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Egypt’s Judges’ Club has refused to oversee a referendum on the country’s new draft constitution, to be held in two weeks.

The Judges’ Club’s decision follows a confrontation between Egypt’s Supreme Constitutional Court and Islamist supporters of President Mohammed Morsi.

The court said it was suspending its work after its members were prevented from ruling on the legitimacy of the body that drew up the constitution.

Opposition groups called for protests against the referendum on Tuesday.

They said Mohammed Morsi had broken a promise not to call a referendum without gaining a wide national consensus.

“The National Salvation Front condemns the irresponsible act by the president of the republic in calling a referendum on an illegitimate constitution that is rejected by a large section of his people,” an alliance of opposition groups said in a statement.

The opposition believes that the draft constitution undermines basic freedoms.

The latest developments heighten the tensions between President Mohammed Morsi and his Muslim Brotherhood supporters on one side, and his mainly secular political opponents and the judiciary on the other.

Hours after the Supreme Constitutional Court suspended its work, the Judges’ Club, the union which represents the profession nationwide, said it had turned down the judges’ traditional role of electoral oversight for the referendum.

“We have decided to boycott the supervision of the referendum on the constitution scheduled for December 15, 2012,” the club’s head Ahmed al-Zind announced.

“This protest is in response to what is being called the ‘constitutional decree’ and until this decree is rescinded.”

Correspondents say the club’s decisions are not binding on members, and Vice-President Mahmoud Mekky said he was confident judges would do their job.

The Supreme Constitutional Court had earlier described Sunday as “the blackest day in the history of Egyptian judiciary” after its judges were prevented from attending a meeting by Islamist protesters.

The court had been scheduled to rule on whether to dissolve both the constituent assembly that passed the draft constitution and the Islamist-dominated upper house of parliament, the Shura Council.

Supporters of President Mohammed Morsi wanted to block any ruling that would question the document’s legality.

Mohammed Morsi adopted sweeping new powers in a decree on November 22nd that stripped the judiciary of any power to challenge his decisions, so it is unclear what effect any Supreme Constitutional Court ruling would have had.

However, analysts say any ruling opposing his decisions would be a direct challenge and would bolster the opposition campaign to have his decree annulled.

The president’s supporters are wary of the court, as it dissolved an Islamist-dominated lower house of parliament in an earlier confrontation in June.

The draft constitution was rushed through the constituent assembly on Thursday night.

After receiving a copy of the document on Saturday, Mohammed Morsi called on “all Egyptians” to take part in the referendum, whether or not they agreed with the draft.

The draft constitution and the recent decree have prompted widespread protests by opponents.

Many anti-government activists remain camped out in Cairo’s Tahrir Square.

If approved, the new text will overwrite all constitutional declarations – including Mohammed Morsi’s decree – and a new parliament should be elected within 60 days.

Among the historic changes to Egypt’s system of government, the draft limits a president to two four-year terms. It also introduces some civilian oversight of the military.

The draft keeps in place an article defining “principles of Sharia”, or Islamic law, as the main source of legislation.

Mohammed Morsi’s supporters point to the fact that he is Egypt’s first freely elected president and argue that liberals and secularists do not represent the vast majority of Egyptians.

But the extent of Mohammed Morsi’s new powers has raised fears that he might become a new dictator.

The Judges’ Club’s decision follows a confrontation between Egypt’s Supreme Constitutional Court and Islamist supporters of President Mohammed Morsi.

The court said it was suspending its work after its members were prevented from ruling on the legitimacy of the body that drew up the constitution.

Opposition groups called for protests against the referendum on Tuesday.

They said Mohammed Morsi had broken a promise not to call a referendum without gaining a wide national consensus.

“The National Salvation Front condemns the irresponsible act by the president of the republic in calling a referendum on an illegitimate constitution that is rejected by a large section of his people,” an alliance of opposition groups said in a statement.

The opposition believes that the draft constitution undermines basic freedoms.

The latest developments heighten the tensions between President Mohammed Morsi and his Muslim Brotherhood supporters on one side, and his mainly secular political opponents and the judiciary on the other.

Hours after the Supreme Constitutional Court suspended its work, the Judges’ Club, the union which represents the profession nationwide, said it had turned down the judges’ traditional role of electoral oversight for the referendum.

“We have decided to boycott the supervision of the referendum on the constitution scheduled for December 15, 2012,” the club’s head Ahmed al-Zind announced.

“This protest is in response to what is being called the ‘constitutional decree’ and until this decree is rescinded.”

Correspondents say the club’s decisions are not binding on members, and Vice-President Mahmoud Mekky said he was confident judges would do their job.

The Supreme Constitutional Court had earlier described Sunday as “the blackest day in the history of Egyptian judiciary” after its judges were prevented from attending a meeting by Islamist protesters.

The court had been scheduled to rule on whether to dissolve both the constituent assembly that passed the draft constitution and the Islamist-dominated upper house of parliament, the Shura Council.

Supporters of President Mohammed Morsi wanted to block any ruling that would question the document’s legality.

Mohammed Morsi adopted sweeping new powers in a decree on November 22nd that stripped the judiciary of any power to challenge his decisions, so it is unclear what effect any Supreme Constitutional Court ruling would have had.

However, analysts say any ruling opposing his decisions would be a direct challenge and would bolster the opposition campaign to have his decree annulled.

The president’s supporters are wary of the court, as it dissolved an Islamist-dominated lower house of parliament in an earlier confrontation in June.

The draft constitution was rushed through the constituent assembly on Thursday night.

After receiving a copy of the document on Saturday, Mohammed Morsi called on “all Egyptians” to take part in the referendum, whether or not they agreed with the draft.

The draft constitution and the recent decree have prompted widespread protests by opponents.

Many anti-government activists remain camped out in Cairo’s Tahrir Square.

If approved, the new text will overwrite all constitutional declarations – including Mohammed Morsi’s decree – and a new parliament should be elected within 60 days.

Among the historic changes to Egypt’s system of government, the draft limits a president to two four-year terms. It also introduces some civilian oversight of the military.

The draft keeps in place an article defining “principles of Sharia”, or Islamic law, as the main source of legislation.

Mohammed Morsi’s supporters point to the fact that he is Egypt’s first freely elected president and argue that liberals and secularists do not represent the vast majority of Egyptians.

But the extent of Mohammed Morsi’s new powers has raised fears that he might become a new dictator.

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Egypt’ Supreme Court has overturned a decree by President Mohammed Mursi to recall parliament.

Mohammed Mursi had issued the decree in defiance of a military council ruling that dissolved parliament.

Members of parliament gathered for a brief session earlier in the day before the ruling of the Supreme Constitutional Court was announced.

Hundreds have gathered in Cairo’s Tahrir Square to protest against the court’s latest decision.

Protesters chanted slogans calling the decision “illegitimate” and denouncing the military, reports say.

The same court sparked the current impasse last month, when it said the parliamentary election was null and void because of flaws in the law setting it up.

Egypt' Supreme Court has overturned a decree by President Mohammed Mursi to recall parliament

Egypt' Supreme Court has overturned a decree by President Mohammed Mursi to recall parliament

The Muslim Brotherhood party – Mohammed Mursi’s power base – has the biggest bloc of seats in the parliament, and the current political impasse is seen by analysts as being part of a power struggle between the Supreme Council of the Armed Forces (SCAF) and the party.

Members of parliament met for their brief session before it was adjourned by Speaker Saad al-Katatni.

Saad al-Katatni said that by holding the assembly, MPs were not contradicting the dissolution ruling “but looking at a mechanism for the implementation of the ruling of the respected court. There is no other agenda today”.

The MPs approved Saad al-Katatni’s proposal that the parliament seek legal advice from a high appeals court on how to implement the supreme court’s ruling on the election.

Some non-Islamist MPs boycotted the session, criticizing Mohammed Mursi for what they said was an attack on the judiciary.

The liberal Free Egyptians party said Mohammed Mursi’s “violation of the Supreme Court’s decision” represented a “challenge to the legitimacy of his own rule”, as the president had taken his oath of office in front of the court.

The SCAF said it was confident “all state institutions” would respect the law and constitution.

The dissolution of parliament took place the day before Mohammed Mursi was elected in Egypt’s first ever free presidential poll.

It is unclear how events will unfold as the situation – with the new president elected without a new constitution having been drafted – is unprecedented, analysts say.

At the same time as dissolving parliament, the SCAF also issued a constitutional declaration stripping the president of any authority over the military, giving itself legislative powers and the power to veto the as-yet-undrafted constitution.

 

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Egyptian parliament has briefly convened, despite the ruling military council ordering it to be dissolved.

President Mohammed Mursi had ordered the assembly to meet in defiance of the ruling.

Earlier, the council said the decision to dissolve parliament must be upheld. The military closed parliament last month after a supreme court ruling.

Its latest intervention is seen by some as a challenge and warning to Mohammed Mursi, who was sworn in only a week ago.

It could be the first confrontation between the military and the president since Mohammed Mursi’s election.

Speaker Saad al-Katatni said by holding the assembly, MPs were not contradicting the ruling, “but looking at a mechanism for the implementation of the ruling of the respected court. There is no other agenda today,” he added.

The MPs approved Saad al-Katatni’s proposal that the parliament seek legal advice from a high appeals court on how to implement the supreme court’s ruling. He then adjourned the session.

The demonstration that was due to be held in Tahrir Square in defiance of the military’s decision does not seem to have gone ahead.

Egyptian parliament has briefly convened, despite the ruling military council ordering it to be dissolved

Egyptian parliament has briefly convened, despite the ruling military council ordering it to be dissolved

The Muslim Brotherhood – Mohammed Mursi’s power base, which has the biggest bloc of seats in parliament – had said it would participate on Tuesday “in a million-man march in support of the president’s decision and reinstating parliament”.

The military council said it was confident “all state institutions” would respect the law and constitution.

It is unclear how events will unfold as the situation – with the new president elected without a new constitution being drafted, and the parliament theoretically dissolved – is unprecedented, analysts say.

The statement from the Supreme Council of the Armed Forces (SCAF) will infuriate the Muslim Brotherhood.

Members of the Brotherhood believe it was the military that failed to respect the law by giving itself new powers after dissolving parliament last month.

Earlier on Monday, the Supreme Constitutional Court rejected the decree issued by Mohammed Mursi the day before to reconvene the Islamist-dominated parliament.

The court said its 14 June ruling – that the law governing Egypt’s first democratic elections in more than six decades was unconstitutional because party members were allowed to contest seats in the lower house reserved for independents – was binding and final.

As the court had not itself ordered the dissolution of parliament, Mohammed Mursi was not directly challenging a court order.

No mention was made of the court’s ruling in the decree. And presidential spokesman Yasir Ali argued Mohammed Mursi had been quite legitimate in suspending the dissolution until new parliamentary elections took place within 60 days of a new constitution being ratified.

Despite the apparent tensions, the president and Field Marshal Hussein Tantawi, who heads SCAF, appeared together at a military cadet graduation ceremony on Monday.

The president’s order has not, however, been welcomed by political rivals.

Former presidential candidate Abdul Moneim Aboul Fotouh said Mohammed Mursi’s decision a subtle way out of that confrontation.

“Respect for the popular will by restoring the elected parliament and respect for the judiciary by holding parliamentary elections is the way out of this crisis,” he wrote on Twitter.

Liberal MP Mohammed Abu Hamed urged SCAF to challenge what he called “this constitutional coup”.

The constitutional court is due to hear a number of appeals against the decree on Tuesday, reports say.

Mohammed Mursi won the country’s first free presidential election last month, and army chiefs formally handed over power on 30 June.

Before Mohammed Mursi’s inauguration, the military granted itself sweeping powers.

The commanders’ constitutional declaration stripped the president of any authority over the military, gave military chiefs legislative powers, and the power to veto the new constitution, which has yet to be drafted.

Who holds the power in Egypt?

Supreme Council of the Armed Forces (SCAF)

The interim constitutional declaration of 17 June gives the SCAF complete legislative power until a new parliament is elected and gives it a strong voice in the constitution-writing process. The decree makes the military free from civilian oversight, and gives the SCAF control of military affairs and the budget.

President

On paper, the president has authority over administrative and domestic affairs. He will appoint the cabinet – with the exception of the defense minister, which is reserved for the head of the SCAF. The president chairs the re-established National Defense Council, but the military has a majority.

Parliament

The SCAF dissolved the lower house, the People’s Assembly, after the Supreme Constitutional Court found the election law unconstitutional. New elections will take place a month after the new constitution is approved, effectively suspending parliament until then. It is unclear whether the upper house, the Shura Council, is affected.

Supreme Constitutional Court

The court decides cases in which the constitutionality of a law or regulation is challenged. Its current president, Farouq Sultan, who is set to retire this summer, was appointed by Hosni Mubarak. His successor was selected by the court.

 

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