CAIRO The draft constitution that Egyptians will vote on Dec. 15 is supposed to usher in the kind democratic reform that protesters demanded nearly two years ago in protests that led to the fall of then-President Hosni Mubarak. Yet the rushed document is peppered with caveats and does little to clarify what role government should have in a democratically ruled Egypt.
On Saturday, Egyptian President Mohammed Morsi gave his stamp of approval to the document and urged its passage. The Muslim Brotherhood, the organization through which Morsi gained prominence, made clear it would bring its vast organizational abilities to ensure passage, turning out millions at rallies Saturday in a show of support. Many of those participating in the rallies wore headbands urging approval for the document.
In setting the date for the referendum, Morsi, who is locked in a battle with the country's judiciary that will reach a climax today with a ruling on the legitimacy of the assembly that wrote the constitution, pointedly noted it would reduce the authority of the president, removing the executive's right to dissolve the Parliament without a referendum. Morsi also has vowed to hand back a number of powers he has given himself during the writing process.
But even approval of the document promises possibly years of debate over just what a government will be able to do in this country that never before has had truly elected leaders.
Of the document's 234 articles, 33 include caveats on certain freedoms and powers usually phrased as “regulated by law.” For example, Article 39 protects citizens from government searches of their homes, except where the law says otherwise. But in what cases can there be such exemptions? The constitution does not say.
Article 43 protects the freedom to practice religion “as regulated by law.” News organizations cannot be shut down except by “court order,” without spelling out under what circumstances a court could issue such an order. The establishment of new organizations is “regulated by law,” without explaining what those laws would regulate.
The proposed constitution also doesn't make clear what exactly is expected of each branch of government or the repercussions if the legislature, president or judiciary fail to carry out their duties. It spells out how one qualifies to run for the People's Assembly, the lower house of the bicameral Parliament. It also says where the assembly can meet, how one can resign and how to fill vacancies. But it does not say precisely how the legislative body goes about passing laws.
Article 140 describes the role of the president but offers no specifics on how he should go about carrying out those duties. “The President of the Republic, in conjunction with the Cabinet, shall lay out the public policy of the State and oversee its implementation, in the manner prescribed in the Constitution,” Article 140 reads.