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- he system of state bodies of Egypt
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- 2. Contents : 1_Introduction ………………………………………………………….. 3 2_The head of the state ……………………………………………. 5 3_legislative power ………………………………………………….. 7
- 3. Introduction The politics of Egypt is based on republicanism, with a semi-presidential system of government. The
- 4. The position was created after the Egyptian Revolution of 1952; Mohammed Naguib was the first to
- 5. The head of the state : The first President of Egypt was Mohamed Naguib, who, along
- 6. Presidential powers Under the system created by the 1980, 2003 and 2007 constitutional amendments to the
- 7. Legislative power : The Parliament of Egypt is located in Cairo. As the legislative authority, it
- 8. The Egyptian legal system is built on the combination of Islamic (Shariah) law and Napoleonic Code,
- 9. The House of Representatives The House of Representatives (formerly under the name of People’s Assembly) was
- 10. Executive Power The President of Egypt is the Head of the State, and he is also
- 11. Term(s) of Office: According to Article (140) of the Constitution, after being elected by direct secret
- 12. Judicial power As the third independent authority of the State, the Egyptian Judiciary is comprised of
- 13. The Supreme Constitutional Court The Supreme Constitutional Court is an independent body in the Arab Republic
- 14. Court of Appeal There exist around eight Courts of Appeal in Egypt, all located in major
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Contents :
1_Introduction ………………………………………………………….. 3
2_The head of the state ……………………………………………. 5
3_legislative
Contents : 1_Introduction ………………………………………………………….. 3 2_The head of the state ……………………………………………. 5 3_legislative
Introduction
The politics of Egypt is based on republicanism, with a semi-presidential system of government. The current political
Introduction The politics of Egypt is based on republicanism, with a semi-presidential system of government. The current political
The Parliament of Egypt is the oldest legislative chamber in Africa and the Middle East. The unicameral Parliament has the ability to impeach the President through Article 161. With 2020 elections to the new Senate, the chamber becomes bicameral.
The position was created after the Egyptian Revolution of 1952; Mohammed Naguib
The position was created after the Egyptian Revolution of 1952; Mohammed Naguib
The Article 133 of the Egypt’s constitution of 2012 determines a 4-year period of presidential mandate, to which the candidate can only be re-elected once. According to the document, to be eligible the candidate “must be Egyptian born to Egyptian parents, must have carried no other citizenship, must have civil and political right, cannot be married to a non-Egyptian,” and not be younger than 40 Gregorian years.
The Article 146 declares the president of being the Supreme Commander of the Armed Forces. However, to declare war or to send armed forces outside state territory the president must consult the National Defense Council likewise have the approval’s majority of the MPs.
A constitutional referendum was held in Egypt from 20–22 April 2019, with overseas voting taking place between 19 and 21 April. The proposed changes allowed President Abdel Fattah el-Sisi to remain in power until 2030; under the previous version of the constitution, he would have been barred from contesting the next elections, set to take place in 2022. The changes were approved by 88.83% of voters who voted, with a 44% turnout
The head of the state :
The first President of Egypt was Mohamed
The head of the state : The first President of Egypt was Mohamed
Naguib resigned as president in November 1954, following a severe rift with the younger military officers who had participated with him in the revolution. Thereafter, the office of President remained vacant until January 1956, when Gamal Abdel Nasser was elected as president via a plebiscite. Nasser would remain as President of Egypt, and then President of the United Arab Republic, until his sudden death in September 1970 at the age of 52.
Nasser was succeeded as president by his vice president, Anwar Sadat, elected by plebiscite in October 1970. Sadat served as president until his assassination in October 1981, after which his vice president, Hosni Mubarak, was elected president by plebiscite.
In the Egyptian Revolution of 2011, Mubarak, who held office from 14 October 1981 until 11 February 2011, was forced to resign following mass nationwide protests demanding his removal from office. On 10 February 2011 Mubarak transferred presidential powers to his recently appointed vice president, Omar Suleiman Suleiman's wielding of presidential powers was a momentary formality, as the position of President of Egypt was then officially vacated, and the Supreme Council of the Armed Forces, led by Field Marshal Mohamed Hussein Tantawi, assumed executive control of the state. On 30 June 2012, Mohamed Morsi was sworn in as President of Egypt, having won the 2012 Egyptian presidential election on 24 June.
Presidential powers
Under the system created by the 1980, 2003 and 2007
Presidential powers
Under the system created by the 1980, 2003 and 2007
The 2012 Constitution, provides for a semi-presidential form of government in which the President shares executive powers with the Prime Minister. This structure was retained under a new Constitution that was ratified on 2014, one year after a military coup ousted the country's first democratically elected president, Mohamed Morsi. Defense Minister and Field Marshal Abdel Fattah el-Sisi later suspended the 2012 Constitution. Sisi was elected President of Egypt under the 2014 Constitution, months after it was ratified.
Under the present 2014 Constitution, the President is the head of state as well as that of the executive. He or she lays down, along with the Prime Minister and the Cabinet, the state's general policy and oversees its implementation, represents Egypt in foreign relations and has the power to ratify treaties, can issue decrees having the force of law when the House of Representatives is in recess and such decrees is subject for approval by the House after resuming its sessions at the end of the recess and acts as the supreme commander of the armed forces. He or she has also the power of pardon, and exercise necessary powers in times of emergencies.
Legislative power :
The Parliament of Egypt is located in Cairo. As the legislative
Legislative power : The Parliament of Egypt is located in Cairo. As the legislative
The Parliament was, since 1980, a bicameral legislature. It formerly consisted of two chambers:
The People’s Assembly and
The Shura Council.
Under the 2014 Constitution, the Parliament contained only one chamber, which is the House of Representatives. The Shura Council was abolished, but later on, in the 2019 Constitutional Amendments, the second chamber of Parliament was resurrected under the name of “House of Senates”. That said the Parliament now consists of two chambers:
The House of Representatives and
The House of Senates.
Under the Constitution, every year, the Parliament meets for one nine-month session, but under special conditions, the President may call the Parliament into session.
The Egyptian legal system is built on the combination of Islamic
The Egyptian legal system is built on the combination of Islamic
The Egyptian legal system, being considered as a civil law system, is based upon a well-established system of codified laws. Egypt’s supreme law is its written constitution. With respect to transactions between natural persons or legal entities, the most important legislation is the Egyptian Civil Code of 1948 (the “ECC”), which remains the main source of legal rules applicable to contracts. Much of the ECC is based upon the French Civil Code and, to a lesser extent, upon various other European codes and upon Islamic (Shariah) law, especially in the context of personal status.
Despite the non-existence of an established system of legally (de jure) binding precedents, judicial decisions do have persuasive authority. Courts are morally and practically expected to uphold the principles and judgments of the Court of Cassation for civil, commercial, and criminal matters, and the Supreme Administrative Court for administrative and other public law matters.
It is worth noting that the classical dichotomy of public and private law has resulted in the crystallization of a separate set of legal rules applicable to transactions involving the State (or any of its institutions, subsidiaries, or state-owned enterprises) acting as a sovereign power. This entailed the establishment of the Egyptian Council of State (Conseil d'Etat) by virtue of Law No.112 of 1946 as amended by Law No. 9 of 1949, which consists of administrative courts vested with the power to decide over administrative disputes pertaining to administrative contracts and administrative decrees issued by government officials. These courts apply administrative legal rules, which are not entirely codified; hence, because often no applicable legislative rules exist, the scope of judicial discretion is ample in light of the established principles laid by the supreme courts.
The House of Representatives
The House of Representatives (formerly under the name of People’s
The House of Representatives
The House of Representatives (formerly under the name of People’s
Executive Power
The President of Egypt is the Head of the State,
Executive Power
The President of Egypt is the Head of the State,
Requirements to Hold Office: Article (141) of the Egyptian Constitution clearly states that a presidential candidate of Egypt must meet certain requirements. First, he/she must be an Egyptian national, born to Egyptian parents and neither his/her parents nor his/her spouse may have held another citizenship. He/She must enjoy both political and civil rights. Moreover, his/her age should not be less than 40 calendar years on the day of registration as a candidate.
Term(s) of Office: According to Article (140) of the Constitution, after being elected
Term(s) of Office: According to Article (140) of the Constitution, after being elected
Powers: According to Article (146) of the Constitution, the President of the Republic assigns a Prime Minister to form the government and introduce his/her program to the House of Representatives. If his/her government does not win the confidence of the majority of the members of the House of Representatives within thirty days at the most, the President shall appoint a Prime Minister who is nominated by the party or the coalition that holds the majority or the highest number of seats in the House of Representatives. If the government of such prime minister fails to win the confidence of the majority of the members of the House of Representatives within thirty days, the House shall be deemed dissolved, and the President of the Republic shall call for the election of a new House of Representatives within sixty days from the date on which the dissolution is announced. In the event the government is chosen from the party or the coalition that holds the majority or the highest number of seats in the House of Representatives, the President of the Republic shall, in consultation with the Prime Minister, choose the Ministers of Defense, Interior, Foreign Affairs and Justice.
According to Article 102 of the Constitution, the President may appoint no more than 5% of the members of the House of Representatives. The President shall call the House of Representatives to session (Article 115). According to Article 151 of the Constitution, the President represents the State in its foreign relations and concludes treaties and ratifies them after the approval of the House of Representatives. Voters must be called for referendum on the treaties related to making peace and alliances, as well as those relating to sovereign rights. In all cases, no treaty which is contrary to the provisions of the Constitution or which results in ceding any part of the State’s territory may be concluded. However, the President, after consulting the Cabinet, may pardon the convicts or reduce their punishment (Article 155).
Judicial power
As the third independent authority of the State, the Egyptian
Judicial power As the third independent authority of the State, the Egyptian
The Egyptian Court system is composed of a number of tiers: the Courts of First Instance, Court of Appeal and the Court of Cassation which sits at the apex of the judiciary. The classical dichotomy of public and private law has resulted in the establishment of the Council of State (Conseil d'Etat), which consists of administrative courts vested with the power to decide over administrative disputes pertaining to administrative contracts and administrative decrees issued by government officials and public law entities. The Supreme Constitutional Court was established in 1970 replacing the Supreme Court established in 1960 and has exclusive jurisdiction to decide questions regarding the constitutionality of laws and regulations, as well as negative and positive conflict of jurisdiction.
Generally, the Egyptian judges are familiar with civil law systems’ concepts, and despite the huge case backlog and time-consuming proceedings, the principles of due process and judicial review are inherently cherished and respected. Accessibility to justice is an indispensable principle of the Egyptian legal system. Judges enjoy judicial immunity and cannot be dismissed by the Executive Authority. However, due to the large amount of cases before the courts, courts experience backlog, which adversely affects the efficiency of the entire judicial system. Furthermore, fees to administer judicial proceedings are not very high, and judicial aid through appointing lawyers as representatives for those who are unable to afford a lawyer is generally available.
The Supreme Constitutional Court
The Supreme Constitutional Court is an independent body
The Supreme Constitutional Court
The Supreme Constitutional Court is an independent body
The Court is the highest judicial power in Egypt. By virtue of Article 25 of the Supreme Constitutional Court’s Law No.48 of the Year 1979, the court is empowered to:
Determine the constitutionality of laws and regulations;
Decide on jurisdiction disputes between judicial bodies or authorities of judicial competence;
Decide on the disputes that might take place as a result of enforcing two final contradictory rulings issued by two different judicial entities; and
Interpret the laws issued by the Legislative Authority and the decrees issued by the Head of the State in case of any divergence with respect to their implementation.
The President of the Republic chooses the head of the Constitutional Court from among the five oldest deputy heads of the Courts (Article 193 of the Constitution).
Court of Cassation
In 1931, the Court of Cassation was established to provide exclusive and uniform interpretation and application of the law. The Court of Cassation is at the apex of the non-administrative courts in Egypt and is based in Cairo.
The Court of Cassation’s jurisdiction hears challenges brought to it by either adversary or by public prosecution; it also includes the examination of lawsuits that arose from a judge’s action. When such a dilemma occurs, the courts assume the role of a court of merit rather than a court of law.
Another function of the Court is to give rulings in cases of reparations for all violated verdicts. The Court issues annual collections on approved judicial principles in the title “Rulings and Principles of the Court of Cassation”. According to Article (107) of the Constitution, the Court of Cassation is entrusted with deciding over the validity of the membership of the delegates of the House of Representatives.
Court of Appeal
There exist around eight Courts of Appeal in Egypt,
Court of Appeal
There exist around eight Courts of Appeal in Egypt,
Appeals from rulings rendered by the Courts of First Instance should be made within specific time frames, otherwise an appeal will be rejected, as such, time limits are mandatory. Judgments rendered by a Court of Appeal are final only open to challenge before the Court of Cassation, and usually on points of law or lack/inconsistency of reasoning.
Court of First Instance
The Courts of First Instance are first degree courts, which have the competence to consider lawsuits filed before them only if they fall under their jurisdiction; their rulings are, generally, subject to appeal. The Courts of First Instance are divided into Primary Courts and District Courts. Cases are mainly divided between both Courts on the basis of their value, leaving minor cases less than 40000 EGP (forty thousand Egyptian pounds) to be decided by the District Courts. Appeals made on the judgments of the District Courts are brought in front of a Primary Court with an appellate body, which is at the same standing of the Court of Appeal.
Judges sitting in Courts of First Instance are relatively young and rank below the judges of the Courts of Appeal and the Court of Cassation in terms of experience and seniority.