Egypt, the most populous Arab nation, has been facing turmoil since its 25 January 2011,18-day popular mass revolution which toppled then president Hosni Mubarak. Though Mubarak has not been at the helms of state affairs and has been facing music ever since, the remnants of his regime in the various social and government institutions, including the Supreme Constitutional Court (SCC), have been creating troublesof sorts for the elected president and senate and popularly adopted new constitution. The latest in the string of turmoil in the country is 2 June ruling of SSC which invalidatesone-third of the Shura Council due to a fault in the Elections Law, as well as the committee that drafted the newconstitution.
This SSC ruling shows how the Mubarak legacy is still trying to rise from the ashes by disrupting the elected institutions though it is not going to change anything on the ground, for the ruling confirms that Shura Council remains in full charge of legislation, according to the text of Article 230 of the constitution, which states that the Shura Council must remain in power until the House of Representatives is elected. In this regard, there is a relevant precedent that occurred in Germany, where an election law was ruled invalid, while dissolution of the Legislative Council was postponed and the Council remained in power with its powers unaffected. Similarly, the SSC ruling recognises the Shura Council as the country’s legislature, with its current setup and that it must continue its legislative role until the House of Representatives is elected, and that the constitution, which was approved by two-thirds of the people following a popular referendum, is still the country’s national charter and frame of reference.
But the question of paramount importance is whythe SCC pronounced only one-third of the House invalidthis time, while earlier in June 2012 it had ruled the entire People’s Assembly invalid, although the legal texts are the same. This question shows that the SCC move is desperate and also that certain individuals are as determined as ever to drag Egypt’s judiciary into political conflict.
The latest ruling of the SCC which consists of Mubarak regime appointees is not going to help Egypt. The solution lies in reformation of the constitutional body with a strong presidential decree and holding of the election of House of Representatives without making any delay, for in any case it is the people’s will that has to prevail in a democracy.