Following the verdict of Egypt\'s Supreme Administrative Court on Saturday evening to refer the law of Shura Council elections to the Supreme Constitutional Court to adjudicate its constitutionality, the Shura Council is likely to sufferthe same fate as that which ended in dissolution and nullity of one third of the Parliament\'s membership, leading to the annulment of all its members. The court found that certain texts on how to configure the Shura Council, had not been adhered to, including the principles of equality and equal opportunities. The Court explained that these texts gave priority towards and preference for the parties and their candidates because it had made the election of members according to two-thirds by party lists and one third by the individual system, although the constitutional legitimacy requires a commitment to the principle of equal division. The court added that these texts did not limit the individual election to independents, but provided the opportunity for those belonging to parties to participate in one third of those seats allocated to the independents, in a breach of the principle of equal opportunities. The court said that it was the only opportunity for independents , but it was discriminatory because of party affiliation, which was not mentioned by law and breached the principle of equal opportunity, especially as party candidates were backed by their parties both in terms of financial and human resources, not afforded to the independent candidates who were unable to exercise their political right to stand on an equal footing in competing with candidates from political parties. The same circuit, which took over the verdict of the parliament, referred the law to the Constitutional Court, after referring to the law of parliamentary elections on February 20. The constitutional scholar Tharwat Badawi told Arabstoday that the defects in the parliamentary elections\' law had led to its unconstitutionality and voiding the membership of its members, are the same defects of the Shura Council law and unconstitutionality became an irreversible situation. Badawi believes that the dissolution of the Shura Council is just a matter of time, as the Supreme Constitutional Court will prepare the case for 45 days and will forward it to the commissioners, and the dissolution decision will take place in two or three months. The Supreme Constitutional Court has decided to dissolve the parliament on June 14. Attempts are now being made by President-elect Mohammed Morsi, and the Military Council, to amend the verdict and to restore the parliament except the one-third of independent seats which will be re-elected.
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All rights reserved to Arab Today Media Group 2021 ©
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