Egyptian Constituent Assembly of 2012

Egypt's first Constituent Assembly, elected by the Islamist-led parliament, was criticized by many observers due to the preponderance of Islamist members (66 out of 100) it contained: 38 out of the 50 parliamentary members of the constituent assembly were members of the Muslim Brotherhood's Freedom and Justice Party (part of the Democratic Alliance) and of the salafi Al Nour Party (part of the Islamist Bloc). There were only 6 women and only 5 Copts (part of Egypt's Christian minority) out of 100 Members in the constituent assembly.

Out of its 100 elected members, only 75 attend the assembly. Many of the liberal, leftist and social democratic parties like the Free Egyptians Party, the Socialist Popular Alliance, the Dignity Party, the Social Democrats, the Tagammo Party and the Freedom Egypt Party boycotted the election to determine the makeup of the Constituent Assembly because they saw it as an Islamist's attempt to strengthen their power. After the election in 2012, most of them also withdrew from the constituent assembly itself. The liberal New Wafd Party also participated in the boycott.

The first Constituent Assembly was then dissolved when a court rendered it unconstitutional in April 2012. The Supreme Administrative Court had dissolved it in April for including members of parliament in its membership. The court said that according to the March 2011 Constitutional Decree, MPs were responsible for electing the Constituent Assembly, but could not elect themselves.[10] On 10 April, Cairo's administrative court suspended the assembly, judging that the assembly was "unrepresentative" for involving too few women, young people and minority representatives. Liberals and secularists had filed a suit out of fear the constitutional panel could implement a strong role for Islamic religious law in the new constitution.[11]

An agreement to form a more balanced assembly was reached on 7 June 2012. 39 seats would be filled by Members of Parliament, six by judges, nine by law experts, one each by a member of the armed forces, the police and the justice ministry, 13 seats by unions, and 21 by public figures. Five seats would be filled by the Al-Azhar University, one of Sunni Islam's most important institutions, and four by the Coptic Orthodox Church.[12] A satisfactory deal was thus reached between Islamist and non-Islamist parties over the membership ratio, but the non-Islamist figures accused their Islamist counterparts of breaking the deal and attempting to secure a voting majority of Islamists once again in the assembly.[10]

MPs then elected a second Assembly, but this one also included parliamentarians, which is why the Assembly faces another court case. The Constituent Assembly however has been given a second chance after the Supreme Administrative Court postponed on 26 June 2012 a decision on dissolving it to 4 September. It can conceivably now finish drafting the constitution before that date rendering a dissolution ruling moot.[13]

However, as per the supplementary constitutional decree released in June 2012 by the ruling Supreme Council of the Armed Forces,[14] the Constituent Assembly still faces difficulty. The decree gives several parties, including the head of SCAF, the right to veto any clause the assembly drafts if it conflicts with the "goals of the revolution" or constitutional principles from Egypt's previous constitutions. If the assembly overturns the veto, the issue is referred to the Supreme Constitutional Court for deliberation. If the assembly does not finish drafting the constitution in time for the court date and is dissolved, then according to article 60 B of the decree, SCAF gets to appoint another assembly.[13]

According to the Carnegie Endowment for International Peace, a lawsuit has been filed against the second assembly on the grounds that members of the parliament voted some of their own members into the body. Nathan J. Brown of the Carnegie Endowment for International Peace noted: "Although that might sound normal and innocuous, the first assembly was disbanded on the basis of a similar argument."[15]

A ruling on the dissolution of the Constituent Assembly by the Administrative Court in Cairo was postponed until 9 October 2012 to allow the judges to look into documents regarding the case.[16] The hearing was adjourned until 16 October.[17] The Cairo Administrative Court would give its verdict on the legality of the Constituent Assembly on 23 October.[18] The Supreme Administrative Court referred the lawsuit to the High Constitutional Court. This might give the Constituent Assembly enough time to finish drafting the constitution.[19] Mohamed Morsi's constitutional declaration issued in November 2012 bars the Constituent Assembly from being dissolved by the judiciary.[20]