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Egypt's constitutional crisis

2019-07-18 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Egypt's constitutional crisis,供大家参考学习,这篇论文讨论了埃及的宪政危机。2011年至2014年,埃及经历了最为复杂的宪政危机。军方发布宪法宣言和修正条款,致力于把持制宪权,遂引发宪法危机;而穆尔西的盲目修宪扩权志在谋求教派利益,稳固统治根基,加剧了宪法危机;在军方庇护下的曼苏尔过渡政府的修宪旨在保障军方与世俗派的统治地位,但危机的根源犹存。埃及的宪政危机说明,公民权利与国家权力之间,以及不同国家权力部门之间的矛盾和冲突。

From February 11, 2011 to 2014, Egypt experienced its most complex constitutional crisis in three years. Review Egypt's constitutional crisis roughly divided into three stages: the first stage is January 25, 2011 solstice June 2012. During this period, power was held by the SCAF, with constitutional declarations, referendums on constitutional amendments, parliamentary elections and presidential elections. The second stage is June 24, 2012 solstice July 3, 2013. In the interim, the brotherhood, led by Mr. Morsi, issued a new constitutional declaration to expand the President's powers and held a referendum on a new draft constitution. The third stage is July 3, 2013 solstice June 8, 2014 SCAF came to power again, ousted morsi, reelected military chief abdel fattah al-sisi after the presidential election, and amended the 2012 constitution, whether the 2014 constitution will move towards democracy is questionable.

Shortly after mubarak's overthrow, the SCAF took over Egypt by dissolving parliament and suspending the 1971 constitution. Announced that it would soon hand power to the people by amending the constitution and holding parliamentary and presidential elections.

A few days later, it appointed a constitutional council to amend some of the old articles of the constitution. The amendments proposed by the committee set out the provisions relating to presidential candidates. It also deals with deputies to the people's congress, how judicial oversight is conducted, the conditions under which the President appoints a vice-president within a set time and declares a state of emergency. A committee of 100 will be formed to draft the constitution, which will be put to a referendum. The amendment mainly amended articles 75, 76, 77, 88, 93, 139, 148, 179 and 189 of the 1971 constitution. The most prominent amendment was article 77, which reduced the term of office of the President from 6 years to 4 years. It stipulated that the President could only serve one consecutive term. The change is important because most presidents in the Middle East serve terms of 20 to 30 years. Secondly, the amendment of article 88 formulates the content of the whole process of judicial supervision and election. Although a majority opposed the amendment, the referendum was 77 per cent in favour, thanks to the support of the brotherhood and the SCAF. The SCAF then announced that parliamentary elections would be held.

The new amendment does not change the second provision of the old constitution, that islamic law is the source of legislation. After the amendment was passed, the SCAF enacted a number of laws. For example, law no. 73/1956 provides for procedures for parliamentary election of candidates. The parliamentary election system was adjusted to better represent minorities and women. It also lowered the voting age. The army and the brotherhood formed an alliance after the SCAF took over. It is not hard to understand why the new amendment passed with such a high vote. In turn, the brotherhood not only accepted the military's proposed transition line, but also mobilized its members to vote for the SCAF constitutional amendment. At first, the alliance seemed to benefit both sides. The military can put itself in a leading position for change with the backing of the brotherhood, which will be able to use its organisational power in the coming elections. However, in order to highlight the military's role, article 56 of the constitutional declaration gives the supreme military council great powers over legislation, budgeting, promulgating and repealing laws. This shows that not only is the military in charge during the transition, but the new President will remain in charge. This transfer of power, which was not in the constitutional framework, sowed the seeds of the crisis in the subsequent power struggle between the Egyptian President and the military.

However, after the 2011-12 parliamentary elections, the brotherhood's relationship with the army became complicated. The brotherhood realizes that despite their electoral victory, they will not be able to influence the reform process and their power will be severely limited. The SCAF not only allocates the DE facto veto in the constitutional process, but also actively tries to predetermine its outcome. Most offensive was deputy prime minister ali al-semi, who unveiled the so-called "selmi principle", which gives the army greater autonomy than in the previous constitution. The initiative was strongly opposed not only by the brotherhood but also by other political forces. In the end, those principles were withdrawn, but military leaders stressed through the document their complete independence from political leaders, heralding continued conflict between the military and the brotherhood.

Mr Morsi won the 2012 presidential election anyway, because the SCAF's constitution gives it the final say. So the first thing morsi did when he came to power was to invalidate the SCAF's constitutional declaration and hold a referendum on a new draft constitution with the aim of expanding the powers of the President.

Since coming to power, the brotherhood has become more politically assertive. Mr. Morsi took the oath of office in the absence of the dissolution of parliament. Mr. Morsi has since issued several presidential decrees aimed at promoting stability and preventing unelected institutions from overstepping their powers. While the President's actions are controversial, they are by no means aimed at undermining the democratic transition. On August 8, militants killed 16 soldiers in the sinai peninsula. In a second move four days later, the President invalidated the SCAF's constitutional declaration and reshuffled the army's leadership. The security incident in rafah has sparked a bitter rift between the President and the military, whose leaders have called for a state of emergency in the sinai peninsula, a move Mr. Morsi described as excessive. Mr. Morsi seized the opportunity to weaken the military and consolidate his presidential authority at a time of heightened tensions. The developments suggest that the brotherhood has used public anger at the military leadership to stage a "coup" to increase its power.

On August 12th he announced the retirement of many senior military officials, including the defence minister, tantawi, to be replaced by sisi. Mr. Morsi also withdrew the executive power the SCAF used to dissolve the elected parliament in June. While ultimately not enough to counter the resilient SCAF, Mr. Morsi's efforts to bring the military to civilian rule have won the support of many. Instead, Mr. Morsi's government is increasingly embroiled in a power struggle with different parts of the former President. These struggles were especially evident in the constitutional process, so Mr. Morsi's reshuffle of military personnel was less a unilateral imposition of presidential will than a concerted redistribution of leadership.

The clashes culminated in Mr. Morsi's decree on Nov. 22, which put him above the law and sought to shield the constitutional drafting process from judicial interference. The President's absolute authority has been blamed for undermining the democratic process. Against a backdrop of escalating opposition, Mr. Morsi fears the Supreme Court will dissolve the constituent assembly again. Accordingly, pre-emptive action was taken to ensure the timely completion of the constitution. A constitutional referendum was held in the third week of December, and the new constitution was ratified and implemented despite low turnout. Anti-morsi protesters filled tahrir square chanting "dictator morsi" and "presidential tyranny."

Against this background, Egypt's already fragile situation has further deteriorated. In February 2013, nearly 80 people died in riots in port said. Mr. Sisi warned that continued public chaos could destabilize the country, a warning that some interpreted as a military coup against the islamist government. In addition, the opposition has established cross-party groups including the national salvation front and tamarod. Took to the streets on the anniversary of the President's inauguration, demanding that he step down. The military gave Mr. Morsi an ultimatum, but he refused to resign. The opposition succeeded in overthrowing the President in large part because its goals dovetailed with the interests of the army's top brass. The SCAF is concerned with maintaining its position, free from the influence of civilian rule.

On July 3, 2013, SCAF returned to power. Morsi was ousted and leading members of the brotherhood were detained and jailed. The constitution was suspended and the SCAF appointed the head of the Supreme Court, mansour, as interim President, who will remain in office until the next President is elected. The next day it set up a transitional government and a committee to revise the 2012 constitution. It is clear that the military is once again regaining control of constitutional power through self-empowerment. The new draft constitution was revised by the "constitutional review committee" on December 1, 2013, and passed by 98.1 percent in a referendum on January 15 and 16, 2014.

The military intervention was a prelude to a return to dictatorship. Since then, the security forces have cracked down on every sign of resistance, especially among members of the brotherhood. Tens of thousands of people have been jailed for political reasons, weakening the brotherhood's structure and threatening islamist and non-islamist protesters. It ended with the mass illegal killing of peaceful protesters in August 2013. Coup supporters saw the takeover by SCAF as the fulfillment of the will of the people. By this account, the army was forced to respond to the morsi protests. However, the ouster of a democratically elected government through a military coup is not only considered a legitimate exercise of the "will of the people", but also asserts that the military's intervention is a legitimate response to the demonstrations. In the new constitutional process, the military is trying to ensure autonomy for its institutions. A new constitution drafted by mansour's leadership council was approved in a referendum in January 2014. Two weeks later, the military approved sisi as a presidential candidate. The 2014 constitution gives the military more decisive constitutional powers over "national security" issues, budget issues and military justice.

Throughout Egypt's constitutional crisis: the military issued a constitutional declaration and amendment articles, trying to hold the constitutional power, then triggered the constitutional crisis; However, morsi's blind constitutional amendment and power expansion aimed at seeking sectarian interests, which consolidated the ruling foundation and aggravated the constitutional crisis. The changes to the constitution of mansour's military-backed transitional government are intended to ensure military and secular rule, but the roots of the crisis remain. The constitutional crisis in Egypt also shows that the contradictions and conflicts between civil rights and state power, as well as between different departments of state power, may pose a major threat to the existing constitutional system if not solved in a timely and effective manner, and thus evolve into a serious crisis.

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