Constitutional reform
By
Nabil Abdel-Fattah
The discourse surrounding legal and constitutional issues has immense relevance to political and social life. It implies a reconsideration of the genesis and functioning of the modern Egyptian state. The 1952 regime frequently viewed the constitution as subordinate to the will of the head-of- state.
The existing constitution would be implemented or infringed as the head-of-state saw fit -- usually on the pretext of public utility. The 1971 Constitution was and remains an expression of state capitalism, the single party system and absolute authority of the president that characterised life under Nasser. It provides no guarantees for individual freedoms.
Present-day talk of constitutional reform is therefore of great importance. Yet the state is too wary of undertaking any steps for fear of losing control in the face of Islamist threats and possible economic or social disasters. The truth is that there should be a new constitution providing for the protection of human rights and the operation of an unbiased legal system that does away with all exceptions, including those codified in the emergency laws.
Ultimately, fear of reforming the constitution reflects the failure to take account of developments in the national, regional and international arenas. It is no longer viable to assume, as the Nasser regime did, that power must remain in the hands of the government and that the people's role is merely to obey.
This week's Soapbox speaker is deputy director of Al-Ahram Centre for Political and Strategic Studies.
