Constitution of the Kingdom of Egypt from 1923
The constitution of the Kingdom of Egypt from 1923 was the constitution of Egypt from 1923 to 1930 and 1935 to 1952. It was based on a parliamentary representative system and the separation of powers . It was the ninth constitution of Egypt under the rule of the Muhammad Ali dynasty . It was formally valid in the British-Egyptian condominium Sudan , but did not anchor Egyptian claims to the area.
occurrence
After the end of the First World War , a revolution broke out in the British protectorate of Egypt in 1919 . The survey covered all social histories and manifested itself in demands for freedom, independence and democracy. Despite its violent suppression, Great Britain had to recognize Egypt as an independent state on February 28, 1922 with the declaration of Egypt's independence (with some reservations). On March 15, the previous ruler Fu'ad I proclaimed himself the first king of Egypt .
On the basis of this new status, a new Egyptian constitution was promulgated in April 1923 by a 30-member "legislative committee", which included representatives from all social histories and political parties. It was imposed by royal decree on April 19, 1923 and came into force on April 30. At that time it was one of the most progressive constitutions in Africa and became the model for the constitutions of the other Arab states, which became independent after the Second World War . The signatories of the constitution included all members of the government of Muhammad Tawfiq Nasim Pasha and the king.
construction
The constitution of April 30, 1923 defined Egypt as a sovereign , “free” and independent state, whose form of government was the constitutional hereditary monarchy . The government was described as "representative". The people were guaranteed important basic rights: equality before the law (Art 3), individual freedom (Art 4), lawful conduct (Art. 5,6), inviolability of the home (Art. 8) and property (Art 9.) , Freedom of opinion - (Art 14), press - (Art 15) and freedom of assembly (Art 20).
The king - the head of state
The king was guaranteed strong powers in the constitution. He was in command of the armed forces and was able to dissolve parliament. He could declare war on a country and had to obtain the approval of parliament for this and for all treaties he concluded. The monarch could also suspend the constitution in times of crisis. His possessions and lands were inviolable to the state and his annual salary was 150,000 Egyptian pounds (Art 161).
The government
The prime minister was appointed by the king. All of his ministers were also appointed by the monarch at his suggestion. No minister was allowed to be a member of the royal family. The Prime Minister was responsible for all actions of the King and had to countersign all resolutions from him . The monarch could, however, also release the head of government from all tasks and dismiss him at any time.
The government was equally responsible to parliament and the king and was supported by a vote of no confidence .
Parliament
The constitution enshrined the parliamentary representative system , which was based on the principle of control and the balance of forces. The parliament consisted of the two chambers of the Senate and the Chamber of Deputies .
Two-fifths of the members of the Senate were appointed by the monarch for their ten-year legislative period (Art 79.), the rest of them elected on the basis of universal suffrage . A province with between 90,000 and 180,000 inhabitants provided a senator. In a province, which had more than 90,000 inhabitants in addition to the 180,000, it was able to appoint another representative. To be eligible to stand for election, the age of 40 and membership in one of the following categories was required: minister , diplomat , president of parliament, judge , attorney general , representative of the Islamic clergy or the clergy , retired officer (from brigadier general ), member of parliament after two legislative terms , A homeowner or landowner who paid more than 150 Egyptian pounds in tax per year or person with an annual income of more than 1500 pounds (Art 78).
The members of the Chamber of Deputies were elected, with one deputy coming in a province with over 60,000 inhabitants. If a province had less than 30,000 inhabitants, it was assigned to a different district according to the electoral law (Art 82.83). The candidates for the five-year legislative period had to be at least over 30 years old (Art 86.85). The chamber elected its president and his two deputies themselves, while the king appointed the senate president and only the two vice-presidents could be elected.
Both houses met separately, but could be called together by the king (Art 120–123). The MPs enjoying political immunity who were not allowed to exercise an imperative mandate (Art 91) had the right to initiate legislation . Such laws, however, required an absolute majority in both chambers for their adoption (Art 100).
The number of Members of Parliament has increased from time to time. The Chamber of Deputies, for example, had 214 members from 1924 to 1930, then the number rose to 235. The 1930 constitution reduced it to 150 from 1931 to 1934. In 1936 the number was increased again to 233 members. Then the number of members rose to 264 in 1938. In 1950 the number was increased to 319 and remained as such until the Egyptian Revolution of 1952.
Suffrage
In 1923, an electoral law established the election of the members of the Chamber of Deputies and the Senate as a two-stage process. Although the population had a general right to vote , the passive right to vote was based on the reactionary suffrage of the Khedivat Egypt of 1913. Although a liberalized reform introduced a direct electoral system in 1924, this did not change the fact that the rural population (large part of the population) was excluded from parliamentary life. Most of the time, big landowners or nobles dominated politics.
Status of religions and minorities
The Islam was officially the state religion declares (Article 149), its laws ( Sharia ) but definitely a modern secular legal system replaced. The role as the state religion was only formal, most governments promoted radical secularization and in fact enforced the principle of the separation of state and church .
The constitution abolished all still discriminatory regulations for religious minorities. Both Jews and Christian Copts could freely practice their faith and become ministers.
Constitutional Problems
Due to the very strong position of the king, a power struggle arose between him and parliament. Fu'ad I. repeatedly succeeded in ousting the Wafd party , which was the strongest force in most elections, from exercising government. The result was mostly unstable minority governments . Democracy was also restricted by several interventions by the British occupation forces, which led to the dissolution of parliament ten times. The subsequent two-month deadline for new elections was mostly disregarded by the monarch. In 1928 he even suspended the constitution and in 1930 had the then dictatorial Prime Minister Ismail Sedki Pasha draft a new reactionary constitution , which remained in force until 1935. Since the major political parties were mostly ideologically divided, no unified parliamentary front could be established against the abuse of power. With these worsened basic conditions, the constitution could never act as a stabilizing force and reflected the temporary instability of Egypt. From 1923 to 1952 alone, the country had over 40 governments.
| monarch | Beginning | The End | Duration in years | Duration in months |
|---|---|---|---|---|
| Fu'ad I. | December 1924 | March 1925 | - | 3 |
| Fu'ad I. | June 1925 | May 1926 | - | 11 |
| Fu'ad I. | June 1928 | December 1929 | 1 | 5 |
| Fu'ad I./Faruq | July 1930 | May 1936 | 5 | 10 |
| Faruq | February 1942 | March 1942 | - | 1 |
| Faruq | October 1942 | January 1945 | 2 | 3 |
| total | - | - | 10 | 9 |
End of the 1923 constitution
On July 23, 1952, the " Movement of Free Officers ", led by Muhammad Nagib and Gamal Abdel Nasser , took power in a bloodless military coup and established a military dictatorship . The revolutionaries forced King Faruq to abdicate on July 26th and leave the throne to his son Fu'ad II . Under his formal rule, the constitution remained in force for the time being. However, it systematically undermined the new regime and violated its most important principles.
On December 10, 1952, the constitution of 1923 was repealed and it came with the abolition of the multi-party system, the final departure from parliamentarism . On January 16, 1953, all political parties that still existed were forcibly dissolved. The newly founded “ National Union ” with Nasser as general secretary became the only legal party . On February 10, 1953, a transitional constitution was drawn up and it was announced that democracy would be restored after a three-year “transition period”. Finally, on June 18, 1953, the monarchy of the Muhammad Ali dynasty was abolished and the king exiled to Italy .
See also
literature
- Dolf Sternberger, Bernhard Vogel, Dieter Nohlen, Klaus Landfried (eds.): The election of parliaments and other state organs / Volume II: Africa: Political organization and representation in Africa De Gruyter, 1978, ISBN 978-3-11-004518-5 .