Republic shall conclude treaties and communicate them to the People’s Assembly, accompanied with suitable clarifications. They shall have the force of law after their conclusion, ratification and publication according to the established procedure. However, peace treaties, alliance pacts, commercial and maritime treaties and all other treaties involving modifications in the territory of the State or having connection with the rights of sovereignty, or which lay upon the treasury of the State certain charges not included in the budget, must acquire the approval of the People’s Assembly.|
|Art.152:||The President of the Republic may call a referendum of the People on important matters related to the supreme interests of the country.|
Second Branch: The Government
|Art.153:||The Government shall be the supreme executive and administrative organ of the State. It shall be composed of the Prime Minister, his Deputies, the Ministers and their Deputies. The Prime Minister shall supervise the work of the Government.|
|Art.154:||Whoever is appointed Minister or Deputy Minister must be an Egyptian, no less than 35 Gregorian years of age, and enjoying full civil and political rights.|
|Art.155:||Before exercising their functions, the members of the cabinet shall take the following oath before the President of the Republic: ” I swear by Almighty God to uphold the Republican system with loyalty, to respect the Constitution and the law to look after the interests of the People in full and to safeguard the independence and territorial integrity of the motherland.”|
|Art.156:||The Cabinet shall exercise in particular the following functions:
|Art.157:||The Minister shall be the administrative supreme chief of his ministry. He shall undertake the laying down of the Ministry’s policy within the limits of the State’s General Policy and shall undertake its implementation .|
|Art.158:||During the term of his office, the Minister shall not practise any free profession, a commercial, or financial or industrial occupation, buy or rent any State property or lease or sell to or barter with the State any of his own property.|
|Art.159:||The President of the Republic and the People’s Assembly shall have the right to bring a Minister to trial for crimes committed by him in the performance of his duties or due to them . The decision of the People’s Assembly to charge a Minister shall be adopted upon a proposal submitted by at least one-fifth of its members . No indictment shall be issued except by a majority of two-thirds of the members of the Assembly.|
|Art.160:||Any minister indicted shall be suspended from his duties until his case is decided . The termination of his services shall not prevent legal action being taken or pursued against him . The trial of minister, the procedures and guarantees of the trial, and the indictment shall be in accordance with the manner prescribed by the law . These rules shall be applicable to Deputy Ministers.|
Third Branch: The Local Administration
|Art.161:||The Arab Republic of Egypt shall be divided into administrative units, enjoying legal person among which shall be governorates, cities and villages. Other administrative units may be established having legal person when required by common interest.|
|Art.162:||Local People’s Councils shall be gradually formed, on the level of administrative units 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 local People’s Councils . Presidents and Vice-Presidents of the Councils shall be elected from among their members.|
|Art.163:||The law shall determine the way of forming the local People’s Councils, their competences, their financial resources, the guarantees for their members their relation to the People’s Assembly and to the Government as well as their role in preparing and implementing the development plan in controlling various activities.|
Fourth Branch: National Specialized Councils
|Art.164:||National Specialized Councils shall be established on a national level, to assist in planning the general policy of the State in all the domains of national activities. These Councils shall be under the President of the Republic. The formation and functions of each council shall be defined by a presidential decree.|
|Part Four: The Judiciary Authority|
|Art.165:||The Judiciary Authority shall be independent. It shall be exercised by courts of justice of different sorts and competences. They shall issue their judgments in accordance with the law.|
|Art.166:||Judges shall be independent, subject to no other authority but the law. No authority may intervene in judiciary cases or in the affairs of justice.|
|Art.167:||The law shall determine the judiciary organization and their competences, and shall organize the way of their formation and prescribe the conditions and measures for the appointment and transfer of their members.|
|Art.168:||The status of judges shall be irrevocable. The law shall regulate the disciplinary actions with regard to them.|
|Art.169:||The sessions of courts shall be public, unless a court decides to hold them in camera for considerations of public order or morality. In all cases, judgments shall be pronounced in public sessions.|
|Art.170:||The people shall contribute to maintaining justice in accordance with the manner and within the limits prescribed by law.|
|Art.171:||The law shall regulate the organization of the State Security Courts and shall prescribe their competences and the conditions to be fulfilled by those who occupy the office of judge in them.|
|Art.172:||The State Council shall be an independent judiciary organization competent to take decisions in administrative disputes and disciplinary cases. The law shall determine its other competences.|
|Art.173:||A Supreme Council, presided over by the President of the Republic shall supervise the affairs of the judiciary organizations. The law shall prescribe its formation, it competences and its rules of action. It shall be consulted with regard to the draft laws organizing the affairs of the judiciary organizations.|
|Part Five: The Supreme Constitutional Court|
|Art.174:||The Supreme Constitutional Court shall be an independent judiciary body in the Arab Republic of Egypt, and having its seat in Cairo.|
|Art.175:||The Supreme Constitutional Court alone shall undertake the judicial control in respect of the constitutionality of the laws and regulations and shall undertake the interpretation of the legislative texts in the manner prescribed by law . The law shall prescribe the other competences of the court, and regulate the procedures to be followed before it.|
|Art.176:||The law shall organize the way of formation of the Supreme Constitutional Court, and prescribe the conditions to be fulfilled by its members, their rights and immunities.|
|Art.177:||The status 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.|
|Art.178:||The judgments issued by the Supreme Constitutional Court in constitutional cases, and its decisions concerning the interpretation of legislative texts shall be published in the Official Gazette. The law shall organize the effects subsequent to a decision concerning the unconstitutionality of a legislative text.|
|Part Six: The Socialist Public Prosecutor|
|Art.179:||The Socialist Public Prosecutor shall be responsible for taking the measures which secure the people’s rights, the safety of the society and its political regime, the preservation of the socialist achievements and commitment to socialist behaviour. The law shall prescribe his other competences. He shall be subject to the control of the People’s Assembly in accordance with what is prescribed by law.|
|Part Seven: The Armed Forces and The National Defence Council|
|Art.180:||The State 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 or group may establish military or semimilitary formations. The law shall prescribe the conditions of service and promotion for the armed forces.|
|Art.181:||General mobilization shall be organized in accordance with the law.|
|Art.182:||A Council named ” The National Defense Council ” shall be established and presided over by the President of the Republic. It shall undertake the examination of matters pertaining to the methods ensuring the safety and security of the country. The law shall establish its other competences.|
|Art.183:||The law shall organize military judicature, prescribe its competences within the limits of the principles prescribed by the Constitution.|
|Part Eight: The Police|
|Art.184:||Police authority shall be a civil disciplinary body. Its Supreme Chief shall be the President of the Republic . Police Authority shall perform its duty in the service of the people maintain peace and security for the citizens, preserve order, public security and morality, and undertake the implementation of the duties imposed upon it by laws and regulations, in the manner prescribed by the law.|
Chapter Six: General and Transitional Provisions
|Art.185:||The city of Cairo shall be the capital of the Arab Republic of Egypt.|
|Art.186:||The law shall prescribe the Egyptian flag and the provisions relating thereto, as well as the state emblem and the provisions relating thereto.|
|Art.187:||Provisions of the laws shall apply only from the date of their entry into force and shall have no retroactive effect. However, provisions to the contrary may be made, in other than criminal matters, with the approval of the majority of the members of the People’s Assembly.|
|Art.188:||All laws shall be published in the Official Gazette within two weeks from the date of their issuance. They shall be put into force a month after the date following their publication unless another date is fixed for that.|
|Art.189:||The President of the Republic as well as the People’s Assembly may request the amendment of one or more of the articles of the Constitution. The articles to be amended and the reasons justifying such amendments shall be mentioned in the request for amendment . If the request emanates from the People’s Assembly, it should 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 this respect shall be taken by the majority of its members. If the request is rejected, the amendment of the same particular articles may not be requested again before the expiration of one year from the date of such rejection. If the People’s Assembly approves an amendment, in principle, the articles requested to 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, it shall be referred to the people for a plebiscite. If it is approved by the people it shall be considered in force from the date of the announcement of the result of the plebiscite.|
|Art.190:||The term of the present President of the Republic shall be terminated at the end of six years from the date of announcing his election as President of the Arab Republic of Egypt.|
|Art.191:||All the provisions of the laws and regulations prior to the proclamation of this Constitution shall remain valid and in force. However, they may be repealed or amended in conformity with the rules and procedures stipulated in this Constitution.|
|Art.192:||The Supreme Court shall exercise its competences prescribed in the law establishing it, until the Supreme Constitutional Court is formed.|
|Art.193:||This Constitution shall be in force as from the date of announcing the approval of the people in this respect in the referendum.|
|Part One: The Shoura Assembly*|
|Art.194:||The Shoura Assembly is concerned with the study and proposal of what it deems necessary to preserve the principles of the July 23,1952 Revolution and the May 15, 1971 Revolution, to consolidate national unity and social peace, to protect the alliance of the working forces of the people and the socialist gains as well as the basic constituents of society, its supreme values, its rights and liberties and its public duties, and to deepen the democratic socialist system and widen its scope.|
|Art.195:||The Shoura Assembly shall be consulted in the following:
Proposals for the amendment of one or more articles of the Constitution. Draft laws complementary to the Constitution. Draft of the general plan for social and economic development. Peace treaties, alliances and all treaties affecting the territorial integrity of the State or those concerning sovereignty rights. Draft laws referred to the Assembly by the President of the Republic. Whatever matters referred to the Assembly by the President of the Republic relative to the general policy of the State or its policy regarding Arab or foreign affairs. The Assembly shall submit to the President of the Republic and the People’s Assembly its opinion on such matters.
|Art.196:||The Shoura Assembly shall be composed of a number of members defined by the law, not less than 132 members . Two thirds of the members shall be elected by direct secret public balloting, half of whom at least must be workers and farmers . The President of the Republic shall appoint the other third.|
|Art.197:||The law shall determine the electoral constituencies of the Shoura Assembly the number of members in every constituency, and the necessary conditions that should be fulfilled by the elected or appointed members of the Shoura Assembly.|
|Art.198:||The term of the membership of the Shoura Assembly is six years. The election and the appointment of 50% of the total number of the members, should be renewed every three years as defined by law . It is always possible to re-elect or re-appoint those whose term of membership has expired.|
|Art.199:||The Shoura Assembly shall elect a Speaker and two Deputy Speakers at its first ordinary annual session for a period of the three years . If one of these offices becomes vacant , the Assembly shall elect a successor for the rest of the term.|
|Art.200:||No member can hold office in both the Peopleâ€™s Assembly and the Shoura Assembly at one and the same time.|
|Art.201:||The Prime Minister and his Deputies , the Ministers and government officials shall not be held responsible to the Shoura Assembly.|
|Art.202:||The President of the Republic has the right to make a statement upon the general policy of the State or upon any other matter before a joint meeting of the Peopleâ€™s Assembly and the Shoura Assembly, headed by the Speaker of the People â€™s Assembly. The President of the Republic has the right to make whatever statements he wishes before the Shoura Assembly.|
|Art.203:||The Prime Minister and the Ministers and other government officials may make statements before the Shoura Assembly or before one of its committees upon a subject that comes within their competence. The Prime Minister and his Deputies and Ministers and other government officials shall be heard by the Shoura Assembly and its committees upon their request, and they may seek the assistance of any government officials, as they see fit. However, any minister or government official shall not have a counted vote unless he is a member.|
|Art.204:||The President of the Republic may not dissolve the Shoura Assembly except in case of the necessity , while such a decision should comprise an invitation to electors to hold new elections for the Shoura Assembly within a period of the sixty days from the date of its dissolution . The Assembly shall hold its first meeting within ten days from the date of its election.|
|Art.205:||The Provisions included in the following articles of the Constitution shall apply to the Shoura Assembly: (89,90,100,101,102,104,105,106,107,129,130,134), insofar as they are not incompatible with the provisions cited in this chapter. The Shoura Assembly and its Speaker shall exercise the competences specified in the aforementioned articles.|
|Part Two: The Press Authority|
|Art.206:||The press is a popular, independent authority exercising its vocation in the manner stipulated in the Constitution and the law.|
|Art.207:||The Press shall exercise its vocation freely and independently in the service of society through all the means of expression .It shall thus interpret the trend of public opinion, while contributing to its information and orientation within the 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 of the citizens, as stipulated in the Constitution and defined by law.|
|Art.208:||The freedom of the press is guaranteed and press censorship is forbidden. It is also forbidden to threaten, confiscate or cancel a newspaper through administrative measures, as stipulated in the Constitution and defined by the law.|
|Art.209:||The freedom of legal persons whether public or private , or political parties to publish or own newspapers is safeguarded in accordance with the law. The financing and ownership of newspapers and the funds belonging to them, come under the supervision of the people, as stipulated in the Constitution and defined by law.|
|Art.210:||Journalists have the right to obtain news and information according to the regulations set by law. Their activities are not subject to any authority other than the law.|
|Art.211:||A Supreme Press Council shall deal with matters concerning the press . The law shall define its formation, competences and its relationship with the state authorities. The Supreme Press Council shall exercise its competences with a view to consolidating the freedom of the press and its independence, to uphold the basic foundations of society, and to guarantee the soundness of national unity and social peace as stipulated in the Constitution and defined by law.|