8 January 2013

Egypt: State Commissioners - Constitutional Decrees Not Subject to Judicial Oversight

Egypt's State Commissioners Authority has issued a recommendation that the State Council has no authority to rule on challenges to constitutional declarations President Mohamed Mursi recently decreed since they are "acts of sovereignty which the judiciary cannot directly or indirectly oversee".

All 35 challenges to Mursi's decrees demand halting and annulling the two constitutional declarations the president issued in August and November of last year.

The challenges claim that "the two declarations are against constitutions, laws, and constitutional norms".

As head of the state, the president "cannot decree any constitutional declaration without putting it to a referendum, and any presidential decision is an administrative one that may be contested before administrative courts", the challenges stated.

Mursi issued last November a constitutional declaration that provides immunity to the constitution-drafting body, the Shura Council, and his decisions against legal challenge.

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