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Political Science Professors and Legal Experts: Morsi Has Corrected Parliament Dissolution Error
Political Science Professors and Legal Experts: Morsi Has Corrected Parliament Dissolution Error
Various Egyptian law and constitution professors and experts hail President Morsi’s decree reinstating the elected parliament and condemn the earlier military council orders to disband it.
Monday, July 9,2012 01:54

Dr. Seif Abdel-Fattah, Professor of Economics and Political Science, hailed the new Egyptian President’s decree to reinstate the freely elected parliament. He said this is a step in the right direction, because it emphasizes the rightful return of power to the elected institution.

Dr. Tharwat Badawi, Professor of Constitutional Law at Cairo University, assured that President Mohamed Morsi, as the only legitimate elected authority now, is entitled to disregard the so-called complementary constitutional declaration. He also has the right to ignore the decree issued by Field Marshal Hussein Tantawi, head of the Supreme Council of the Armed Forces (SCAF) to disband Parliament based on the Constitutional Court ruling earlier in June 2012.

"The Constitutional Court has no jurisdiction but to rule over the constitutionality of laws. That jurisdiction is limited in scope to deciding on the constitutionality or unconstitutionality of legislative texts referred to it by the administrative, civil or criminal courts.

"The Constitutional Court has no right to delve into the matter and dictate implications of the ruling of any unconstitutionality."

The Professor of Constitutional Law, went on to say: "President Morsi’s decree to reinstate the People’s Assembly (PA) is valid. Everyone should be aware that the supplementary constitutional declaration is legally null and void, because it is issued by SCAF, which does not have any legitimate mandate, neither through elections, on the basis of the defunct Constitution.

"SCAF exercised direct executive power, not legislative power. Executive authorities do not have legislative powers, since they are not legislative authorities."

Meanwhile, Justice Mahmoud Khudairi, former Vice President of the Court of Cassation, lauded President Mohamed Morsi’s decree bringing back the PA, ordering it to re-convene and exercise its powers.

"President Mohamed Morsi has solved this crisis with this right decision. He is fully entitled to order the re-convening of parliamentary sessions.

"The President has exercised his mandate issuing the right decision, which certainly does not breach any laws. On the other hand, SCAF did violate the law and so did the Constitutional Court. It is not their mandate to dissolve parliament, in the first place."

Earlier on Sunday, Dr. Mohamed Morsi, Egypt’s elected President, issued Presidential Decree No. 11 / 2012, reinstating the dissolved People’s Assembly (lower house of Parliament), inviting it to convene and exercise all its powers under Article 33 of the Constitutional Declaration. He announced rescinding of decree No. 350 ordering dissolution of the People’s Assembly and ordered early parliamentary elections, within 60 days from date of approval by Parliament of the new Constitution.
 

tags: Morsi / Katatni / Parliament / SCAF / Shura / Constitution / Tantawi / Constitutional Court

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