Skip to main content

Is Egypt’s Shura Council Constitutional?

Egypt’s Supreme Constitutional Court will soon make a decision on the country’s only functioning legislative body.
Supporters of Egyptian President Mohamed Mursi shout slogans and wave an Egyptian national flag in front of the Supreme Constitutional Court in Maadi, south of Cairo December 2, 2012. Egypt's Supreme Constitutional Court postponed its work indefinitely on Sunday after a protest by Islamists sympathetic to President Mohamed Mursi outside its headquarters. REUTERS/Amr Abdallah Dalsh  (EGYPT - Tags: POLITICS CIVIL UNREST CRIME LAW) - RTR3B4MT

Almost a year ago, the Supreme Constitutional Court (SCC) dissolved Egypt’s first democratically elected parliament in decades. The court issued its controversial decision after rushed hearings two days before the presidential election runoffs between the Muslim Brotherhood’s Mohammed Morsi, the eventual winner, and Ahmed Shafik, prime minister of deposed president Hosni Mubarak. The court is now set to determine the constitutionality of the Shura Council, the upper house of the legislature, on June 2. The 270-member council of 90 presidential appointees and 180 elected members is historically a powerless body with only a consultative mandate. Today, however, it is operating as Egypt’s only legislative body.

The case challenging the legality of the Shura Council was filed on June 25, 2012, following the June 14 dissolution of the People's Assembly, the lower house of parliament. The SCC ruled against the parliament after deciding that the election law violated the principle of equality by discriminating against independent candidates. The court found that the law allowed parties to compete for one-third of the seats reserved for independents.

Access the Middle East news and analysis you can trust

Join our community of Middle East readers to experience all of Al-Monitor, including 24/7 news, analyses, memos, reports and newsletters.

Subscribe

Only $100 per year.