Marina Ottaway–Who Will Write the Egyptian Constitution?

From a purely legal point of view, thus, the process is clear: it is up to the two chambers of parliament to jointly decide on the composition of the Constituent Assembly. Politically, however, there is strong resistance by secular parties to allow the parliament to exercise the power given to it by the constitutional declaration. Secular parties and independents did poorly in the elections, collectively receiving less than 25 percent of the seats. Thus they are demanding that the Constituent Assembly be composed primarily of representatives of organizations outside the parliament””such as religious institutions, universities, and professional syndicates””which in their view represent the Egyptian people better than the elected parliament. Allowing the parliament to elect the Constituent Assembly as it sees fit, many argue, would allow Islamists to dominate the writing of the constitution.

The debate is remarkable for two reasons. First, it shows that Egypt has made no progress on the issue of how and by whom the constitution will be written. The current debates are a reiteration of earlier discussions that place, without coming to a conclusion, since the overthrow of Mubarak. Such debates hampered agreement on a clear transition process early on.

Second, the debates do not touch on the content of the constitution even at this late date….

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