JOIN USAlmost two years after Egyptians overthrew dictator Hosni Mubarak, they have a new constitution. Endorsed by 64 per cent of those who voted in a referendum on its contents, the new constitution appears to enjoy good support. However, this is not so. The constitution lacks in popular legitimacy as the turnout in the referendum was poor. What is more the process of writing it was riddled with problems. The Constituent Assembly which crafted the constitution was dominated by Islamists, the opposition having walked out in protest. Besides, it was steamrolled through a highly questionable process. Far from a consensus document, the new constitution could trigger protests in the coming weeks and months. Egypt’s new constitution is undoubtedly an improvement over its predecessor. Although as in the 1971 constitution, the present one declares the Sharia to be the main source of legislation, it guarantees the freedom of belief for ‘divine/monotheist religions’ - a reference to Islam, Christianity and Judaism. The previous constitution was silent on the rights of any religions other than Islam. There are restrictions too on presidential powers, including one that reduces presidential terms to two four-year terms, unlike the 1971 Constitution that enabled Mubarak to remain in power indefinitely.
However, the constitution has several flaws. It enhances the authority of the military by making it mandatory for the defence minister to be from among the army’s top officers. It empowers the National Defence Council – a body dominated by the armed forces – to set the defence budget. It ignores the interests of minorities like Coptic Christians and provides space to the Muslim clergy for intervention in the law making process. The roots of the new Constitution’s flaws lies in the fact that instead of starting off its writing on a blank page as did post-revolution Tunisia, Egypt’s Constituent Assembly resorted to tinkering with the 1971 document.
Although it is an improvement over the previous document, the new constitution fails to meet the aspirations of millions who poured into the streets two years ago demanding radical change. However, there is no need for despair. There is scope for improving it through amendments. Morsi has admitted to making mistakes ‘here and there.’ He must take the next step of correcting those mistakes. His offer of dialogue with the opposition provides opportunity to take that process forward. Secular liberals should engage in talks with his government.