International IDEA and the Center for Constitutional Transitions at NYU Law School have recently published an opinion on the strengths and weaknesses of the Egyptian 2012 Constitution. The 2012 Constitution was drafted by an Islamist-dominated constituent committee following the 2011 Egyptian uprising that forced former President Hosni Mubarak out of power. The draft was approved at a popular referendum and went into effect December 26, 2012. However, following the July 2013 ouster of Mohammed Morsi, who was elected pursuant to the 2012 constitution, the constitution was suspended and a new committee of 50 members was appointed by interim President Adly Mansour to redraft the country’s constitution.
The opinion – entitled the 2012 Constitution of the Arab Republic of Egypt: Assessing Horizontal Power Sharing Within a Semi-presidential Framework – analyzes the provisions of the 2012 Constitution that established the horizontal distribution of powers between the legislature, president, and prime minister. For a more comprehensive look at semi-presidential government systems and analysis of the relevant institutional design options, see the International IDEA and Center for Constitutional Transitions working paper, Semi-Presidentialism as a Form of Government: Lessons for Tunisia.
By Salma Waheedi, Juris Doctor Candidate (2014), Northwestern University School of Law