Wednesday, November 7, 2012

New Draft Constitution in English


The notes to modify the wording of some of the material, and delete other materials. This also is the first draft of which could be used in the debate community.
Part I: State and Society:
Article (1)
Arab Republic of Egypt an independent sovereign state, a united indivisible, and its democratic system. The Egyptian people are part of the Arab and Islamic nations, and is proud of belonging to the Nile Basin, Africa and the Asian extension, and participate actively in the human civilization.
Article (2)
Islam is the state religion, and the Arabic language the official language, and the principles of Islamic Sharia the main source of legislation.
Article (3)
Principles canons of Egyptian Christians and Jews, the main source of legislation governing personal status, and religious affairs, and choose their spiritual leaders.
Article (4)
Al-Azhar body independent Islamic, respect alone carry on all his affairs, his field the Islamic nation and the whole world, and publishes the science of religion and the Islamic faith, and the State guarantees sufficient funds available to achieve its objectives, and choose the senior scientists Tantawi, shall not be exempted from the other. And taken the opinion of the senior Al-Azhar scholars in matters pertaining to Islamic law. All this in the manner prescribed by the law.
Article (5)
Exercised sovereignty of the people and protect, and safeguard national unity, which is the source of authority, and in the manner prescribed in the Constitution.
Article (6)
The democratic system on the principles of Shura, and citizenship are resolved between all citizens in rights and duties, and political and party pluralism, rule of law, and respect for human rights, and to ensure the rights and freedoms, and the peaceful transfer of power, separation of powers and the balance between them, and in the manner set out in the Constitution.May not be the establishment of political parties based on the distinction between citizens on the basis of gender, origin or religion.
Article (7)
Egyptian society is based on justice, equality and freedom, compassion and social solidarity and solidarity among its members in protecting lives and symptoms of funds, and to achieve sufficiency for all citizens.
Article (8)
The State shall ensure the security and tranquility and equal opportunities for all citizens without discrimination.
Article (9)
Family is the foundation of society, religion, morality and patriotism. The state and society is keen on genuine character of the Egyptian family, and its cohesion and stability, and the protection of moral values.
Article (10)
Committed to the state and society under the auspices of ethics and morals and protection, and empowerment of genuine Egyptian traditions, and taking into account the high level of education and religious values ​​and national scientific facts, and Arab culture and historical heritage and civilization of the people, and that, according to regulated by law.
Article (11)
The State shall protect cultural and civilizational unity and language of the Egyptian society, and working on the Arabization of science and knowledge.
Article (12)
Creation of a civilian ranks prohibited.
Article (13)
Aims of the national economy to achieve sustainable development balanced, and the protection of production and increase income, and to ensure social justice and solidarity, and safeguard the rights of workers and ensure a fair distribution, raising the standard of living, and the eradication of poverty and unemployment, and increasing job opportunities, and partnership between capital and labor in the cost of development, and the equitable sharing of revenues, and linking pay to production, and lessening the disparities between incomes put a guaranteed minimum wage in order to ensure a decent life for every citizen, and a maximum in the government and the interests of the state and its institutions, and with the exception of only on the basis of law.
Article (14)
Agriculture is essential to the national economy, and is committed to the State to protect farmland, and increased, and crop development and plant varieties and animal breeds and Fisheries and protection, and achieve self-sufficiency of them, and provide the requirements of agricultural production and good management and marketing, and support agricultural industries.
The law regulates the use of state land in order to achieve social justice, and protects the farmer and agricultural laborer from exploitation.
Article (14 bis)
Industry is essential for the Egyptian economy. The State shall protect strategic industries, and supports industrial development over production.Means cultural industries and high-tech industries. And include the resettlement of modern technology and its applications. The State supports the craft, and cares for the rights of workers.
Article (15)
Natural resources belong to the people, and their returns right to him, the state is committed to maintaining and proper exploitation without prejudice to the requirements of national defense and the economy, and taking into account the rights of future generations, and all the money has no owner construed to state ownership. No obligations or may be granted concessions to exploit the territory of the State or any of its natural resources or public utilities, except by law.
Article (16)
Nile River and groundwater resources national wealth, and the state is committed to maintaining, development and protection, and to prevent abuse. The law regulates the use of means.
Article (17)
The state is committed to protecting its beaches, seas and lakes, and maintenance of monuments and nature reserves, and remove from encroachments located.
Article (18)
The state guarantees the different forms of ownership kinds of legitimate public, cooperative and private endowment, and protected by, and as shall be regulated by law.
Article (19)
Public funds are inviolable, and protect national duty on both the state and society.
Article (20)
The State shall foster cooperatives in all its forms, and supported by, and ensure its independence, and organize crafts and encourages them leading to the development of production and increase income.
Article (21)
Private property is inviolable, and Todi and its social function in the service of the national economy without deviation or exploitation or monopoly, may not be placed under sequestration except in the cases based on the law, and a judicial ruling. Tend not only for the public benefit and against fair compensation paid in advance and the right of inheritance shall be guaranteed, and all that and as shall be regulated by law.
Article (22)
State is committed to reviving the system and encourage charitable endowment. The law regulates the endowments, and determine how to establish a moratorium suspended and asset management and investment and the distribution of revenues to the beneficiaries in accordance with the requirements of the law.
Article (23)
The system of taxes and overhead costs on social justice, not be imposed or canceled or exemption from one and not be required to pay is only within the limits of law.
Article (24)
Employees share in the management of projects, and in their profits, and committed to the development of production and the preservation of its tools and the implementation of his plan in their units productivity as regulated by law, and be represented by fifty percent in the membership of the boards of public sector units elected, and by eighty percent in the membership of the boards of agricultural cooperatives and industrial .
Article (25)
Beneficiaries shall participate services projects of public interest in their management and oversight, and as shall be regulated by law.
Article (26)
Nationalization may not only to considerations of public interest, and the law, and against fair compensation.
Article (27)
Confiscation of property is prohibited. They may not be confiscated without a court order.
Part II: the rights and freedoms and duties:
Article (28)
Human dignity is the right of every human being, to ensure society and the State to respect and protection, may not insult anyone or his contempt.
Article (29)
Egyptian nationality right to be regulated by law, and prohibits dropping from Egypt. Permission may not change them who acquired only within the limits of law.
Article (30)
Citizens are equal before the law, they are equal in public rights and duties without discrimination between them on, on grounds of sex, origin, language, religion or belief, opinion or social status, or disability.
Article (31)
Personal freedom is a natural right, and shall not be touched.
Article (32)
Except in the case of flagrante delicto, no one may be arrested, searched, nor imprisoned, nor prevented from free movement does not restrict his freedom under any other except by a reasoned order of the competent judge. And must inform all of restricting freedom of the reasons therefor in writing within twelve hours, and to report to the investigating authority within twenty-four hours from the time restrict his freedom, and is not being interrogated only in the presence of his lawyer, the scar is not a lawyer.
Each of freedom is restricted, and others, the right to appeal before the courts of this procedure, and the chapter during the week, and only must be released.
The law regulates the provisions of pre-trial detention and its duration and its causes, and cases of entitlement to compensation and performance for remand or on the implementation of the death sentence was issued is canceled executing rule thereunder.
Article (33)
Each of the arrested, or imprisoned, or whose freedom is restricted in any way, must be treated in order to preserve human dignity, may not intimidate him not to be compelled not harmed physically or morally, not be booked or imprisoned except in places decent humane and healthy and are subject to judicial supervision. The violation of any of that offense punishable in accordance with law. Confession is proved to have been issued under the weight of any of the above, or something threat thereof, shall be null and reliable.
Article (34)
Prison discipline and House to refine and reform; subject to judicial supervision which prohibits all that is contrary to human dignity, or jeopardize his health. And the state is to rehabilitate convicts, and facilitate their decent life after their release.
Article (35)
Private life of citizens privacy. Correspondence postal, telegraphic, electronic and telephone conversations and other means of communication privacy, and confidentiality is guaranteed, and may not be confiscated or monitored, viewing them without a reasoned order of the competent judge, and for a definite period, and in cases prescribed by law.
Article (36)
Homes are inviolable; must not be entered or inspected and monitored only in cases specified in the law, and yet alert, and a reasoned order of the competent judge determines the place and purpose of the inspection, timing, and all that in cases of danger or distress.
Article (37)
Secure the right to life of each human being, guaranteed by the state for each resident on its territory. And provide the necessary legal means to protect the rights, which is threatened by criminal phenomena. The State guarantees for eligible fair compensation in cases of death or disability arising from the crime, and that the manner prescribed by the law.
Article (38)
For the sanctity of human body, and prohibits trafficking in organs may not be carried out by medical or scientific experiments without his free consent binder, and in accordance with established scientific stable in medical science, and as regulated by law.
Article (39)
Freedom of belief is inviolable. The state guarantees the freedom of worship of the heavenly religions as regulated by law.
Article (40)
Prohibit abuse or compensation in the Messengers and Prophets all.
Article (41)
Freedom of thought and opinion is guaranteed, and everyone has the right to express his thought and his opinion orally or in writing, photography or other means of publication and expression.
Article (42)
Freedom of creativity, in its various forms, the right of every citizen, and promote the state of science and arts and literature, and sponsor of creators and inventors, and protect their creations and innovations, and is working on the application for the benefit of society, and take the necessary measures to preserve the nation's cultural heritage diversity, and promotes cultural and social services.
Article (43)
Access to information, data and statistics, documents and circulation, from whatever source and place, a right guaranteed to citizens, and committed to the state by enabling them to exercise this right without constraints and information disclosure, not inconsistent with national security, does not affect the sanctity of private life.
The law regulates the rules of filing public documents, conservation and access to information, and grievance procedures refused to give it, and what the consequences of this rejection of the death.
Article (44)
Freedom of the press, printing, publishing and other media is guaranteed, and control over what is published is prohibited, and may be an exception to impose its control on specific wartime.
Article (45)
Freedom to publish newspapers, of all kinds, and owned for natural persons and legal persons is guaranteed once the notification. The law regulates the establishment of radio stations, television and digital media.
Article (46)
Freedom of movement and residence and immigration is guaranteed; not any citizen may be deported from the territory of the State, or prevented from leaving or returning to it, not to impose house arrest, except by a causal judicial warrant and for a definite period.
Article (47)
Citizens have the right to organize public meetings, processions and demonstrations peaceful unarmed, law regulates how notified. Guaranteed right to private meetings without notice, it is not permissible for the security men to attend or intercepted.
Article (48)
Citizens have the right of association and the parties as soon as the notification, and shall have legal personality, the authorities may not solve or resolve their boards without a court order. And in the manner prescribed by the law.
Article (49)
Freedom to form trade unions, associations and cooperatives are guaranteed, and have legal personality. The law regulates its democratic foundations, and participation in community service, raising the level of efficiency among its members and to defend their rights; may not be solved or resolved their boards of directors without a court order.
The law regulates the establishment of trade unions and the accountability of its members for their conduct in the exercise of their professional activity according to international conventions and ethical and professional controls.Arise only one professional association for each profession.
Article (50)
Everyone has the right to address public authorities in writing and signature, address it shall not be as the only groups of legal persons. And must respond in writing to this correspondence within a specified period.
Article (51)
Citizen participation in public life is a national duty, and every citizen has the right to vote and stand as candidates and to express an opinion on the referendum.
The security agencies are prohibited from interfering directly or indirectly, in or influence political affairs in general elections or referenda, and violation of that crime punishable by law. The State guarantees the integrity of the election, impartiality and integrity, and is committed to the inclusion of the name of each citizen voter database without asking, when he meets the terms of the voter. The law regulates the exercise of these rights.
Article (52)
Every citizen the right to education corresponding to the quality standards, which is free at various stages, each Mossat State educational, and compulsory basic education, and the State shall take all necessary measures to extend duration of obligation to other stages, which means expansion in technical education and encourages him, and oversees the education of all kinds , and is committed to all educational institutions, public and private, civil and other State educational plan and goals, and to realize the connection between him and the needs of society and production.
Article (53)
Freedom of scientific research is guaranteed, and the State allocates a sufficient proportion of the gross national product, according to the international standards, and to ensure the independence of universities and scientific research centers and development.
Article (54)
Arabic background material in all the different stages of education in all educational الموسسات, and religious education and the core articles of national history in pre-university education in all its forms, and universities committed to the teaching of values ​​and ethics needed for the various disciplines.
Article (55)
State is committed to the development of a comprehensive plan to eradicate illiteracy and drying the headwaters of all ages, male and female, and harness the energies of the community to accomplish this plan within ten years from the date of the constitution.
Article (56)
Health is a right guaranteed to every citizen, and the state is committed to providing care services and health insurance to citizens according to a health system fair and high-quality, and prohibited to refrain from treating anyone, for any reason, in cases of emergency or danger to life.
And oversees the state health institutions and the quality of their services, and monitors all the materials and products and means of propaganda and other health-related. And to take all measures and issued legislation to achieve this.
Article (57)
Work is a right and a duty and an honor for every citizen, the State guarantees conditions, equality, and justice, and equal opportunities. There shall be no work Jabra citizens, except in accordance with the law. The public works employee in the service of the people, and allow the state to public service to citizens on the basis of merit without favoritism or mediation, and violation of that crime punishable by law.
The State guarantees every worker the right to fair pay, vacation, retirement and social insurance, health care, and protection against the risks of doing business, and the availability of occupational safety conditions in the workplace, and in accordance with the laws governing it.
Worker may not be dismissed except in cases prescribed by law. The peaceful strike the right, and regulated by law.
Article (58)
Honors the state of the martyrs, and ensure care for their families and care veterans and those injured in wars or because the families of the martyrs and invalids revolution twenty-fifth of January and national duty, and have them and their children and their wives priority in employment, according to regulated by law.
Article (59)
The State shall guarantee social insurance services, and every citizen has the right to social security if it is not able to support himself or his family, in the event of incapacity for work, unemployment, old age, and to ensure sufficiency.
Article (60)
Adequate housing, clean water, and healthy food, and clothing, guaranteed rights. And state Otbny a national housing based on social justice, and self-promoting initiatives and housing cooperatives. And regulate the use of state land for construction purposes in the public interest, and maintains the rights of future generations.
Article (61)
Exercise a right for all, and the institutions of the state and society discover talented athletes and their care and take the necessary measures to encourage exercise.
Article (62)
The right to litigate is guaranteed for all, and State guarantees that the litigation and prompt settlement of issues, and facilitate the financially incapable. And prohibits the immunity of any administrative action or decision from judicial review. No one tried only before the natural judge, and special courts is prohibited, and civilians may be tried before a military justice.
Article (63)
Punishment is personal, no crime or punishment except by law, do not expect the death without a court order, and no punishment except for acts committed subsequent to the effective date of the law.
Article (64)
No criminal proceedings shall be instituted except by order of a competent judicial authority, except in cases prescribed by law. The accused is innocent until proven guilty in a fair legal trial which he guarantees the right of defense, and every person accused of a felony must have a lawyer to defend him, and determined by law misdemeanors that must be provided to the accused counsel.
The law regulates the resumption of the sentences in a misdemeanor or felony, and the state provides protection for victims and witnesses and defendants and informants when necessary. (Transitional rule for this application).
Article (65)
Right of defense in person or by proxy is guaranteed. The law guarantees the financially incapable and the means to defend their rights before the courts.
Article (66)
Verdicts and executed in the name of the people, and the abstention competent public servant or delay in executing a crime punishable by law.And doomed him in this case the right to bring a criminal case directly to the competent court.
Article (67)
Every child, immediately after birth, the right to a proper name does not adversely affect the holder and family care and basic nutrition, shelter, health services, and the development of religious, emotional and cognitive.The State is committed to caring and protecting family when Vkdath environment, and ensure the rights of children with disabilities and their rehabilitation and reintegration into society.
And prohibiting the employment of children, before exceeding the age of compulsory education, in work that does not suit their age. Or prevent Astmriham in education.
May not be detained only for a specified period, and after all other measures have been exhausted, and the provision of legal aid, and have it in a separate place and appropriately take into account the gender segregation and the different age stages and the type of crime and away from places of adult detention.
Article (68)
The state is obliged to take all measures that reinforce women's equality with men in the fields of political and cultural life and economic and social and other areas without prejudice to the provisions of Islamic Sharia.
The state provides maternal and child health services free of charge, and ensure women's health care, social and economic right of inheritance, and reconcile its duties towards the family and her work in the community.
And the State Protection and special attention to women-headed households and divorced and widowed and other women most in need, in order to ensure them a decent life.
Article (69)
State guarantees care for children and youth and rehabilitation, and development of the spiritually and morally, culturally and scientifically, physically and psychologically, socially and economically, and to enable them to active political participation.
Article (70)
Committed to state sponsored health with disabilities and economically, socially and psychologically, and provide them with employment opportunities, and elevate social culture at them, and creating public utilities to suit their needs.
Article (71)
Prohibit all forms of human slavery and the sex trade and forced labor, and the violation of the rights of women and children, and law criminalizes all that.
Article (72)
The State shall foster the interests of Egyptians living abroad, and protect them, and ensure that their rights and freedoms, and to help them perform their public duties towards the Egyptian state and society, and encourage their contribution to the development of the country, and law regulates the terms of their participation in elections and referendums.
Article (73)
State grants the right to resort to every foreigner because of the deprivation of his rights and freedoms guaranteed by the Constitution, and prohibits the extradition of political refugees, and all of that and as shall be regulated by law.
Article (74)
Any assault on any of the rights and freedoms guaranteed in this Constitution crime do not drop criminal and civil lawsuit arising therefrom limitations, and the State guarantees fair compensation for those who signed the assault.
Principles, rights and freedoms inherent in the person of the citizen does not accept disruptive or detraction and no law may regulate the exercise of the rights or freedoms that are constrained to prejudice the origin and essence.And exercise the rights and freedoms set forth in this section not inconsistent with the provisions state Alossayash and society contained in this Constitution.
Article (75)
State is subject to the law, and the independence of the judiciary, and immunity of judges, Dmantan essential for the protection of rights and freedoms.
Article (76)
Defending the homeland and protect the land sacred honor and duty, and compulsory conscription, according regulated by law.
Article (77)
To preserve national unity, and the protection of national security, and the duty of both the state and society.
Article (78)
Savings and national duty, protected by the state, and encouraged, and organized.
Article (79)
The state is committed to protecting the environment, and every person has the right to a healthy environment, and the state is obliged to take the necessary measures to safeguard the environment and protect it from pollution, and the use of natural resources, in order to ensure support of damage to the environment and preserving the rights of future generations.
Part III: public authorities:
Chapter I: Legislative Authority:
Section I: Provisions common:
Article (80)
Parliament consists of the House of Representatives and the Senate, and legislative power is exercised in the manner prescribed in the Constitution.
Article (81)
May not be combined membership of the House of Representatives and the Senate.
Article (82)
Candidacy for membership of Parliament is the right of every citizen except in cases prescribed by law. With the exception of exceptional cases defined by law, a freelance member of Parliament to hold office, and keeps his job or his work and as shall be regulated by law.
Article (83)
Member of Parliament represents the nation as a whole, do not restrict deputation register or condition.
Article (84)
Each member of Parliament, in front of his council, before they proceed to do, take the following oath: "I swear by Almighty God to uphold the Republican system, to respect the Constitution and the law, and safeguard the interests of the people fully and to safeguard the independence and territorial integrity of the motherland."
Article (85)
Cassation Court shall have jurisdiction in the health of the members of the parliament, and the appeals submitted to it within a period not exceeding thirty days from the date of announcement of the final result of the election, and decide on the appeal within sixty days from the date of receipt to it. In the case of organic nullity invalidate the Parliament has been informed of the ruling.
Article (86)
No member of Parliament during the term of membership himself or through a third party to buy or rent any state funds or to lease or sell something of his money or to sue him. The Member of Parliament must provide financial disclosure when filling or leave it, and every year presents on its board, and if it receives Hidayat in cash or in kind belonging to the public treasury of the state, and in the manner prescribed by the law.
Article (87)
Coping with what is shown by member of parliament of ideas and opinions related to its work in the Council to which it belongs.
Article (88)
May not, in the case of flagrante delicto, any criminal action against a member of parliament without prior permission from his council. In the session must take the permission of the Office of the Council, and shall notify the Council at its first meeting of the action taken.
In any case, must decide on the request to take criminal proceedings against a member of Parliament within thirty days at most, and only application is considered acceptable.
Article (89)
MP earns remuneration determined by the law.
Article (90)
Parliament House, both houses, in the country's capital, and any of them may, in exceptional circumstances to hold its sessions in last place at the request of the President or one-third of the members of the Council. The meeting of Parliament otherwise is illegal, and the decisions issued by the void.
Article (91)
Parliament hearings are public and may be holding any of the chambers in a public secret session at the request of the president or the government or the President of the Council or twenty of its members at least, then the Council decides whether the debate in question submitted to it taking place in a public hearing or confidential.
Article (92)
Parliament calls on the President of the Republic of Assembly for its annual session the day before the first Thursday of the month of October, if not been invited to meet by virtue of the Constitution on the day in question.
The regular session continues for a period of at least eight months, and preferably the President of the Republic the session after the parliament's approval, may not be before the adoption of the state budget.
Article (93)
May be holding any of the Houses of Parliament in an extraordinary meeting, to consider is urgent, at the invitation of the President of the Republic or the Government or request signed by ten members of the Board at least.
May not be allowed to adjourn this meeting until after completion of the consideration of urgent topic for which it met the council.
Article (94)
Do not be holding any of the Houses of Parliament is true, decisions shall be taken only in the presence of a majority of its members, and issued these decisions by an absolute majority of those present, and that in cases that require special majority.
In case of equal vote becomes subject that discussion took place thereon rejected.
Article (95)
The Council shall elect a President and Okelan elected from among its members, in the first meeting of its annual session, for a period of legislative term of the House of Representatives, and half of the legislative term of the Senate, and if someone vacant Council elects a replacement to the end of the term of his predecessor.
In any case, for one third of the members may either chamber, in the first meeting of the regular annual session, request the election of a new president of the Council, Kalah, or one of them.
Article (96)
Upon assuming the House of Representatives, or the President of the Senate, the office of President temporarily, older than the agents shall presidency of the Council during that time.
Article (97)
Council puts all its bylaws to regulate its work and how to exercise its powers, and published in the Official Gazette.
Article (98)
One for each Council to maintain order inside, and assume that the President of the Council. Nor shall any armed force to enter parliament or presence near him except at the request of the President of the Council.
Article (99)
President of the Republic, and the government, and every member of Parliament propose bills. In any case, it is not permissible for the members of the Senate proposal projects a competent tax or increased.
Article (100)
Every bill shall be referred to the Committee on the parliament, for examination and report. Proposals shall not be forwarded draft laws submitted by the members to this committee, unless checked by the competent Committee, and expressed the view that permits its consideration, and Council agreed to this view.
Article (101)
Each project proposal law by one member, and rejected by the Council, may not be re-introduced in the same session.
Article (102)
Neither of the two chambers of parliament report a bill only after taking opinion, article, by article, and each Council Amendment right and retail materials, and displays of amendments. Each bill decided by a chamber sends to the other, not be legally only if the decision of the two chambers.
And every bill passed by one chamber of the Council may not the other be delayed in deciding when the end of the next session.

No comments:

Post a Comment