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International IDEA & The Center for Constitutional Transitions at NYU Law

Opinion: “The 2012 Constitution of the Arab Republic of Egypt: Assessing Horizontal Power Sharing Within a Semi-presidential Framework”

After the uprisings of the Arab Spring that forced Hosni Mubarak from power in Egypt, a constituent assembly drafted a constitutional text to replace the 1971 Constitution. The constituent assembly approved this new constitutional text in November 2012, and following approval at popular referendum in December 2012, the 2012 Constitution went into effect on 26 December 2012.

When Mohamed Morsi was forced from the presidency in July 2013, an interim government was appointed and the 2012 Constitution suspended. A committee of ten experts was appointed to propose amendments to the 2012 Constitution. During July 2013, Constitutional Transitions and the West Asia and North Africa branch of International IDEA drafted an opinion on the strengths and weaknesses of the 2012 Constitution. This opinion offers analysis of the provisions of the 2012 Constitution that established the horizontal distribution of powers between the legislature, president and prime minister.

The opinion is based on substantial research conducted by Constitutional Transitions and International IDEA into the semi-presidential system of government. This research was published as a Working Paper, available here. In addition, a substantial report on semi-presidentialism produced by Constitutional Transitions and International IDEA will soon be available online.

Opinion: “The 2012 Constitution of the Arab Republic of Egypt: Assessing Horizontal Power Sharing Within a Semi-presidential Framework”

In July 2013, Constitutional Transitions and the International Institute for Democracy and Electoral Assistance (International IDEA) prepared an opinion outlining strengths and weaknesses of the 2012 Egyptian Constitution. An Arabic language version of the opinion is now before the “Committee of 50,” appointed by Egypt’s interim government to draft a new constitutional text.

Read the opinion:      English       Arabic

About the Centers

Constitutional Transitions generates and mobilizes knowledge in support of constitution building. Constitutional Transitions generates knowledge by identifying issues of critical importance to the success of constitutional transitions, where a lack of adequate, up-to-date research impedes the effectiveness of technical assistance for constitution building, and assembles and leads international networks of experts to complete thematic research projects that offer evidence-based policy options to practitioners. Constitutional Transitions mobilizes knowledge through an innovative clinical program that provides “back office” research support to constitutional advisors in the field, and deploys faculty experts and field researchers for support on the ground. We meet existing field missions’ needs for comprehensive research, dramatically enhancing their effectiveness and efficiency in their role as policy advisors and actors.

www.constitutionaltransitions.org


International IDEA is an intergovernmental organization with 28 member states that supports sustainable democracy worldwide. International IDEA’s mission is to support sustainable democratic change by providing comparative knowledge, and assisting in democratic reform, and influencing policies and politics.

International IDEA produces comparative knowledge in its key areas of expertise: electoral processes, constitution building, political participation and representation, and democracy and development, as well as on democracy as it relates to gender, diversity, and conflict and security. IDEA’s work is non-prescriptive and IDEA takes an impartial and collaborative approach to democracy cooperation; emphasizing diversity in democracy, equal political participation, representation of women and men in politics and decision making, and helping to enhance the political will required for change. International IDEA is a Permanent Observer to the United Nations.

www.idea.int

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