On Saturday evening, August 27, 2005, a seminar was held at the Maat Center for Constitutional Law Studies

(Constitutional amendments in presidential candidate programs)

In the presence of:

1- Mr. Hussein Abdel-Razek, Secretary General of the Tagammu Party

2- Mr. Najad Al-Burai, head of the Democracy Development Group

3- Mr. Marsa Al-Sheikh, Vice President of the Al-Ghad Party

4- Mr. Ayman Aqeel, Director of the Center

The seminar was opened by Prof. Ayman Aqeel, Director of the Center

In a brief word, he stressed the importance of the constitution in the stability of states as it carries the main principles and rules that regulate the state’s powers and regulate the ruler's relationship with the ruled. Rulers want more power and the ruled want more freedom and the constitution is the one that establishes balance between them and stands as a barrier against the tyranny of any ruler and regulates the rights of the ruled. Egypt is currently witnessing a state of political mobility after amending Article 76 of the constitution, which made the choice of the president of the republic through free and direct elections instead of a referendum, but unfortunately this amendment did not come as desired and most of the political forces and opposition in Egypt were not satisfied with it. Indeed, the amendment came empty of guaranteed, and therefore I responded The Supreme Constitutional Court referred five articles to Parliament for their unconstitutionality, and Law 174 of 2005 for organizing presidential elections was issued, and this law is also questionable about the unconstitutionality of some of its articles.

Ayman Aqil, Director of the Center, indicated that the demand to amend the constitution is not a demand born today, but a demand that has continued since 1981 for the Egyptian opposition forces. He also confirmed that the current constitution grants the President of the Republic broad powers compared to the powers of the ministers. There are 48 powers in the constitution, 35 of which are the President of the Republic.

And four cabinet powers

And four authorities for the Shura Council

And one authority for the social plaintiff

Then Mr. Hussein Abdel-Razek spoke *

Stressing that the current constitution was issued under the one-party system, and since 1976, we live in Egypt with restricted political party pluralism. Therefore, the constitution must be changed. Then I review constitutional amendments in the programs of presidential candidates.

Regarding President Hassan Mubarak's program, A / Hussein assured that the program came in a year and spoke about more balance between the authorities, enhancing citizens' rights and public freedoms, supporting partisan life and empowering women. Hussein asked how these promises are realized and there is no guarantee for their implementation? He also asked why the president did not implement these promises twenty-four years ago, during the previous term, and stressed that what Mubarak proposed was a general proposal.

With regard to the constitutional amendments in the program of the Al-Wafd Party candidate, Dr. Noaman Jumaa

Hussein Abdel-Razek said that the delegation presented specific amendments, the most important of which is changing the system of government from an authoritarian presidential one to a parliamentary republic

With regard to the program of Prof. Mamdouh Kenawy, the candidate of the Free Constitutional Social Party, he said that he provides a broader and comprehensive program for changing the constitution specifically and presented channels in his program of the sins of the current constitution and how to develop the new constitution, calling for the reorganization of the state with regard to sovereignty, religion, the state’s foreign policy, and the reorganization of the economy, society, rights and freedoms Public, legislative, executive and judicial branches

With regard to the program of the Al-Ghad Party and its candidate, Ayman Nour, A / Hussein Abdel-Razek, confirmed that despite the Al-Ghad Party prepared a new constitution proposal, Nour in his program was satisfied with general terms such as change and pluralism are the characteristic of life and they are necessary for the rejuvenation of the nation’s thought and in the end he emphasized a / Hussein Abdel-Razek said that he did not find in the programs of the remaining candidates anything related to amending the constitution

At the end of his speech, he deposited a new draft constitution in the Center, prepared with the knowledge of the Committee for Defense of Democracy in 2003, which calls for the abolition of nine articles from the current constitution and the amendment of twenty-three articles related to transforming Egypt into a parliamentary republic in which the role of the president is the role of government between the authorities and the symbol of the state and activating the role of the Council of Ministers.

Then Mr. Ahmadinejad Al-Burai spoke

Stressing that it is not wrong to say that the amendment of the constitution came as a result of external pressure and that the system that does not take into account the international and internal situation when making decisions is an authoritarian regime.

He also stressed that if the President of the Republic has modified an idea as a result of international dialogues, this is something to be praised and not denied, because a rational system is the one that is more sensitive to the international and domestic situation.

Ahmadinejad Al-Burai indicated that the position of the Al-Ghad Party and its candidate regarding the constitutional amendments is the best position, as it did not commit itself and the people to specific amendments. Rather, he called for the election of a constituent assembly to draw up the constitution. Al-Burai believes that this is the highest degree of political awareness.

He also requested that Parliament have a role in monitoring the budget's content

And Ahmadinejad Al-Burai suggested proposals that were not mentioned in any of the programs, namely that there should be special articles in the constitution to protect rights and freedoms that are not subject to amendment and that a committee be established to preserve the constitution in which the army is a party to guard the constitution and prevent its change

In the end, Al-Burai requested that the ratio of the 50% workers and farmers be reconsidered because it has become ineffective

Then the advisor spoke, Marsa Sheikh *

Stressing that Mubarak’s talk about the constitution was superficial and flattening, and that Mubarak is reluctant to amend the constitution, he is satisfied with the powers granted to him that reach the limit of divine powers, as he has bans and grants and appoints ministers, judges, the attorney general and all higher positions in the state, and he referred to the proposal prepared by the Free Constitutional Social Party And it is more specific because the party cares greatly about the constitution

And he confirmed that if Nour takes over the presidency, he will rule for a period of twenty-four months only until the constituent assembly is to draft the new constitution and it is the guardian of it. In the end, the sheikh affirmed that the pluralism of parties is a sham and the parties are decorative parties.

In the end, the attendees unanimously agreed on the necessity to amend the constitution to ensure the following principles

Real multi-partyism

Citizens' rights and freedoms

- Not to place restrictions on rights and freedoms and unify the exercise of these rights

Without prejudice to the principle of equal opportunities and equality

Freedom of belief and religion

- Not to conflict with international human rights instruments

Emphasizing the role of states and their responsibilities in the economic orientation, comprehensive development and investment

The state’s social cycle in order to maintain balance and social peace

Abolishing Articles 74 - 132 - 137 - 138 - 142 - 202 - of the constitution

- Amending Articles 73 - 77 - 78 - 107 / 1- 112 - 113 - 115/2 - 127 - 128 - 136 - 141 - 147 - 148 - 148 bis - 153 - 155 / 1- 156 / A - 173 / 1- 204 - of the Constitution