CONSTITUTION
OF EGYPT (Royal
Rescript No. 42 of April 30, 1923) We, Fouad
the first King of Egypt, Whereas,
since our succession to the throne and our undertaking to guard the trust given
us by the Almighty, all our efforts have constantly been directed toward
assuring the well being of our people and its guidance toward the way which we
know would lead to happiness and progress and thus to assure for it the
benefits enjoyed by all free and civilized people; Whereas,
this result cannot truly be attained, except through the possession of a
constitutional regime similar to all modern and perfected constitutional
regimes, which would result to the people in a happy life, prosperity arid
freedom, and would guarantee them effective participation in the administration
of public affairs together with the elaboration of laws and the control in
their execution, as well as guaranteeing peace and confidence in the present
and the future while at the same time safeguarding tile. national
spirit-qualities and distinctive traits which have been the historically
glorious heritage of our people; Whereas, it
was there that rested our highest ideal and the principal object of the efforts
we exert with a view to raising our people to a level commensurate with its
glorious past history, a level to which its intelligence and apititudes accord
it the right to aspire and with a view to enabling it to maintain with dignity
its rightful place amongst the peoples of the civilized worlds. We order: TITLE
I THE
NATURE AND FORM OF THE STATE Art. 1
Egypt is a sovereign State, free and independent. Its rights of sovereignty are
indivisible and inalienable. Its government is that of a hereditary monarchy;
it has a representative form. TITLE
II RIGHTS
AND DUTIES OF EGYPTIANS Art. 2 Egyptian
nationality is determined by law. Art. 3 All
Egyptians are equal before the law. They enjoy impartially civil and political
rights, and are equally subject to duties, and responsibilities, without ally
distinction of race, language, or religion. They alone
are eligible for public office, civil and military; foreigners are not eligible
for these offices save in exceptional cases determined by law. Art. 4 The
liberty of individuals is guaranteed. Art. 5 No
one may be arrested or detained except in conformity with the limitations of
the law. Art. 6 No
crime and no punishment can be constituted except in virtue of the law.
Punishment can only be inflicted for breaches of the law which are perpetrated
after the promulgation of the law which stipulates for them. Art. 7
Egyptians cannot be expelled from Egyptian territory. It is
forbidden to prevent them from remaining in any particular locality, or to
compel them to stay in any specified place, except in cases stipulated for by
law. Art. 8 The
home is inviolable. No search of a private house may take place except in cases
stipulated for by law and carried out in conformity with its regulations. Art. 9
Private property is inviolable. No one maybe deprived of his property except
for reason of public benefit, in cases and in the manner laid down by law, and
in consideration of just compensation. Art. 10
The punishment of a wholesale confiscation of possessions is forbidden. Art. 11
The secrecy of letters, telegrams, and telephone communications is inviolable,
except in cases provided for by law. Art. 12
Liberty of religious opinion is absolute. Art. 13
The State protects, in accordance with the practice established in Egypt, the
free exercise of the rites of all religions and creeds on condition they are
not prejudicial to public order or morality. Art. 14
Liberty of opinion is guaranteed. Within the limits of the law, everybody has
the right to express his ideas freely by word, writing, by picture, or
otherwise. Art. 15
The press is free within the limits laid down by the law. Preventive is
forbidden. Warnings, suspension, or suppression of newspapers by administrative
means are also forbidden except in case where it may be necessary to have
recourse to such means for the protection of social order. Art. 16 No
restriction may be imposed upon the free use of any language in private
communications, in commerce, in religious matter in the press, or in
publications of all kind as well as in public meetings. Art. 17
Instruction is free in every respect that is not contrary to public order or
morality. Art. 18
Public instruction is regulated by law. Art. 19
Elementary obligatory for young Egyptians of both Sexes. It is free in the
public schools. Art. 20
Egyptians have the right to hold meetings peaceably and unarmed. The police may
not be present at their meetings, and it not necessary to give notice of them
to the police. This arrangement does not apply to public meetings which are
subject to the stipulation a of the law, and cannot hinder or restrict any
measure to be taken for the protection of social order. Art. 21
Egyptians have the right to form societies. The law govern the exercise of this
right. Art. 22
Egyptians have the right to address the public authorities by means of signed
petitions. Constituted authorities and respectable persons alone have the right
to present petitions signed collectively. TITLE
III AUTHORITY Chapter
I general
provisions Art. 23
All authority comes from the nation. It is exercised in the manner established
by the present Constitution. Art. 24
The legislative power is exercised by the King, concurrently with the Senate
and the Chamber of Deputies. Art. 25 No
law will be promulgated if it has not been voted by Parliament and sanctioned
by the King. Art. 26
The laws are operative throughout Egypt in virtue of their promulgation which
is effected by the King, and which follows their publication in the Official
Journal. They will be
carried out in each part of Egypt from the moment when their promulgation can
become known. The
promulgation shall be considered to be known throughout Egypt thirty days after
the publication. This period
may be shortened or prolonged by formal provision of the law. Art. 27
The law applies only to the future. It has no retrospective effect, except in
cases provided for by special provision. Art. 28
The initiative in the laws belongs to the King, to the Senate and to the
Chamber of Deputies. However, the creation of a new tax or the increase of an
existing tax cannot take place except on the initiative of the King and of the
Chamber of Deputies. Art. 29
The executive power resides in the King, under the conditions established by
the present Constitution. Art. 30
The judicial power is exercised by the courts of various jurisdictions and
degrees of power. Art. 31
The decision and judgments of the various courts are delivered and carried wit
in conformity with the law, and in the Rings name. Chapter
ii the
king and his ministers Section
1 The
King Art. 32 The
Throne of the Kingdom of Egypt is hereditary, in the dynasty of Mohamed Aly. The
succession to the Throne will take place in accordance with the order
established by the Rescript of the 15th day of Chaaban, 1340 (April 13, 1922). Art. 33
The King is the supreme head of the State. His person is inviolable. Art. 34
The King sanctions and Promulgates the laws. Art. 35 If
the King does not judge it expedient to sanction any bill passed by Parliament,
lie will refer it back within a month fur re-examination. Failure to
send it back within this period of time shall mean approval, and the law shall
be promulgated and come into force. Art. 36 If
the bill is referred back for re-examination within the above-stated period of
time and is passed a second time by a majority of two thirds of the members
composing each of the two chambers, it will have the force of law and will be
promulgated. Failing this
majority, the discussion of it will not be taken up again during the same
session. If at a
later session Parliament passes the same bill by an absolute majority of votes,
the bill will become law and will be promulgated. Art. 37
The King makes, the necessary regulations for the carrying out of the laws, in
a manner which does not modify or suspend the laws themselves, nor exempt them
from execution. Art. 38
The King has the right to dissolve the Chamber of Deputies. Art. 39
The King can adjourn the sitting of Parliament. In no case can the adjournment
exceed a month, nor be renewed during the same session without the consent of
the two chambers. Art. 40 In
case of necessity, the King can convoke an extraordinary session of Parliament.
This convocation will also take place when it is asked for by petition signed
by a majority of the members composing either one or other of the chambers. The
King pronounces the closure of an extraordinary session. Art. 41 If
in the interval of the sessions of Parliament it is necessary to take urgent,
measures which cannot wait, the King delivers decrees which have the force of
law, provided that they are not contrary to the Constitution. Parliament should
be convoked immediately, in extraordinary session, and these decrees submitted
to it at its first meeting. If these decrees are no submitted to Parliament, or
if they are rejected by either of the two chambers, they will cease to have the
force of law. Art.42. The
King opens the ordinary session of Parliament by a speech from the Throne,
addressed to the two chambers meeting together in session, setting forth the
situation of the country. Each of the two chambers will present, all address in
reply to the speech. Art. 43
The King creates and confers civil and military ranks, decorations, and all
other distinctions. He has the right to coin money, in execution of the law. He
has the right of pardon and of commutation of punishment. Art. 44
The King organizes the public services; he nominates and dismisses officials
within the conditions determined by the law. Art. 45
The King declares martial law. The, declaration of a rιgime of martial law must
be immediately submitted to Parliament, which we decide if there is cause to
confirm or abolish it. In the event o declaration of martial law having been
made when Parliament was no sitting, Parliament must be convoked at once. Art. 46
The King is the supreme commander of the land and
. forces. He nominates and
dismisses the officers. He declares
. makes peace, and concludes treaties
which he communicates to Parliament when the interest and safety of the State
permit it, accompanied
. suitable explanations. In any case,
a war of offence may not be declared without the consent of Parliament.
Treaties of peace, of alliance, of commerce, of navigation, as well as those
which involve either a modification of the territory of the State, or a
diminution of its sovereign rights, or an expenditure of State funds, or which
are prejudicial to the public or private rights of Egyptian citizens, will not
be valid except after having received the consent of Parliament. In no case
can the secret articles, of a treaty be destructive of the published ones. Art. 47
The King cannot be simultaneously the head of another state without the consent
of Parliament. Neither of
the two chambers can deliberate on this question unless at least two-thirds of
the members are present, and no resolution can be adopted except by a majority
of two-thirds of the members who are present. Art. 48
The King exercises his powers through the intermediary of his ministers. Art. 49
The King appoints and dismisses his ministers. He appoints and recalls
diplomatic representatives on the proposal of the Minister of Foreign Affairs. Art. 50
Before assuming his constitutional powers, the King delivers the following
oath, in the presence of both chambers. I swear, by Almighty God, to observe
the Constitution and laws of the Egyptian people, to maintain the countrys
independence and the integrity of its, territories. Art. 51
The Regents cannot assume office except after having delivered, before both
chambers, the oath described in Article 50, with the words added, and to be
faithful to the King. Art. 52 At
the Kings death, the chambers meet without being convoked, within the ten days
following the announcement of the decease. If the
Chamber of Deputies has been dissolved, and in the act of dissolution,
convocation has been arranged for, for a date later than the expiry of the ten
days, the original chamber takes up its office again, till tile meeting of that
which is to replace it. Art. 53 In
the absence of all heir to the Throne, the King may name his successor, with
the consent of the two chambers, assembled in congress. To render their
deliberations valid, the presence of three-quarters of tile members of each
chamber, and a majority of two-thirds of the votes is necessary. Art. 54 In
case of a vacancy for the Throne, owing to the absence of anyone with a right
to it, or of a successor nominated in conformity with Article 53, the two
chambers will meet in congress immediately, with the full right of electing a
King. This election must take place within eight days of their meeting. For the
validity of this election, the presence of three-quarters of the members of
both chambers and a majority of two-thirds of the votes are necessary. In case the
election has not been e effected in the period mentioned above, the united
chambers will proceed to the election on the ninth day, no matter what is the
number of members present or the relative majority of votes cast. If the
Chamber of Deputies is dissolved at the moment when the Throne becomes vacant,
it will take up its functions again till the chamber which is to replace it
meets. Art. 55
From the date of the Kings decease till the delivery of the oath of his
successor to the Throne or of the Regents, the constitutional powers of the
King are exercised in the name of the Egyptian people, by the council of
ministers and under its responsibility. Art. 56 At
each accession to the Throne, a law fixes for the duration of the reign tile
civil list of the King, is also that of the royal family. The law also fixes
the allocations to the Regents, which will be deducted from the civil list of
the King. Section
2 The
Ministers Art. 57
The council of ministers is at the head of the state services. Art. 58 No
one can be minister who is not an Egyptian. Art. 59 No
member of the reigning dynasty can be a minister. Art. 60
The acts of the King in relation to the affairs of the State have effect only
if they are countersigned by the president of the council of ministers awl the
competent ministers. Art. 61
The ministers are conjointly responsible before the Chamber of Deputies for the
general policy of the government and individually for the acts of their
respective departments. Art. 62 In
no case can a verbal or written order of the King exempt a minister from his
responsibility. Art. 63
The ministers have free access to the chambers and must be heard every time
they request it. But they can only vote in either chamber if they are members
of it. They can be assisted or represented there by the high officials of their
departments. Each of the chambers can demand the present of the ministers it
their sittings. Art. 64 No
minister can acquire or rent any property belonging to the State even by
public, auction. Further, they cannot during the exercise of their functions,
be directors of any company or take an active part in any commercial or financial enterprise. Art. 65
When the Chamber of Deputies declares that it has no confidence in the cabinet,
the ministry must resign. If the vote refers only to one minister, the minister
concerned must resign. Art. 66
The Chamber of Deputies alone has the right to impeach the, ministers for any
infractions committed by them in the exercise of their functions. The
impeachment can be made only by a majority of two-thirds of tile votes. The
Special Court of Justice alone has the right to judge the ministers for any
such infractions. The chamber will nominate some of its members to present the
accusation before the court in question. Art. 67
The Special Court of Justice is formed, under the president of the highest
native court, of sixteen members of which eight are senator. chosen by the
drawing of lots, and eight Egyptian magistrates of that court in order of
length of service. In case of an insufficient number of magistrates, this
number will be completed by the presidency of the president of the highest
native court, of sixteen members, of which eight are senators chosen by the
drawing of lots, and eight Egyptian magistrates of that court in order of
length of service. In case of an insufficient number of magistrates, this
number will be completed by the presidents of the courts or tribunals below,
or, failing this, by magistrates of these courts or tribunals, always ill order
of length of service. Art. 68
The Special Court of Justice will apply the penal code for the infractions in
question. A special law will establish cases of responsibility not covered by
the code. Art. 69
The sentences of the Special Court of Justice ire rendered by a majority of
twelve votes. Art. 70
Pending the promulgation of a special law, the Special Court of Justice will
itself lay down the procedure to be followed for the trial of the ministers. Art. 71
The minister impeached by the Chamber of Deputies is suspended from his
functions until such time as the Special Court of Justice has decided his case.
The resignation of the minister shall not prevent the institution or the
continuation of the proceedings. Art. 72
The minister condemned by the Special Court of Justice can be pardoned only
with the consent of the Chamber of Deputies. Chapter
III parliament Art. 73
Parliament is composed of two chambers, the Senate and the Chamber of Deputies. Section
I The
Senate Art. 74
The Senate is composed of senators, two-fifths of whom are nominated by the
King and three-fifths by universal suffrage, in conformity with the electoral
law. Art. 75
Each moudirieh, or governorate of 180,000 inhabitants or more elects one
senator for each 180,000 inhabitants, or fraction of 180,000 not less than
00,000. A mudirieh or governorate of less than 180,000 inhabitants, but not
less than 90,000, elects a senator. A governorate of less than 90,000
inhabitants elects a senator provided that the electoral law does not attach it
to another governorate or a mudirieh. Art. 76 A
mudirieh or governorate or part of a mudirieh or governorate which elects a
senator constitutes an electoral constituency (district). A law will
determine the electoral districts, assuring as far as possible equality among
the mudiriehs and governorates having the right to elect more than one senator.
The law will, in any case, consider the chief center of a mudirieh comprising
less than 180,000 inhabitants but not less than 90,000 as forming a distinct
electoral district. In this case, the other parts of the mudirieh will be
considered as a distinct mudirieh both as regards the determination of the
number of senators to be elected and the determination of the electoral
districts. Art. 77 Besides
the conditions stipulated by the elector must not be less than forty years of
age according to the reckoning of the Gregorian calendar. Art. 78 To
be elected or appointed senator, one must; belong to one of the following
categories. (1)
Ministers; diplomatic representatives; presidents of the Chamber of Deputies;
under secretaries of state; presidents and judges of the court of appeal or of
jurisdictions or superior legal standing; procureurs general; batonniers of the
order of advocates; government officials of the lank of director general or
above, still in the service or retired. (2) High
representatives of the ulemas and the clergy; retired army officers of the rank
of lewa or of higher rank; deputies who have been members of the chamber during
two of its legislative periods; property owners paying taxes of no less than
£E. 150 yearly; persons having an annual revenue of at least £E. 1500 and
engaged in financial, commercial, or industrial enterprise, or following a
professional career all the foregoing, under reserve of the incompatibility of
functions stipulated by the Constitution or by the electoral law. For the
Mudirieh of Aswan, the minimum amount of the tax and of the annual revenue will
be fixed by the electoral law. Art. 79
The duration of the commission of a senator is ten years. Half of the
senators elected or nominated are returned every five years. Retiring senators
are eligible for re-election or re-nomination. Art. 80
The president is nominated by the King. The Senate
elects two vice-presidents from among its own members. The
president and vice-president are appointed for two years and are re-eligible. Art. 81 In
the case of the dissolution of the Chamber of Deputies the session of the
Senate will be suspended. Section
2 The
Chamber of Deputies Art. 82
The Chamber of Deputies is composed of elected members on the basis of
universal suffrage, conformable to the dispositions of the electoral law. Art. 83
Each mudirieh or governorate comprising 60,000 inhabitants or more, elects one
deputy per 60,000 inhabitants or fraction of 60,000 inhabitants not less than
30,000. A mudirieh or governorate of less than 60,000 inhabitants but not less
than 30,000 elects a deputy. A governorate of less than 30,000 inhabitants
elects one deputy, provided that the electoral law does not attach it to
another governorate or a mudirieh. Art. 84 A
mudirieh or governorate or part of a mudirieh or governorate which elects a
deputy constitutes an electoral district. A law will
determine the electoral districts assuring as far as possible equality among
the mudiriehs and governorates having the right to elect more than one deputy.
However, the law shall be able to consider the chief center of a mudirieh. of
less than 60,000 inhabitants, but not less than 30,000 as forming a distinct
electoral district. In this case, the other parts of the mudirieh shall be
considered as a separate mudirieh, both as concerns the determination of the
number of deputies to be elected and the determination of the electoral districts. Art. 85 A
deputy must, apart from the
conditions stipulated by the electoral law, be not less, than thirty years of
age as reckoned by the Gregorian calendar. Art. 86
The duration of the mandate of a deputy is five years. Art. 87 At
the commencement of each ordinary session, the chamber elects from among its
members a president and two vice-presidents. The president and vice-presidents
of the chamber are re-eligible. Art. 88 If
the Chamber of Deputies is dissolved owing to a vote on a question, the new
chamber cannot be dissolved for the same question. Art. 89
The act of dissolution of the Climber of Deputies must provide for the new
elections to be held within a period of two months, for the reassembling of the
chamber within ten days after the holding of the elections. Section
3 Provisions
Applying to Both Chambers Art. 90
Parliament has its seat in Cairo. However, should it be necessary, its seat may
be fixed elsewhere by a law. Every meeting held other than in the place set
apart for Parliament is illegal and devoid of authority. Art. 91 A
member of Parliament represents the whole nation. No imperative charge can be
given him by the electors or by the power which appoints him. Art. 92 No
one can be both a senator and a deputy at the same time. All other cases of
incompatibility will be determined by the electoral law. Art. 93
Princes and nabils of the royal dynasty may be appointed senators; but they are
not eligible for either one or the other chamber. Art. 94
Before being admitted to the exercise of their office, senators and deputies
shall swear, in the council hall and in public session, an oath of loyalty to
the country and the Throne, and swear to obey the Constitution and the laws of
the country, and to carry out their official duties conscientiously. Art. 95
Each of the two chambers is alone competent, to judge of, the validity of the
mandate of its own members. No mandate can be invalidated except by a majority
of two-thirds of the votes. A law can
confer the exercise of the power of rendering a mandate valid on another
authority. Art. 96
Parliament is convoked each year by the King, in ordinary session, before the
third Saturday in November. Failing this convocation, it meets with full
authority at this latter date. All ordinary
session will last at least six months. The King
pronounces the closure of the session. Art. 97
The sessions are common to the two chambers, or of one of them outside, the
legal time, are illegal, and the resolutions adopted are devoid of authority. Art. 98
The sittings of the chambers are public. In any case, however, each chamber can
form itself into a secret committee the demand of the government or of ten
members. It then decides the discussion ought to be taken up or not again, in open
session, on the same subject. Art. 99
Neither of the two chambers can pass unless a majority of its members are
present at the sitting. Art. 100
Except in the cases where a special majority is necessary, resolutions are
passed by all absolute. majority of votes. If the number of votes is equal on
both sides, the resolution its rejected Art. 101
Votes are given by audible word of mouth or by standing or sitting. On the
whole of the and in the Chamber of Deputies on the question of confidence,
votes are always taken by call of the
house, and in audible voice. Ministers always have the right, in the Chamber of
Deputies, to demand an adjournment for eight days of the discussion of every
vote of non-confidence proposed against them. Art. 102
Every bill, before being discussed, must be. referred to a commission of the
chamber, for examination and report oil it. Art. 103
Every bill presented by one or several numbers must be referred to a commission
specially charged to examine it and decide whether there is good cause for the
chamber to consider it. In case the chamber undertakes to consider it, this
will be carried out in the manner described in Article 102. Art. 104 A
bill cannot be adopted by either chamber, except after having been voted oil
article by article. The chambers have the right to amend or to divide the
articles, and the amendments proposed. Art. 105
Every hill voted by one of the two chambers will be transmitted by its
president to the president of the other chamber. Art. 106
No bill, initiated in Parliament, and rejected by Parliament, call be presented
again during the same session. Art. 107
Every member of Parliament has the
right to address questions or interpellations to ministers, under conditions
which shall be determined by the internal rules and regulations of each
chamber. In any case, the discussion of interpolations cannot take place before
at least eight days after their presentation, except in case of urgency and of
the consent of the minister questioned. Art. 108 Each
chamber has the right of enquiry to
enlighten itself on questions decided coming within its competence. Art. 109
Members of Parliament may not be disturbed owing to opinions expressed or votes
given by them in the chambers. Art. 110
No member of either chamber may be sued or arrested during the duration of the
session, in matters of repression, except with the authorization of the chamber
to which lie belongs, save in cases of flagrante
delicto. Art. 111
Members, of Parliament, other than those who exercise public offices compatible
with their parliamentary mandate, cannot, during the period of their mandate,
accept any rank or decoration, except military ones. Art. 112
No member of Parliament can be deprived of his mandate, except in virtue of a
resolution passed by the chamber to which he belongs. Except for the cases of
incompatibility and of forfeiture allowed for by the present Constitution or by
the election law, a decision in the matter cannot be taken except by a majority
of three-quarters of the members composing the chamber. Art. 113
In case a seat becomes vacant in either chamber, by death, resignation, or
otherwise, the vacancy shall be filled within two months by means of election
or nomination as may be necessary. The period of two months will run from the
date of the advice of the vacancy given to the government by the chamber. The
mandate of the new member will only last until the expiry of that of the member
whom he replaces. Art. 114
The general elections for the Chamber of Deputies will take place within the
period of sixty days which precede the expiry of its mandate. If the
elections have not taken place within the said period, the mandate, of the old
chamber is prorogued until the said elections. Art. 115
The renewal or replacing of the Senate by half its numbers, either by means of
elections, or by nomination, must take place within the sixty days which
precede the expiry of the mandate of the retiring senators. If the
renewal has not taken place within the said period, the mandate of the retiring
senators is prorogued until the election or nomination of the new senators. Art. 116
It is forbidden to address petitions in person to the chambers. Each chamber
has the right to refer to the ministers the petitions which are addressed to
it. The ministers should furnish explanations to the chamber regarding the
petitions when the latter asks for them. Art. 117
Each of the two chambers alone has the right to maintain order in its own body
by the intermediary of its president. No armed
force may penetrate into either chamber, or be posted near the doors, except by
the presidents orders. Art. 118
The members of Parliament receive all annual compensation which will be fixed
by a law. Art. 119
Each chamber determines its own procedure, and the manner in which it exercises
its functions. Section
4 Meetings
in Congress Art. 120
Besides their meetings with full authority (separately), both chambers will
meet together in congress on being convoked by the King. Art. 121
Each time the two chambers meet in congress, the presidency belongs to the
president of the Senate. Art. 122
Congress can legally pass resolutions only when an absolute majority of members
of each of the two chambers composing congress is present at the sitting. In
voting on these resolutions, congress will conform to the regulations of
Articles 100 and 101. Art. 123
The meeting of the two chambers in congress, during the ordinary or
extraordinary sessions of Parliament, is no obstacle to the continuation of their
constitutional functions by each of the two chambers. Chapter
iv judicial
powers Art. 124
The judges are independent; in the administration of justice, they submit to no
other authority than that of the law. No authority of the government may interfere
in the function of the law. Art. 125
The law organizes the various jurisdictions and determines their powers. Art. 126
The judges are appointed in the manner and according to the conditions
determined by the law. Art. 127
The law fixes the limits and the conditions of the irremovability of the
judges. Art. 128
The appointment and dismissal of officials of the parquet before the law courts
takes place according to conditions determined by the law. Art. 129
The sittings of the law courts are public, unless the court orders the holding
of a sitting in camera in the interests of public order and morality. Art. 130
Every man accused of a crime must have counsel to defend him. Art. 131 A
special law regulates the organization and powers of the military courts as
well as the qualifications of those who dispense justice in them. Chapter
V provincial
and municipal councils Art. 132
Tile provinces, towns, and villages are legally considered as individuals who
have public rights, under the conditions laid down by the law for the exercise
of these rights. They are
represented by provincial councils, and also by the different municipal
councils. Their
limitations are fixed by law. Art. 133
The organization and the powers o the provincial councils, and the different
municipal councils as well as their relations with the different powers of the
State are determined by law. This law should observe the following principles. (1) The
selection of members of these
councils by election, except in the case of
those who the law states shall be Appointed by nomination. (2) The
powers of these councils in all that concerns municipal or provincial matters,
without prejudice to the approval of their acts will be determined by law. (3) The
publication of budgets and accounts. (4) The
publication of the accounts of sittings, within the limits established by law. (5) The
intervention of the legislative power
or the executive power to prevent these councils from exceeding their powers to
the prejudice of the public interest, and to annul any of this nature done by
these councils. TITLE
IV FINANCE Art. 134
No tax can be imposed, modified, or abolished except by law. No other
contribution, tax or claim can be exacted from the inhabitants except within
the limits of the law. Art. 135
No one shall be exempted from the payment of taxes except in specific cases
provided for by law. Art. 136
No pension or indemnity, no grant or gratuity, can be paid by the treasury,
except as sanctioned by law. Art. 137
No public loan, or any engagement burdening the treasury can be contracted
without the consent of Parliament. No
concession which has for its object the exploiting of the national riches of
the country, or a service of public utility, and no monopoly can be granted except
in virtue of the law and for a limited period. The previous
approval of Parliament is necessary for the establishment or abolition of all
railway lines, public roads, canals, drains, or other works of irrigation which
concern more than one province, as well as for all free alienation of state
domain. Art. 138
The general budget of state receipts and expenditures must be submitted to
Parliament for examination and approval at least three months before the
beginning of the financial year. The financial
year is fixed by law. The budget
is voted oil, title by title. Art. 139
The budget is first discussed and voted on in the Chamber of Deputies. Art. 140
The session of Parliament cannot he closed before the vote on the budget has
been taken. Art. 141
The titles in the budget relating to tile service of the public debt may not be
the subject of any modification of a nature to prejudice the engagements
entered into by Egypt in this respect. The same thing applies to all
expenditure charged to the budget in execution of any international engagement. Art. 142
If the budget law has not been promulgated before. the beginning of the
financial year, the budget of the preceding year will be acted on until the
promulgation of the new one. In ally case
if the titles of the budget have already been passed by the chambers, they can
be put into operation provisionally. Art. 143
All expenditure not allowed for in the budget or ill excess of the amount
budgeted for, as well as all transfers of funds from one head of the budget to
another, must be approved by Parliament. Art. 144
The final accounts of the administration of the finances for the period
expired, will be presented to Parliament to be passed at the beginning of each
ordinary session. Art. 145
The preceding arrangements regarding the budget and the final government
accounts are applicable to the general budget of receipts and expenditure of
the ministry of Wakfs and to its annual final accounts. TITLE
V THE
ARMED FORCES Art. 146
The size of the army is fixed by law. Art. 147
The method of recruiting for the army, its organization, as well its the rights
and duties of soldiers, are determined by law. Art. 148
The organization and functions of the various police forces are determined by
law. TITLE
VI GENERAL
ARRANGEMENTS Art. 149
The religion of the State is Islam Arabic is the official language. Art. 150
Cairo is the capital of the Kingdom of Egypt. Art. 151
The extradition of political refugees is forbidden, without prejudice to
international agreements aiming at the protection of social order. Art. 152
An amnesty cannot be granted except by law. Art. 153
The law regulates file manner ill which the King exercises his powers, in
conformity with the principles of the Constitution, in so far as concerns religious foundations, the appointment of heads of
religious bodies, the Wakf property entrusted to the management of the ministry
of Wakfs, and in general all matters concerning the faiths admitted in the
country. In the absence of any provision,
these powers will continue to he exercised in accordance with the rules and
usages at present ill force. The
prerogatives with which the King is personally invested in his quality of head
of the royal family continue to be governed by Law No. of 1922 regulating the
status of the royal family. Art. 154
The application of the present Constitution cannot have its effect any
prejudice to the obligations of Egypt to foreign states, nor the rights which
foreigners may have acquired in Egypt by law, treaty, or recognized custom. Art. 155
Nothing laid down by the present Constitution can, any pretext whatever, be
suspended, except temporarily, in time of war martial law, and in the manner
fixed by law. In no case can the meeting of Parliament, under the conditions
laid down by the present Constitution, be impeded. Art. 156
The King, as also the two chambers, may propose the revision of the present
Constitution, either by the modification or abolition of one or of several of
its stipulations, or by the addition of new ones. In any case,
however, the stipulations relative to the representative parliamentary form, to
the order of succession to the Throne, and to the principles of liberty and
equality guaranteed by the present Constitution may not be made the subject of
a proposal for revision. Art. 157
To revise the Constitution, each of the chambers, by a resolution passed by an
absolute majority of all the members, declares the necessity for the revision
and specifies its object. Once this
resolution has been sanctioned by the King, the two chambers, in with him, pass
enactments on the points to be revised. Each of the two chambers can only pass
resolutions if two-thirds of the members are present, and if the resolutions
are passed by a majority two-third of the votes. Art. 158
No revision of the Constitution on the subject of the rights of the Crown may
take place during a regency. Art. 159
The present Constitution applies to the Kingdom of Egypt. This stipulation does
not prejudice Egypts rights in the Sudan. TITLE
VII FINAL
AND TRANSIENT CLAUSES Art. 160
The title which the King of Egypt will bear will be decided after the
authorized delegations have fixed the definite status of the Sudan. Art. 161
The civil list of His Majesty the King is fixed at £E. 150,000; that of the
royal family at £E. 111,512. These
allocations will remain unaltered during his reign, but they may be increased
by decision of Parliament. Art. 162
The choice of the senators retiring at the end of the first five years will be
made by drawing lots. The mandate
of those senators and deputies chosen for the first legislature will expire on
October 31, 1928. Art. 163
The present Constitution will come into operation from the moment, of the
meeting of Parliament. Art. 164 With
regard to administration of the affairs of State and the legislation relative
to it from the date of the publication of this Constitution to the time when
Parliament meets, the principles and measures which are now being followed will
remain in force. It is, however, necessary to see that none of the fundamental
principles embodied in this Constitution are violated. Art. 165
The budget for the financial year 1923-1924 will be submitted to Parliament at
its first session. The budget law for the said year will only have effect as
far as concerns the remainder of the year from the date of its publication. The final
accounts of the financial administration for the year 1922-1923, which has been
approved by the council of ministers, will be just as efficacious as if it had
been approved by Parliament. Art. 166
Until otherwise arranged by law, in case of a disagreement existing between the
two chambers on the approval of a title of the budget, such disagreement will
be solved by a meeting of the two chambers united in congress, and the matter
settled by a majority vote. Art. 167
The stipulations of laws, decrees, orders, regulations, resolutions, decisions,
and all other acts or measures imposed in the past, and will remain in force,
on rules and forms adopted up to the present time condition that their
execution is in harmony with the principles of liberty and equality guaranteed
by the present Constitution, all without prejudice to the right of the
legislative power to abrogate or modify them, within the limits of its power,
but without prejudice to the principle of the non-retroactive effect of the
laws sanctioned in Article 27. Art. 168
The stipulations of Law No, 28 of 1922 governing the liquidation of the estates
of the ex-Khedive, Abbas Hilmi Pasha and restricting his rights are considered
as having a constitutional character; they cannot be made the subject of a
proposal for revision. Art. 169
The laws which should be presented to the legislative assembly, under the terms
of Article 2 of the Decree of 28 Zil Kadeh 1332 (October 18, 1914) will be
tabled in the course of Parliaments first session, in both chambers. In
default of this they will cease to be in force for the future. Art. 170
Our ministers are charged, each in so far as concerns him with the carrying out
of the present Constitution. Signed at
Abdine Palace, Ramadan 3, 1341 (April 19, 1923). Fouad. FONTE: A.J. Peaslee, Constitutions
of Nations. Vol. I: Africa, Martin Nijhoff, 1965. |
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