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.

 

Had it not been for a supportive, strong and firm-set groundwork of government, administration and legislation systems and techniques, such lofty Egyptian civilization over ages would have never emerged, flourished and survived.

 

Egypt had the precedence in crystallizing this through institutional frameworks that played an important role in molding the people's life and protecting the principle of freedom and democracy.

Moreover, Egypt has known the constitution (father of laws) as well as constitutional committees before any deep-rooted nation in this field.

 

It can be said that, the first constitution of the country was issued in 1882, although the first real constitution was issued in 1923 after the abolition of the British Protection in 1922. Egypt had lived a parliamentary life since 1824 and was a pioneer in this field.

 

The Permanent Constitution of the Arab Republic of Egypt, issued on September 11, 1971 and amended on May 22, 1980, organizes the State's political system and defines the public authorities and their terms of reference. Hence, the constitution establishes the pillars 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 Egyptian political system consists of the legislative, executive and judicial authorities, in addition to the press, political parties, local administration and civil society organizations.

 

Egypt has known the parliamentary system in an early period of its modern history, preceding countries of the region in expressing the legislative systems through consecutive constitutional forms.

 

Today, Egypt lives an age enriched with political exercise, democracy, and real parliamentary life, based on a deep-rooted history as well as parliamentary and democratic traditions resulting from long experience in parliamentary life over centuries.

 

Since 1805, when the Egyptian people chose Muhammed Ali Pasha as a ruler, the first forms of the Egyptian parliament were established, on top of which was the Supreme Council in 1824, then the Consultant Council in 1829, followed by many steps, leading to the establishment of the Consultative Council of Representatives in 1866. Ever since, democracy and sound parliamentary life have been a national request for which Egyptians have struggled, until the 1923* Constitution was issued.

 

Observers of the history of parliamentary life in Egypt can figure out that progress in this domain has passed through three main stages: First: the period before issuing the 1923 Constitution. Second: the period 1923-1930 under the 1923 Constitution and third: the period from the July 23, 1952 Revolution to date**. To establish a sound democratic life was one of the Revolution's principles.

 

 Temporary constitutions were issued in 1956, 1958, and 1964, then the current Constitution of Egypt was issued in 1971 and amended in 1980 and 2005***.

Over time and in response to socio-economic and political developments in the Egyptian society, institutional frameworks have been upgraded, with their forms elaborated, their powers more integrated and working modalities and practices more entrenched. These were accomplished through a series of pioneering experiments across various parliamentary systems, each representing a significant addition to the parliamentary life in Egypt.

This was an outcome of a growing national and a popular movement supporting the role of the parliamentary institution in forming the nation's life, and protecting principles of freedom. The legislative authority consists of the following:

 

It is the Egyptian parliament that, according to the Constitution, exercises the legislative authority, approves the state's overall policy, as well as the socio-economic development plan and the state's public budget. Moreover, it controls the work of the executive authority in such manner as described in the Constitution.

The first session of the People's Assembly was held on November 11, 1971 under the current Constitution, and ended its term on November 10, 1976. In 1976, new elections were held under the multi-forum system within the single then existing political system at that time, i.e. the Arab Socialist Union.

 

In June 1979, the first legislative elections under the new multi-party system were conducted, with a group of political parties participating.

When President Mubarak assumed office, a new era of freedom and rule of law started. The electoral system of the People's Assembly was amended. In 1983, the individual election system was amended into a party-list and proportionate representation system where all the parties participated.

 

In 1986, a law was issued amending the electoral system so as to combine both party-list and the individual systems. In 1990, a decree-law was issued to turn back to the individual election system. The Egyptian territories were divided into 222 constituencies, for which two members are elected of whom one at least is a worker or peasant*. Moreover, political rights of woman were guaranteed for being represented in both the People's Assembly and the Shura Council.

The People's Assembly, in its current session, is composed of 454 members including ten members appointed by a presidential decree. Fifty percent of the members have worker and peasant status.

 

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.

During the elections of the People's Assembly in October/November 2000, Egypt applied in its three stages complete judicial supervision over all main and secondary electoral committees.

To realize integrity and neutralism, the People's Assembly amended the Political Rights Practice Law in 2005, whereby a Parliamentary Elections High Committee was created, enjoying full independence on supervising the election process procedures.

The Assembly exercises its legislative and monitoring power through 18 committees: Constitutional and Legislative, Planning and Budgeting, 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 Agency (CAA) assists the People's Assembly. The CAA is an independent public corporate body that aims at ensuring control over government funds and those of other public bodies. CAA assists the People's Assembly with both audit and legal aspects of financial control.

It was established in 1980 by virtue of a constitutional amendment agreed 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 system1.

The establishment of the Shura Council as an expression of the urge to enlarge the space of democracy and to allow participation by wider segments of thinkers and senior specialists to contribute to shaping the present and future of the nation as well as participating in political decision-making2.

The Shura (Consultative) Council is mandated with studying and proposing whatever it deems fit to reinforce national unity and social peace, and protect basic constituents of the community. In addition, the Council expresses its opinion on draft laws supplementary to the Constitution, and the draft public socio-economic plan, as well as draft laws related to the state public, Arab or foreign policies3.

The term of membership is six years, 50 percent of the members are re-elected or re-appointed after the elapse of 3 years.

 

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 re-elected for other terms.

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.

 

President Hosni Mubarak called the People's Assembly and 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 May 25, 2005. Therefore, the 1-day presidential election was held on September 7, 2005 among 10 candidates under the full supervision of the Higher Presidential Election Committee. A number of 13,000 judges monitored 9865 sub-committees and 329 general committees on the republican level.

 

Then, Egypt entered into the elected president era as the Egyptians chose their president through election for the first time in its history when the Higher Presidential Election Committee declared President Mohammad 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 percent, of which he gained 6,316,851 million votes.

On September 27, 2005, President Mubarak took the constitutional oath as a president of the republic for the coming six years, before an extraordinary session of the People's Assembly.

 

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 authorities.

- Draft public state budget and state overall plan.

- Conclude grants and loans accords.

The government lay down and supervises the implementation of public policy in conjunction with the Head of State according to the presidential laws and the decrees.

Moreover, the government works for observing the implementation of laws, maintaining security and protecting citizens' rights and welfare.

Bodies supporting the government are represented in the Central Agency for Public Mobilization and Statistics and the Central Agency for Organization and Administration.

According to Presidential Decree No 424 of 2005, a new cabinet was formed as follows:

- Dr. Ahmed Mahmoud Muhammad Nazif, Prime Minister.

- Field Marshal Muhammad Hussein Tantawi Solaiman, Minister of Defence and Military Production.

- Farouq Abdel Aziz Hosni, Minister of Culture.

- Dr. Youssef Boutros Ghali, Minister of Finance.

- Dr. Mofid Mahmoud Shehab, Minister of State for Legal and Parliamentary Councils Affairs.

-. Ahmed Alaa el-Din Amin el-Maghrabi, Minister of Housing, Utilities and New Urban Communities.

-. ‘Aisha Abdel- Hady Abdel- Ghani, Minister of Manpower and Immigration.

- Dr. Mahmoud Hamdy Zaqzouq, Minister of Awqaf (Endowments).

- Dr. Mahmoud Abd el-Halim Abu Zeid, Minister of Irrigation and Water Resources.

- Habib Ibrahim Habib el-Adly, Minister of Interior.

- Dr. Ali el-Sayed Ali el-Meslhy, Minister of Social Solidarity.

- Dr. Sayed Abdu Mustafa Masha'l, Minister of State for Military Production.

.- Amin Sameh Samir Fahmy, Minister of Petroleum.

- Dr. Hassan Ahmed Younis, Minister of Electricity and Energy.

- Fayza Muhammad Abul-Naga, Minister of International Cooperation.

- Dr. Osman Muhammad Osman, Minister of State for Economic Development.

- Hatem Mostafa Mostafa el-Gebaly, Minister of Health and Population.

- Ahmed Muhammad Shafiq Zaki, Minister of Civil Aviation.

- Counsellor  Mamdouh Mar'i, Minister of Justice.

- Amin Ahmed Muhammad Osman Abaza, Minister of Agriculture and Land Reclamation.

- Dr. Hani Mahfouz Helal, Minister of Higher Education and the State for Scientific Research.

- Dr. Yousri Saber Hussein Al Gamal, Minister of Education.

- Ahmed Abul-Gheit, Minister of Foreign Affairs.

- Maged George Elias, , Minister of State for Environment Affairs.

- Anas Ahmed Nabeeh el-Fiqi, Minister of Information.

- Mohammad Younis Lotfy  Mansour, Minister of Transport.

- Muhammad Abdel Salam Mahgoub, Minister of State for LocalDevelopment.

- Dr. Tarek Muhammad Kamel Mahmoud, Minister of Communications and Information Technology.

- Dr. Mahmoud Safwat Mohie-eldeen, Minister of Investment.

-. Muahmmad Zoheir Garanh, Minister of Tourism.

- Rasheed Muhammad Rasheed , Minister of Trade and Industry.

- Dr.Ahmed Mahmoud Darwish ,Minister of State for Administrative Development.

 

Besides the legislative and executive authorities, the judicial authority commands an important position. Egypt is indeed one of those countries that had long known modern judiciary systems, influenced by the French model. In this connection, the beginning was represented in what was called “modern techniques” issued in 1875, whereby the mixed courts system was created*.  

The Constitution of the A.R.E, issued in 1971, stipulates that the judicial authority 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. 

 

Judicial authority affairs are overseen by a council headed by the President, who is consulted on draft laws regulating the affairs of the judicial institutions.

The judicial authority plays an important role in exercising judicial control over the constitutionality of laws and interpreting their provisions.

Moreover, the judiciary plays a similar role in formalizing the political parties in such a way that enhances democracy and protects the rights, freedom and principles of both the Egyptian citizen and society.

 

The press is an independent public authority that undertakes its mission in compliance with the provisions of the Constitution and the law. The Constitution provides that: Freedom of the 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.

 

Legislations 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 was issued stipulating that the press is 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. The Egyptian press is divided into national, partisan and independent newspapers issued by political parties as well as private and public corporate bodies.

It is an independent body that administers the affairs of the press in such a way so as 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, the code of ethics was issued.

 

Egypt knew political parties in the modern sense of the word in the 19^th century. These parties rose as an expression of certain socio- eonomic and intellectual interactions during that period. That period also witnessed the rise and evolution of modern governmental institutions in Egypt.

 

These parties rose initially as social and political associations although some were named as a “party”. However, the first real political party was the National Party established by the leader Mostafa Kamel in 1907.*

Political parties in Egypt were born fully mature. In a matter of a few years, parties mushroomed. Following the July 23 Revolution 1952, political parties were dissolved and Egypt adopted a one-party system that persisted up to 1976. President Sadat announced a multi-party system. Three platforms were established under the umbrella of the existing political organization at that time**. Then, in June 1977, the political parties Law no. 40 regulating the formation of political parties in Egypt was promulgated.

This law was amended through issuing Law No. 177 of 2005 whereby the amendment obligated the membership of Parties Affairs Committee to increase from 7 to 9 members and to decrease the official employees working in the committee from 57 percent to 33 that means stressing trust in its independence.

 

The amendment stipulates that the committee shall issue its decision  thereof on establishing a party within 90 days and that the lapse of this period without issuing a decision means its approval on establishing a party.

The amendment also was keen on increasing the governmental financial support for the parties in addition to its right in obtaining a similar chance in using the state-owned media means.

 

The number of political parties has increased to 23 against five in 1981. They exercise their political activities in full freedom under complete political and legal guarantees.

Egypt knew the local government system since the time of the French occupation, 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 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, those 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 33 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 publicize 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), each comprising a number of markez (rural districts), urban districts and villages, in addition to the city of Luxor with its special status. Each is a juridical person.

Within the framework of the public State plan, local administrative units are mandated to establish and manage all the public utilities within their jurisdiction and approve land reclamation projects within the jurisdiction of the local unit.

 

Local councils are formed by direct election on gradated levels at administrative units providing that at least 50% of members have worker and peasant status. Councils' chiefs and deputies are chosen by election from among members.

Civil society organizations consist of non-governmental organization, trade unions, syndicates, sports unions, businessmen associations, religious societies and other non-governmental voluntary activities. The origins of civil society organizations in Egypt date back to the 19^th 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 had 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: *

Professional syndicates have remarkably grown in number as a result of adopting the political plurality. This has 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, to new and important political roles through emphasis on national political and foreign policy issues.

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. The non-governmental sector in Egypt comprises a comprehensive map of NGOs drawing on a long history of voluntary action and organized by a broad-based legal history. At present , this sector has become important especially in view of the change in political and economic philosophy of the State, rendering this sector a main tool of supporting the shaping of civil society.

 

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 21558 NGOs in Egypt.

 

Trade unions are the organizations that express the interests of the working class in Egypt.

Businessmen associations represent a new scope of activity of civil society organizations associated with the new economic policy adopted by the State in 1974 which is known as the “economic open-door policy”. The first of such organizations; i.e. “Egyptian-American Council,” established in 1975, with further organizations following suit.

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 a conditional to practicing profession.

Advocacy organizations mean the human rights organizations. Since early 1980, these organizations have remarkably increased.

With the progress of democratic transformation process in Egypt, there has been growing attention by the state to the rights of citizenship. The concept of citizenship draws in the first place on the principles of equality and equal opportunity among all citizens in addition to guaranteeing citizen's basic rights as a part of human rights. The State seeks to ensure citizen's civil, political rights, economic and social rights without any legal, political or cultural discrimination on account of gender, colour, religion, creed, political affiliations or social status.

 

In the first place, to revive the citizenship concept, it is required to re-shape the relationship between the State and citizen on the basis of trust and mutual respect, in addition to addressing the phenomena of citizen's reluctance to political participation given that the citizen is a full and effective partner in decision – making related to his life, society, present and future. This should be achieved in the context of comprehensive outlook for revival and reform plans for various fields where political, institutional and cultural reform should occupy the same priority as socio-economic reform. Experience has shown close correlation between economic reform on the one hand and political reform on the other(1). So, it is too difficult to proceed forward with reform efforts without either in place. Therefore, stimulating citizens' political and societal participation in development process is a pressing need.

 

Moreover, it is now impossible to depend completely on the State in providing and upgrading services for citizens due to steady overpopulation. On the other hand, in order to deepen the sense of affiliation to the homeland, it is required to modernize the administrative and political infrastructure that governs the relationship between citizen and State bodies to pursue legislative modernization and facilitate litigation procedures. It is also required to modernize education, healthcare, housing, transportation and communications services, to raise graduates employment rates and rehabilitate them to suit labour market demands and to increase women's participation in all walks of life.

 

This exercise should be conducted within a political and cultural climate elevating the value of participation and voluntary action, and culture of  democracy, decentralization and plurality. Such climate should allow tolerance, dialogue and acceptance of others' opinion and encourages the citizen to exercise his civil and political rights and participate in developing his community.

 

The State has made long strides on the road to bolstering democratization through encouraging the political participation of all forms and providing full judicial supervision over elections. Other steps included the creation of the National Council of Human Rights and abolition of State Security Courts and hard labour penalty. These all stem from a deep-rooted belief in democratic values and public freedoms. Through the political, institutional and cultural reform process, the State policy is based on achieving many goals, salient of which are to (2):

 

1- Modernize the structure of relationship between citizen and the State through policies aiming to achieve social stability for citizen. Chief of these are to settle the judicial disputes between the State and citizens, to update electoral roster registration systems, to streamline procedures of obtaining a national identification number by all citizens, in addition to removing all forms of discrimination against women.  Services provided to citizens such as licenses and other official documents are upgraded, local administrative system modernized, decentralization encouraged.

 

2- Provide instant justice for citizens that ensures rights of litigation and protects independence of the judiciary and consequently protects citizen's rights. Undoubtedly, several other actions are needed, on top of which are to modernize legislation and justice management in addition to activating law enforcement.

 

3- Modernize the cultural infrastructure through adopting a cultural–system, stimulating revival and encouraging the cultural elite to participate in the modernization process.

 

4- Activate the role of civil society institutions and political parties in the development process, given that it represents the most important mechanisms of democratic practice and the public participation being closer to the grass roots. These all contribute to deepening the democratic transformation process.

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