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SCC deems Shura Council and Constituent Assembly unconstitutional

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The Council will remain until parliamentary elections

Supreme Constitutional Court - Hassan Ibrahim

The Supreme Constitutional Court has ruled that the Shura Council and Constituent Assembly unconstitutional.
(DNE File Photo/ Hassan Ibrahim)

The Shura Council and the Constituent Assembly were formed unconstitutionally according to a ruling of the Supreme Constitutional Court (SCC) on Sunday.

The SCC, headed by Judge Maher El-Beheiry, postponed the dissolution of the Shura Council until after elections for the House of Representatives.

The decision to postpone the dissolution was based upon article 230 of the new constitution, which states that the Shura Council is to remain in its current formation as acting legislature until a new House of Representatives is elected.

The verdict was based on the unconstitutionality of the election law for the independent members who form one third of the Shura Council.

The SCC also ruled unconstitutional the first article of law 79 for 2012, concerned with elections to the Constituent Assembly, the body responsible for drafting the new constitution.

The SCC earlier referred the case to the Commissioners Authority of the court, for a legal opinion from the advisory body. The authority recommended against ruling on the case because the new constitution safeguarded the Shura Council and gave it legislative powers.

The challenges to the Shura Council and the Constituent Assembly were referred to the SCC by the Supreme Administrative Court. The SCC found the People’s Assembly unconstitutional last June for the same reason related to the election of independent members.

The People’s Assembly was dissolved following the ruling.


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