The present Egyptian constitution was drafted by a committee appointed by the late president Anwar Al-Sadat and promulgated in 1971. The 211 articles of the constitution deal primarily with the system of government and political and civil freedoms, but also with other superfluous matters, as is the case with the 33 articles of chapter 2, on the Basic Constituents of Society. While the constitution dedicates the whole of chapter 3 to Public Freedoms, Rights and Duties, the regulation of most basic rights is delegated to constrictive supplementary laws, such as the Formation of Political Parties (article 5), Nationality (article 6), Freedom of Expression (article 47), Migration (article 52), and Freedom of Assembly and Association (articles 53 and 54). Moreover, though the term itself was expunged in a recent amendment, socialism retains substantial influence in the constitution, a fact which seriously undermines Private Property and Freedom of the Market (e.g. in articles 23 and 32).
While we tackle these problems on a practical level in our specific legal and economic programs, our Political and Civil Freedoms program focuses rather on the philosophical aspects of Constitutional Law. The main objective is to direct public discussion in Egypt towards a serious debate over the role of government in society by introducing a thorough critique of the present constitution and its supplementary laws on the basis of Classical Liberalism. This is a tentative but necessary step if we are to embark on a sustainable transformation toward Liberalism in Egypt, for while political pundits often raise the issue of amending or replacing the constitution, their arguments as of yet revolve entirely around procedural concerns, particularly regarding democracy, which are far removed from the reality of day-to-day life in Egypt. Therefore, before drafting amendments for the present constitution or introducing a new one, we must first address the most interested party, the Egyptian citizen.
A Note on Emergency Law:
Law 162/1958 on the State of Emergency, notoriously known as the Emergency Law, gives the President the right to suspend virtually all freedoms granted by the constitution by written or verbal order in cases of emergency. It also establishes the Emergency State Security Court System which allows for the court-martialing of civilians. The State of Emergency has been imposed in Egypt without interruption for the past 29 years. Obviously, the Emergency Law casts a shadow on any attempt at legal reform in Egypt. Despite indications that the state of emergency will be lifted in the coming few months, we believe that the law itself must be annulled. Meanwhile, we will take the law into account in all aspects of our legal work as long as the state of emergency is imposed.