Egypt has introduced to humanity the oldest political system. Along the banks of the River Nile, there arose the most ancient unified government which built the greatest civilization in the world. Over ages, the bases of the Egyptian political system were deeply entrenched.
As for the ministerial system in Egypt, it dates back to 1805 when Mohamed Ali Pasha established a diwan called "The Diwan of the Ruler" to be in charge of "Controlling the city i.e. the capital" and settling clashes between citizens and foreigners.
The first ministry in the history of Egypt was formed in August 1878, headed by Nubar Pasha. The real beginning of the parliamentary life in Egypt could be traced out concomitant with the establishment of the first elected parliament, namely the Consultative Council of Representatives in 1866.
Historical Evolution of the Egyptian Constitutions
Since the outset of the 19th Century, the constitutional system has greatly changed. On February 7, 1882, a statute was established and soon cancelled by the British occupation.
After the abolition of the British protection, the 1923- Constitution was issued, and then annulled in 1930; and the 1930-Constitution was issued and remained effective until December 13,1935 when a royal decree was issued to bring the 1923-Constitution back into effect until the eruption of the July 23-Revolution.
Since that time, the Egyptian constitutional system has passed through five main stages: the period under the 1953-constitution, the period under the 1956- Constitution, the period under the temporary Constitution of the United Arab Republic in 1958, the period under the Constitutional Declaration of the United Arab Republic in 1964 and the period under Egypt's Permanent Constitution issued on September 11,1971.
The Permanent Constitution of the Arab Republic of Egypt, issued on September 11, 1971 and amended on May 22,1980, on May 25, 2005 and on March 26,2007, organizes the state's political system and defines the public authorities and their terms of reference.
Hence, the constitution establishes the principle of citizenship as the main pillar of the democratic parliamentary system, affirming the rule of law and independence of judicature as the bases of rule. Moreover, it emphasizes the Islamic Shari'a as the main source of legislation and the Arabic language as the State's official language.
The Constitutional amendments consist of 34 articles, adopted in March 2007, embody President Mubarak's electoral platform that highlighted the main objectives of such amendments, namely bringing about more equilibrium between authorities, enhancing the partisan life, empowering women and developing municipalties.
The Egyptian political system consists of the legislative, executive and judicial authorities, in addition to the press, political parties, local administration and civil society organizations.
The Legislative Authority
The Egyptian parliamentary system has successively developed since the early 19th century.
In 1824, the first parliamentary council (The Supreme Council) was es-tablished, and it was followed by the Consultant Council in 1829. Then, in 1837, Muhammad Ali Pasha issued the state law that annulled the Consultant Council and established, instead, two councils, namely the Special Council for Enacting Laws and the Public Council for discussing whatever matters referred by the government.
Concomitant with the issuance of the first Constitution of the independent Egypt on April 19,1923, Egypt applied the system of the two Councils i.e. the Senate and the Council of Representatives.
Subsequent to the July 23- Revolution, the legislative au-thority passed through different stages; till 1956, there was no legislative council, and along with the issuance of the 1956- Constitution the single-chamber system (the Council of the Nation) was unprecedentedly applied, instead of two councils. When the first parliamentary elections took place in the era of late president Anwar As-Sadat on October 27, 1971, the name of the Council of the Nation changed to the "People's Assembly".
In 1976, Egypt witnessed such a remarkable political transformation by the declaration of the multi-forums system (center, right-wing, left-wing).
These forums, along with the independents, participated in the November 1976- elections where the Center won 280 seats, the right-wing 21 seats, the left-wing 2 seats and the independ-ents 48 seats.
In the first session of the People's Assembly in November 1976, the fo-rums were decided to turn into political parties, and in June 1977, the Law on Political Parties was issued.
This constitutional term continued from November 11, 1976 till April 10,1979 as the People's Assembly did not complete its due term. On April 19,1976, a referendum was conducted, by virtue of which, the Shura (Consultative) Council was established.
In June 1979, the first legislative elections after turning the forums into parties were conducted, where the National Party won 330 seats, the Labour Party 30 seats, al-Ahrar Party 3 seats, at-Tagamu (Gathering) Party did not win any seats while the independents won 10 seats. This Council completed its constitutional term.
After President Mubarak assumed office, the first legislative elections were conducted on June 23,1984 under the party-list system. The Egyptian territories were divided into 48 constituencies (448 members), while allocating 31 seats for women.
The People's Assembly was dissolved in February, 1987 after the Constitutional Court announced the unconstitutionality of the party-list system that did not give the independents the same rights provided for party-list candidates. In 1990, the elections were conducted under the individual election system and the People's Assembly continued its sessions till April 19,1995.
Then, the 1995-elections were held and the council continued its sessions till October, 2000. During the period (October 18- November 13, 2000), legislative elections look place under three stages. The elections of the current People's Assembly were held, where the independents won 100 seats.
1- The People's Assembly
It exercises the legislative authority, approves the State's overall policy, as well as the socio-economic development plan and the state's public budget. It is composed of 454 members including ten members appointed by a presidential decree. 50 % of the members are workers and peasants. Women represent 2 percent of the total number of members (4 by nomination and 5 by appointment).
The Assembly's constitutional term is five Gregorian years starting from the first meeting. Elections for new terms are held within 60 days before the end of the current term.
The Assembly exercises its legislative and monitoring power through 18 committees: Constitutional and Legislative Affairs, Plan and Budget, Economic Affairs, Foreign Affairs, Arab Affairs, Defence and National Security, Suggestions and Complaints, Manpower, Industry and Energy, Agriculture and Irrigation, Education and Scientific Research, Awqaf, Social and Religious Affairs, Culture, Media and Tourism, Health and Environment Affairs, Transport and Communication, Housing, Public Utilities and Construction, Local Government and Public Organization and Youth Committees.
The Central Auditing Organization (CAO) assists the People's Assembly. The (CAO) is an independent public corporate body that aims at ensuring control over government funds and those of other public bodies. It assists the People's Assembly with both audit and legal aspects of financial control.
2- The Shura (Consultative) Council
It was established in 1980 by virtue of a constitutional amendment agreed upon by the people through a public referendum conducted on May 22, 1980 and approved by the People's Assembly. This took place for the first time since the July 23 Revolution, where the parliamentary life in Egypt was based on a single-chamber system.
Since its inception in 1980 and till March, 2007, the Shura (Consultative) Council has been mandated with studying and proposing whatever deems fit to reinforce national unity and social peace, and protect basic components of the society.
The Constitutional amendments agreed upon on March 26, 2007 brought about a clear change in the competences of the Shura (Consultative) Council.
After it has been undertaking a consultative role, it became assigned with a legislative one; it should approve the draft laws complementary to the constitution (Articles 194,195). Hence, such amendments led to moving from the single-chamber system to the two-chamber system. Year 2007 witnessed the Shura (Consultative) Council's mid-term elections (June, 2007) that took place for the 10th time in the history of the council after the elections of 1980, 1983, 1986, 1989, 1992, 1995, 1998, 2001 and 2004
The term of membership is six years, 50 percent of the members are re-elected or re-appointed after the elapse of three years. The Shura Council is composed of 264 members, of which women total 21 including one by election, for the first time in the history of the council and 20 by appointment i.e. 8.7 percent of the council members against 18 women only in the previous council i.e. 6.8 percent.
The Executive Authority
1- Head of State: (The President of the Republic)
He presides over the executive authority and works for ensuring sovereignty of the people, respect of the constitution, rule of law and protection of national unity. The term of presidency is six Gregorian years starting from the date of announcing the referendum results. The president may be reelected for other terms.
Choosing the President of the Republic through Direct Free Elections
In such an unprecedented step in the history of the political system in Egypt, deemed as the most significant procedure ever taken as regards the form and content of the political system, President Hosni Mubarak called upon the People's Assembly and the Shura (Consultative) Council for amending Article No. 76 of the Constitution, so that President of the Republic will be chosen through direct free election among a number of candidates instead of referendum. Accordingly, the Egyptian people agreed on this amendment via a referendum held on March 25, 2005. Therefore, the 1-day presidential elections was held on September 7, 2005 among 10 candi-dates under the full supervision of the Higher Presidential Election Committee which declared President Mohammed Hosni Mubarak; candidate of the National Democratic Party on September 9, 2005 as the president of the Arab Republic of Egypt with a majority of 88.571 % as he gained 6,316,851 votes, out of 7,131,851.
Conditions of Nomination for Presidency
By virtue of Article 76 of the Constitution, for an applicant to be accepted as a candidate for presidency, he shall be supported by 250 elected members, provided that those shall include at least 65 members of the People's Assembly, 25 of the Shura Council and 10 of every local council in at least 14 governorates.
Political parties, which have been founded at least five years before the starting date of candidature, and whose members have obtained at least 5% of the elected members of both the People's Assembly and the Shura council, may nominate for presidency a member of their respective upper board.
As an exception to the provisions of the afore-mentioned paragraph, any political party may nominate a member of their upper boards for the first presidential elections to be conducted. This provision was applied in September 2005-elections where ten candidates from 10 political parties competed for presidency.
The second amendment of Article 76 (March 2007) mitigated the condition of nomination for presidency as it allowed political parties, which have been founded at least five consecutive years before the starting date of candidature and have been operating uninterruptedly for this period, and whose members have obtained at least 3% of the elected members of both the People's Assembly and the Shura Council or what equals this total in one of the two assemblies, may nominate for presidency a member of their respective high board, according to their own by-laws provided that he has been a member of such board for at least one uninterrupted year.
As an exception to the provisions of the afore-mentioned paragraph, the afore-mentioned political parties whose members obtained at least one seat in any of the People's Assembly or the Shura Council in the last elections may nominate in any presidential elections to be held within ten years as of May 1, 2007, any member of its higher board, according to their own by-laws, provided that he has been a member of such board for at least one consecutive year.
Authorities of the President of the Republic
The Head of State, in conjunction with the Council of Ministers, lays down and supervises the implementation of public policy. He is also the Supreme Commander of the Armed Forces and head of both the Supreme Police Council and the National Defense Council.
One of the most remarkable features of the constitutional amendments is that the President of the Republic exercises some of his authorities, in conjunction with both the People's Assembly and the Shura Council as well as the Council of Ministers.
Ar-ticle 74 lays down some measures that govern the exercising of authorities stipulated therein. By virtue of the afore-mentioned article, the President of the Republic shall take urgent measures to face any danger after taking the opinion of the Prime Minis-ter and the Speakers of the People's Assembly and the Shura Council.
The dissolution of the People's Assembly and the Shura (Consultative) Council may not take place while exercising these authorities. Article (141) stipulates that the President of the Republic shall appoint the Prime Minister and relieve him of his post, while the appointment of the prime Minister deputies, the ministers and their deputies and relieving them of their posts shall take place by a decree of the Presi-dent of the Republic after taking the opinion of the prime minister. In addition, the President's competences as regards the issuance of executive regulations, controlling by-laws and the decisions necessary for establishing and organizing utilities and public interests shall be exercised in conjunction with the Council of ministers.
2- The Government (The Cabinet)
Represented in the Council of Ministers, the government is the highest administrative and executive body. It administers the affairs of the government as follows:
- Direct, coordinate, and monitor the performance of ministries and public au-thorities.
- Draft public state budget and state overall plan.
- Conclude grants and loans accords.
- Lay down and supervise the implementation of public policy in conjunction with the Head of State according to the presidential laws and the decrees.
- Observe the implementation of laws, maintain security and protect citizens' rights and welfare.
Presidential Decree for Forming the New Cabinet
According to Presidential Decree No. 424 of 2005, a new cabinet was formed as follows:
- Dr. Ahmed Mahmoud Muhammad Nazif Prime Minister.
Cabinet Members:
- Field Marshal Muhammad Hussein Tantawi Soliman, Minister of Defence and Military Production.
- Farouq Abdel Aziz Hosni, Minister of Culture.
- Dr. Youssef Boutros Ghali, Minister of Finance and Insurance.
- Dr. Mahmoud Hamdy Zaqzouq, Minister of Awqaf (Endowments).
- Dr. Mofid Mahmoud Mahmoud Shehab, Minister of State for Legal Affairs and Parliamentary Councils.
- Dr. Mahmoud Abd el Halim Abu Zeid, Minister of Irrigation and Water Re-sources.
- Habib Ibrahim Habib el-Adly, Minister of Interior.
- Dr. Sayed Abdu Mostafa Masha'l, Minister of State for Military Production.
- Amin Sameh Sameer Fahmy, Minister of Petroleum.
- Dr. Hassan Ahmed Yunis, Minister of Electricity and Energy.
- Fayza Muhammad Abul-Naga, Minister of International Cooperation.
- Dr. Othman Muhammad Muhammad Othman, Minister of State for Economic Development.
- Ahmed Muhammad Shafiq Zaki, Minister of Civil Aviation.
- Counsellor Mamdouh Mar'i, Minister of Justice.
- Maged Georges Elias, Minister of State for Environment Affairs.
- Anas Ahmed Nabeeh el-Fiqi, Minister of Information.
- Dr.Ahmed Mahmoud Othman Darweesh, Minister of State for Administrative Development.
- Dr. Tareq Muhammad kamel, Minister of Communications and Information Technology.
- Dr. Mahmoud Safwat Mohi-eddeen, Minister of Investment.
- Ahmed Alaa el-Din Ameen Al-Maghraby, Minister of Housing, Utilities and Urban Development.
- Rasheed Muhammad Rasheed, Minister of Foreign Trade and Industry.
- Dr. Ali el-Sayed Ali el-Meslhy, Minister of Social Solidarity.
- Dr. Yousri Saber Hussein Al Gamal, Minister of Education.
- Dr. Hany Mahfouz Helal, Minister of Higher Education, and Minister of State for Scientific Research.
- Dr. Hatem Mostafa el-Gabaly, Minister of Health and Population.
- Muhammad Yunis Mansour Lotfy Mansour, Minister of Transport.
- Amin Ahmed Muhammad Othman Abaza, Minister of Agriculture and Land Reclamation.
- Muhammad Zoheir Garanah, Minister of Tourism.
- A'isha Abdel-Hady Abdel-Ghani, Minister of Manpower and Immigration.
- General Muhammad Abdel Salam Al-Mahgoub, Minister of State for Local De-velopment.
The Judicial Authority
The Constitution of the A.R.E., issued in 1971, stipulates that the Judicial au-thority is an independent authority.
This function is assumed by Courts of Justice. The courts issue their verdicts in accordance with the law. Judges are independent in performing their duties.
No other authority may intervene in the affairs of justice. The judicial authority is composed of different kinds of courts (such as courts of First Instance, Appeal, Cassation) as well as Administrative Courts (State Council) and the Supreme Constitutional Court that is considered an independent judicial body concerned with determining the constitutionality of laws. The court of cassation is an independent court, higher than Courts of First Instance and Courts of Appeal. Its main function is to study the application of laws.
The Press
The press is an independent public authority that undertakes its mission in compliance with the provisions of the constitution and the law. The constitution pro-vides that: the freedom of press is warranted and press census is prohibited.
Egypt is considered the first Arab country to know the press. Al-Waqa'ie – al Missriya (Official Gazette) was first issued in 1828, followed by various newspapers expressing the political, economic, social and cultural conditions of the country.
Leg-islations regulating press affairs followed in succession. On January 14, 1799, the first law on publication was issued, and in 1941, the Syndicate of Journalists was established. On May 24, 1960, Law No. 156 of 1960 regulating the press was issued. In 1980 Law No. 148 of 1980 was issued stipulating that the press in an independent public authority that freely performs its mission of expressing public opinion trends and helping shape it through various channels of expression.
In 1996, Law No. 96 was issued regulating the press. Year 2006 witnessed a remarkable amendment in some of the Penalty Law articles, by virtue of which pen-alties in some publishing crimes were annulled, thus ensuring the freedom of press and preserves its independence. The Egyptian press is divided into national, partisan and independent newspapers, which hit 530 newspapers.
The Supreme Press Council
It is an independent body that administers the affairs of the press in such a way to secure its freedom and independence within the framework of the law. It is headed by the Speaker of the Shura Council.
The Council was established in 1975 under a decree by the Arab Socialist Union. On March 23, 1983, The Supreme Press Council approved the code of press ethics, and on March 26, 1998.
Political Parties
Egypt knew political parties in the modern sense of the word in the 19th century. The first real political party was the National Party established by the leader Mustafa Kamel in 1907.
The political system in Egypt passed through successive stages:
The stage of political plurality (1932-1952), the stage of the single political organization (1953-1967), the stage of forums (1976-1977) and the present stage of political plurality. The number of political parties has amounted to 24 against five in 1981. They exercise their political activities in full freedom under complete political and legal guarantees.
The National Democratic Party is the Party of the majority. It participated in the presidential elections that took place on September 7, 2005. Its candidate, Mohammad Hosni Mubarak, won the presidential seat with 88.571 % and the Party won 311 seats.
Members of the NDP Conference had agreed on November 4, 2007, to amend the political system of the Party, where 3 new articles have been added. Moreover, the special articles of the annual conference have been amended so that it would be con-vened every 4 years in the last quarter of the year.
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Party Name
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Date of Establishment
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1
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The Ruling National Democratic Party
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1977
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2
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The Socialist Liberal Party
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1977
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3
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Tagamu (Gathering) National Progressive Party
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1977
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4
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The Socialist Labour Party
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1978
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5
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The Neo-Wafd (the Delegation) Party
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1978
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6
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Ummah (Nation) Party
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1983
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7
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Egypt Socialist Arab Party
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1985
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8
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The Egyptian Khodhr (Green) Party
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1990
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9
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The Democratic Union Party
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1990
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10
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Misr Al-Fatah (Young Egypt) (Suspended at present)
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1990
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11
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The Nasserist Democratic Party
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1992
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12
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The Democratic People's Party
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1992
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13
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'Adala Igtimiya (Social Justice) Party
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1993
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14
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Al-Takaful (Social Solidarity) Party
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1995
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15
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Al- Wifaq al- Qaumi (National Concordance) Party
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2000
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16
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Egypt 2000 (Misr 2000) Party
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2001
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17
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Al Geel (Generation) Democratic Party
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2002
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18
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Al Ghadd (Tomorrow) Party
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2004
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19
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The Free Social Constitutional Party
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2004
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20
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Egypt Youth Party
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2005
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21
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The Democratic Peace Party
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2005
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22
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The Conservatives Party
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2006
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23
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The Free Republican Party
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2006
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24
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The Democratic Front Party
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2007
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Local Government
Egypt knew the local government system since the time of French Revolution, when Napoleon Bonaparte divided the country into 16 provinces. When Muhammad Ali came to power, he divided the country into 14 administrative units and each into several markez (districts).
In the wake of the British occupation, Egypt applied the first system of local administration where provincial councils were established by virtue of law in May 1883 as branches of the central administration. However, these councils were not corporate bodies and had only consultative powers.
Then, Egypt knew the local municipal council system for the first time when the Alexandria Municipality was established as a corporate body on January 5, 1890. The first constitutional recognition of local system was expressed in Articles 132 and 133 of the 1923 Constitution, stipulating that councils (municipalities and provinces) shall be formed by election subject to financial capacity. The Constitution granted the councils authorities to locally implement public policy and obligated them to publi-cize their budgets and make their sessions open to citizens.
According to the 1971 Constitution, the Arab Republic of Egypt is divided into 26 administrative units (governorates) of juridical entities, each comprising a number of markez (rural districts), urban districts and villages, in addition to the city of Luxor with its special status.
Local administration units are mandated to establish and manage all the public utilities within their jurisdiction and to approve land reclamation projects within the jurisdiction of the local unit.
In an attempt to develop the local administration system, the following para-graph was added to Article 161 of the Constitution "the law guarantees decentralization and regulates the means of empowering the administrative units as regards providing local services and utilities, promoting and managing them well." This aims at enhancing the executive authorities of local government, thus leading to the sound application of decentralization in addition to enabling municipalities to undertake their due role.
Civil Society Organizations
Civil society organizations consist of non-governmental organizations, trade unions, religious societies and other non-governmental voluntary activities.
The origins of civil society organizations in Egypt date back to the 19th Century. Their national goals were represented in the quest for the constitution, independence and national struggle.
During the period from 1952 to 1970, their activities have been disrupted, due to the domination of the one-party system until the political experience of political pluralism and economic open-door policy in the 1970s started to reflect on civil society organizations, salient of which are the following:
1- Professional Associations
Professional syndicates have remarkably grown in number as a result of adopting political plurality. This was reflected on their role, where some of them extend their traditional roles represented in protecting and developing profession in addition to expressing demands of their members of new and important roles through emphasis on national political and foreign policy issues.
2- Non- Governmental Organizations (NGOs)
The origins of NGOs in Egypt are associated with the rise and evolution of the Egyptian society. The first NGO in Egypt was established in 1821 when the Greek Charity Association in Alexandria was founded. Over recent years, the non-governmental sector of the Egyptian society has increasingly grown.
Most NGOs operate in the field of social care as shown in social aid, care of people with special needs in addition to family, motherhood and childhood care. Some NGOs are engaged in local development. At present, there are about 22,000 NGOs in Egypt.
3- Trade Unions
Trade unions are the organizations that express the interests of the working class in Egypt.
4- Businessmen Associations
Businessmen associations represent a new scope of activity of civil society or-ganizations associated with the new economic policy, known as the "economic open-door policy" adopted by the state in 1974. The first of such organizations "The Egyptian-American Council" was established in 1975, with further organizations to follow.
5- Chambers of Commerce and Industry
They reflect the interests of a broad base of businessmen, especially those who belong to the middle class. Membership of such chambers is obligatory and condi-tional to practicing profession.
6- Advocacy Organizations
They mainly refer to human rights organizations. Since early 1980, these organizations have remarkably increased.