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Constitutional Experts Urge SCAF to Pass Disenfranchisement Law
Constitutional Experts Urge SCAF to Pass Disenfranchisement Law
Constitutional court refers Political Rights law back to Military Council, claiming non-competence; thus leaving the junta no options but to ratify the draft into law.
Monday, April 23,2012 07:36
IkhwanWeb

The Supreme Constitutional Court (SCC) decided that it does not have legal jurisdiction over draft legislations and therefore cannot rule over the political isolation or political rights bill approved by Parliament on 12 April 2012.


Dr. Atef Al-Banna, professor of Constitutional Law at the University of Cairo, said that the SCC decision means that the Supreme Council of the Armed Forces (SCAF) has no alternative to ratifying the law immediately, since Parliament has already voted its approval of to the bill.


“If the law is issued before April 26, it could be applied to former regime senior officials running in the presidential race, because they have not yet gained legal immunity status”, Dr. Al-Banna added.

Moreover, Mukhtar Ashri, Chairman of the Freedom and Justice Party (FJP)’s Legal Committee, also stressed that there is no other solution but for SCAF to ratify the bill and announce that in the Official Newspaper for the law to go into effect before 26 April 2012.

Ashri pointed out that, “SCAF exceeded constitutional limits by delaying this law. But the SCC, well-aware of these issues, has put the bill back on the constitutional track.

“SCAF must issue this law immediately and not make any other arguments; otherwise the People’s Assembly can issue the law with two-thirds majority of those voting (with a two-thirds quorum required) a month after its approval, in accordance with the provisions set forth in the constitution and the Regulations of Parliament."
tags: Parliament / SCAF / Freedom and Justice Party / FJP / Constitution / SCC / Political Isolation / Atef Al-Banna / Former Regime / Ashri / People’s Assembly
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