A rundown of the 34 amended articles in the constitution

Daily Star Egypt Staff
7 Min Read

Article 1: Amended to strike out reference to the strictly socialist character of the state, and its foundation on the basis of solidarity of the workers of the people. The amendment is seen as likely to impact the state s overgrown public sector, the emerging private sector, the distribution of wealth, the creation of political parties, refugees and illegal residents.

Article 4: Amended to strike out reference to the socialist nature of the state in favor of free market practices. The amendment is seen as likely to impact the consolidation of the strategic economic shift towards free market economy, social and health insurance, direct foreign investments, property laws (including intellectual property), taxation, and the private sector.

Article 5: Amended to ban the creation of political parties based on a religious authority or basis. The amendment is seen as likely to impact political parties, the legislature, the relation between the ruling party and the opposition, and the powerful, but officially banned, MB.

Article 12: Omits references to the socialist orientation of the state.

Article 24: Omits references to the socialist orientation of the state. Seen as likely to impact state ownership, the public sector, privatization, direct foreign investment, and consolidation of the shift towards free market economy.

Article 30: Amended to strike out reference to the overgrown public sector. Seen as likely to impact the consolidation of the shift towards free market economy, and the status of the private sector. Article 33: Omits references to the socialist orientation of the state in connection with the definition of public ownership. Seen as likely to impact public funds, anti-corruption efforts, and both the public and private sectors.

Article 37: Omits references to the socialist orientation of the state. Seen as likely to impact the consolidation of the drive to shift to a free market economy.

Article 56: Amended to regulate activities of syndicates and unions. Seen as likely to impact the growing influence of the MB in professional syndicates and unions.

Article 59: Omits references to the socialist orientation of the state and introduces the concept of environmental awareness.

Article 62: Amendment seen as likely to impact legislative elections in both houses of parliament, political parties, independent candidates, the representation of woman and minorities.

Article 73: Amended to consolidate the shift towards free market economy. Seen as likely to impact the relationship between the legislative, executive, and judicial authorities.

Article 74: Amendment seen as likely to impact the presidential and legislative elections, political parties, the legislative, executive, and judicial authorities.

Article 76: Amended to address the Presidential elections, the question of succession, political parties, the relationship between the ruling party and the opposition. It is one of the most hotly protested articles. The opposition sees this article as consolidating the grip of the ruling party on power at least until 2011, the date of the next presidential elections.

Article 78: Amended to address the presidential elections, the question of succession, political parties, and the relationship between the ruling party and the opposition.

Article 82, 84, 85: Amended to address the relationship between the legislative, executive, and judicial authorities in the temporary or emergency absence of the president, or impeachment. These articles are seen as introducing the element of accountability to the highest ranks of the executive authority, and giving greater powers to the prime minister, the speaker of the People s Assembly, and the president of the supreme constitutional court, and is seen as among the incentives of passing the amendments package.

Article 88: Amended to set up an independent committee replacing the judicial supervision over the electoral process. The Cairo s Judges Club announced it will boycott the referendum largely in protest against this article. The judges were among the first to declare their opposition the amendments.

Article 94: Amended to introduce guidelines to legislative elections. Seen as likely to impact the relationship between the ruling party and the opposition, and the growing political power of the MB. Article 115, 118: Amended to address the People s Assembly s approval of the state budget, and to introduce guidelines for the relationship between the executive, legislative and judicial authorities. Article 127: Amended to address the relationship between the executive, legislative and judicial authorities, and introducing procedural aspects to emphasize accountability for the head of the executive authority.

Article 133: Amended to address the relationship between the executive and the legislative authorities. Article 136: See Article 133. Seen as aimed at curbing the power of the MB.

Article 138, 141: Amended to give greater powers to the prime minister. Seen as likely to impact the relationship between the executive and the legislative authorities.

Article 161: Amended to consolidate the shift from socialist state philosophy to a capitalist state philosophy.

Article 173: Amended to impact the relationship between the executive and the judicial authorities, and introducing guidelines to the privileges of the president.

Article 179: Amended to introduce anti-terror measures. A hotly protested article by the opposition, and civil rights groups as it stipulates referring those charged with terror- related charges before military courts, the verdicts of which are not subject to the appeal process. Widely criticized as a major erosion of civil rights.

Article 180: Amended to prevent the formation of militias by radical Islamist groups.

Article 194, 195, 205: Addresses the Shura Council, the Upper House of parliament, which plays a largely advisory role. Resolutions by the Upper House are not binding in nature.

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