Constitutional expert: Measures of the dissolving of parliament hint the transfer of power

Constitutional expert: Measures of the dissolving of parliament hint the transfer of power

 The decision of the dissolving of parliament is regarded by sources and observers as a decision to pave the way for accelerating the presidential elections. The elections were originally scheduled for Autumn 2011, implementing what is known as  the “inheritance of authority” scenario, this, with the increasing expectations and leaking of information comes where a presidential decree is expected to be issued within days to dissolve the People”s Assembly and a call for early legislative elections.
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The sources indicated that the legislative elections which were scheduled for next year may be over before the beginning of the holy month of Ramadan on 22nd August. This will allow the running of the presidential elections by the end of the year.
 
The government can uphold quota law and use it as as a pretext to allocate 64 parliamentary seats for women in order to solve the People’s Assembly and call for new elections, as reported by sources. It should be noted that the recent constitutional amendments granted the President the right to dissolve the People’s Assembly without the need to win popular support through a referendum as was the case prior to the amendment.
 
Dr. Tharwat Badawi, a constitutional expert who had contributed in the rewriting of the Egyptian constitution of 1971, said the quota is invalid and unconstitutional because it violates the principle of equality guaranteed by the Constitution. Therefore, dissolving the People’s Assembly on the basis of Article 62 which was subsequently amended in 2007 is an unconstitutional change in the electoral system.
 
 The Supreme Court previously ruled  that the legislative elections held in 1984 were unconstitutional because it contradicted the principle of equality, he affirmed. Granting thirty-two constituencies for women was primarily aimed to prevent the opposition from winning any seats.
 
It is very clear that we are living the transition of presidential power from President Mubarak to his son Gamal, he stated. The expected resolution is aimed at dissolving the People’s Assembly and excluding the Brotherhood’s MPs and independent candidates from running for the new parliament. The regime has the power to get almost unanimous support of the Shura Council & the People”s Assembly Members, along with the local  councils for Gamal Mubarak”s nomination for the presidency.
 
He noted that the recent constitutional amendments made it possible for only the ruling NDP candidate to win the presidential elections while allowing opposition party leaders to engage in an “ingenuine” competition.
 
In regards to the regime”s success in implementing what is known as the “inheritance of power scenario”, Dr Badawi stated that the bequeathal could officially succeed. Nevertheless, this will lead  to negative results at the root level as there is no popular consent for the transfer of power to Gamal Mubarak.
 
The Brotherhood Movement announced its opposition of Gamal Mubarak  taking over the presidency because of what they called his support of tyranny and military tribunals during his chairmanship of the NDP”s policy committee.
 
According to observers, the election of a new parliament, including no opposition at all, will smoothly make the country ready for the transfer of power in the event of any possible emergencies preventing the President from performing his duties or in the case of him desiring to voluntarily step down.
 


The regime emphasizes that the president is in good health, however, the political opponents believe that the acceleration of the dissolving of the PA and the running of elections during the summer despite the holiday season, high temperature and harsh weather is perhaps linked to the recently renewed controversy about the President”s health condition.