[blackshoe]

"Egyptian President Mohammed Morsi orders defense minister and chief of staff to retire, cancels constitutional amendments that gave military wide powers and appoints new vice president and defense minister, spokesman says."

I haven't read the Egyptian Constitution, but… how does a President have the authority to cancel a constitutional amendment? The mind boggles.

[Bbradley62]

Quote

(AP) CAIRO - Egypt's Islamist president ordered his defense minister and chief of staff to retire on Sunday and canceled the military-declared constitutional amendments that gave top generals wide powers.

I also have not read the Egyptian constitution, but it appears that whoever is in charge feels authorized to amend it, or at least to undo his predecessor's questionable amendments.

Edit: Now I have read the Eqyptian constitution (in wikipedia), and it doesn't seem to include procedures for amendments.

This post has been edited by Bbradley62: 2012-August-12, 12:02

[barmar]

So basically, the president's authority to cancel the amendments is no less than the military's authority to have added them in the first place.

Should this thread be moved to "Laws and Rulings"?

[kenberg]

It's an interesting amendment process: Whoever is in charge amends the constitution as they see fit.

Our process is much better: Whoever is in charge appoints people to the Supreme Court who then interpret the constitution as they see fit.

[billw55]

kenberg, on 2012-August-13, 10:52, said:

It's an interesting amendment process: Whoever is in charge amends the constitution as they see fit.

Which is pretty much logically equivalent to having no constitution at all.

Quote

Our process is much better: Whoever is in charge appoints people to the Supreme Court who then interpret the constitution as they see fit.

Also imperfect in some ways, but vastly superior to the above method. The seats are permanent, ensuring that the court consists of appointees of multiple presidents. And remember there is also senate comfirmation. Checks and balances ftw

[kenberg]

Right. I was mostly just making an attempt at wit, but as a serious matter I agree entirely with what you say.

[Bbradley62]

Maybe this will help clarify a little bit...

wikipedia said:

The Provisional Constitution of the Arab Republic of Egypt or Constitutional Declaration of 2011 is the new provisional fundamental law of Egypt. It was adopted on March 30, 2011 by the Egyptian Supreme Council of the Armed Forces who have been in power since the former president Hosni Mubarak relinquished his powers to the Supreme Council of the Armed Forces on February 11, 2011.

The 63-article provisional constitution was proclaimed to operate as a working constitution in the current political transitional period following the revolution, until a new one is drafted and approved. The new provisional constitution have included the most recent amendments publicly approved in a referendum, provisional articles defining the powers of the executive and judicial branches as well as institute laws to govern the presidential and parliamentarian election processes.

It has paved the way for parliamentary elections in late 2011 and presidential elections in 2012. It directly stipulated that the newly elected parliament form a new constitutional drafting committee - the Constituent Assembly of Egypt - to write a new constitution.

They are currently working on creating the Constituent Assembly of Egypt.

[blackshoe]

kenberg, on 2012-August-13, 15:04, said:

Right. I was mostly just making an attempt at wit, but as a serious matter I agree entirely with what you say.

Well, I thought it was funny.

[mike777]

From what I read Mr. Morsi has the executive power to have complete authority over legislation, public budgets, foreign affairs, pardons and political and military appointments.

Also the power to select a new assembly for writing Egypt's constitution.

He can also delay legistative elections.


from eric trager, wsj.


From what I understand this power is only temporary to handle the crises and will only be used to help the poor and Egypt's people.

[blackshoe]

mike777, on 2012-August-16, 14:20, said:

from eric trager, wsj.

From what I understand this power is only temporary to handle the crises and will only be used to help the poor and Egypt's people.

Uh, huh. Right. Sure.

[barmar]

Yeah, and I have an Aswan Dam to sell you...

[ArtK78]

kenberg, on 2012-August-13, 10:52, said:

It's an interesting amendment process: Whoever is in charge amends the constitution as they see fit.

Our process is much better: Whoever is in charge appoints people to the Supreme Court who then interpret the constitution as they see fit.

What you say is true about the American Supreme Court, but it does not always work out the way it was intended.

There is a story that Dwight Eisenhower appointed William Brennan to the bench believing that he was someone else. At least, he believed that Justice Brennan's judicial philosophy was closer to his own ideology. Justice Brennan proved to be one of the most progressive justices of all time, much to the chagrin (I assume) of President Eisenhower.

I suppose that proves your point - the person in charge - the President - appoints justices to the Supreme Court, and the justices then interpret the Constitution as they see fit. Although, I doubt that you would get any justice - sitting or former - to express it that way.