Drafting Egypt’s Constitution: Can a New Legal Framework Revive a Flawed Transition?

Abstract

http://ssrn.com/abstract=2026954:النسخة العربية من هذه الورقة

As the fundamental document establishing a framework for governance, the new Egyptian constitution will have a lasting effect on Egyptian law, politics, and society for years to come. However, Egypt’s transition is shaping up to be a case study in how not to initiate a constitution-writing process. If Egypt is to emerge with a stable constitutional order that protects basic rights, it will be in spite of the mismanaged transition dictated by the ruling Supreme Council of the Armed Forces (SCAF). This paper examines the most important issues and actors in Egypt’s constitution drafting process, with a special focus on how procedural deficits may result in substantive shortcomings in the new constitution itself. The paper draws attention to the gulf between “best practices” in constitutional design and the political realities of the Egyptian transition. Policy recommendations are presented in light of these realities.

Keywords: Constitution, Constitutional Design, Egypt, Middle East, Political Transition, Democratization