Constitutional Law, Politics

Are There Any Egyptian Constitutional Scholars in the House?

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Egyptian President Hosni Mubarak has finally decided to step down. We should all be thankful that this has been a relatively “bloodless” coup. We should all take notice of a middle eastern regime change that didn’t require the use of American armed forces. We should all wish the people of Egypt the best of luck as they forge ahead into their uncertain future. And we should all pray that in the end Egypt continues on its moderate path of relating to Israel and the west.

That last part is key. Sure, by the end Mubarak was like the guy who won’t leave your house after the Super Bowl party. We’ve all been there. The people of Egypt tried everything you or I have tried in that situation: “Dude, it’s getting late, I have to work in the morning,” “No, really, I can handle the dishes by myself,” “Seriously brah, if you’re here when my wife wakes up she’s going to be pissed.”

But despite his inability to take a hint, Mubarak was still our friend. There’s no guarantee that the next guy will be.

In fact, who is the next guy? We know that Vice President Omar Suleiman is technically in charge now. And many suspect that actually there is a general with a gun who is really in charge. But who is supposed to be in charge? (This is starting to sound like Howrey.)

Seems to me, once God stopped “anointing” people, He created lawyers to answer just this kind of a question…

Luckily, Egypt has a constitution. Given that we’re talking about one of the first civilizations to write down laws, it shouldn’t surprise anybody that they’ve got a tidy written document to govern them.

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Unfortunately, Egypt’s current constitution is relatively new. It was adopted in 1971. History tells us that when your constitution is younger than your presidential candidates, your constitution says whatever you want it to say.

But since some smart Egyptians went to the trouble of writing down what’s supposed to happen next, let’s humor them by looking at it. From Forbes:

Earlier on Friday, the High Council of the Armed Forces had issued a statement foreshadowing Suleiman’s later announcement. The statement, transcribed by the New York Times, reiterated that the military would “sponsor the legitimate demands of the people” and to end the state of emergency “as soon as the current circumstances are over.” The Armed Forces would also “Conduct needed legislative amendments and conduct free and fair presidential elections in light of the approved constitutional amendments.”…

The BBC reports that “according to article 84 of the Egyptian constitution, if the president steps down, the speaker of the People’s Assembly shall temporarily assume the presidency. Secondly, a new president shall be chosen within a maximum period of 60 days from the date of the vacancy of the presidential office. It is not clear if this will apply if the Higher Military Council is in charge of the nation’s affairs.” The next 24 hours and the ensuing weekend will be a time of easing tension in Cairo, as protestors go back to their homes and a power struggle begins to take place. The short-term outlook, though, is still fluid and unpredictable.

Let’s just say that in the many battles of “constitution” versus “military council,” constitutions don’t have a winning record.

But I’m no constitutional scholar, and my read on Egyptian leaders heavily relies on Elizabeth Taylor, so what do I know? Do the people of Egypt have a fighting chance to keep power out of the hands of a military council? Is constitutional power respected enough there that people will accept it? Is the document itself flexible enough to allow for a peaceful transfer of civilian power under these circumstances?

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There have to be readers out there who can offer a little more insight into the legal powers that will be at play in Egypt over the next few months. Share your thoughts with us.

Mubarak Steps Down, Ceding Power to Military [New York Times]
Mubarak Steps Down, Suleiman And Armed Forces Hold Egypt’s Reins Now [Forbes]

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