Type: Constitutional
Case no.: 166 constitutional judiciary year 34
Case Year: 2013
Adverse: Khaled Fouad Mohamed Hafez and Ihab Hafez Ragheb
Representation: Appellants
Verdict:
Verdict Date: 2-6-2013
Judges: President – Maher Al Beheiry
Members – Adly Mahmoud Mansour – Anwar Rashad Al Assi – Abdul Wahhab Abdul Raziq – Mohamed Abdul Aziz al Shinnawi – Maher Sami Youssef – Mohamed Khairi Taha al Nagga
Court: Supreme Constitutional Court
Subject Lawsuit and no.:
Lawsuit no. 45931 judiciary year 66 referred from Cairo Administrative Judiciary – First Department issued in session dated 23-10-2012 appealing against the decision of forming the first Constituent
Assembly elected to put the draft of a new constitution for the country
The legal text appealed against:
First Article from Law no. 79 year 2012 stating (with the consideration of the rule of provision no. 60 of the constitutional announcement the non hired members of the People’s Assembly and the Consultative Assembly to elect 100 members of the constituent assembly to prepare a draft for the new constitution for the country, also they elect 50 members as spare and their decisions concerning this issue submit to monitoring on the constitutionality of the parliament laws
The constitutional text claimed to be violated:
Article no. 115 of the constitution which states (the parliament takes the authority of legislation, stating the state general policies, general plan for economic and social development, state general budget and practices monitoring on the acts of the executive authority in the way stated in the constitution
Appealed Against: Head of the Supreme Council of the Armed Forces – President of the parliament – president of the consultative assembly – President of the Republic – Head of the constituent assembly
Verdict:
The court ruled of the non constitutional of the Law no. 79 year 2012 concerning measures of electing the members of the constituent assembly preparing a draft for the new constitution of the country.
