Hossam Badrawi Official Website
Dr. Badrawi writes on the cafe of the dreamers of tomorrow
The rebellious young man always said: What do you think, Doctor, of talking about the need to amend the constitution? Is it that we change the constitution according to the ruling authority, or should the rules of governance be changed to conform to the constitution?
Another said: If the constitution changes, it means that in one decade we had 4 different constitutions, the 71st constitution amended in 1980 to suit the ruler and extend his term of office, the constitution of the Military Council that ruled the country for two years, the constitution of the Muslim Brotherhood in 2012, and then the constitution after 2014.
A third said: No, and all the constitutions with their philosophical differences were put to a referendum by the people, and the majority agreed on all of them, despite their conflicting content.. Seriously, we do not understand a need, Doctor. I mean, whoever rules changes the constitution according to his measure, and every time the people agree with a large majority. This is a statement that no sane person would believe.
A fourth spoke with emotion, saying: How can the people agree to the contradictions by a majority every time the referendum is held? Either the results are forged, and we are used to that every ruling regime says that about those who came before it, or the democracy of the electoral fund for a people in which illiteracy reaches more than One-third, poverty and the need for one-half, are not suitable for selection.
And a fifth said maliciously: Doctor Hossam, why was the transfer of power not after Mubarak’s removal within the constitutional framework at the time, and presidential elections after 60 days, as the constitution said, and we had avoided all the tragedies that occurred by riding the Brotherhood over Parliament and government and coloring the country with one-sided political Islam which the people also revolted against.
A young woman said violently: Yes, the constitution does not exist, because when the factions differ, there is a reference, and the voice of those who ride the moment over others does not rise due to their organization, financing or instant power.
Frankly, if the constitution were changed to a fifth, we would be a country that baffles about serious matters.
I closed my eyes for a moment, then looked at them with love, affection and understanding of the reasons for their emotions and said:
First, my opinion, which I said and announced at the time of the January revolution, was the constitutional transition to a new era, but neither President Mubarak nor the Military Council listened to this opinion at the time.
Secondly, I fully agree with you about the importance of sustaining the constitution for a sufficient period of time to achieve its objectives, and that the repetition of amending or changing the constitution in every political crisis or changing the ruling regime loses confidence in the reason for the constitution’s existence.
Third, the constitution should not be detailed for all purposes of governance, but rather be a few words, building a philosophy of governance, but leaving space for multiple ways to reach the goals, and I think this is the reason for the disagreement about the constitutions that came after the 71 Constitution. It entered into executive details and specific financial ratios for spending on some rights and services, and systems that were required to be followed in detail, and these are matters that the political parties approach in the way they approach, and it is difficult to implement them from the ruling authority now.
Fourthly, every constitution must have in its content a means of amending it, otherwise we will make the future subject to the thought of generations who preceded it. There is no objection to amending it if there are sustainable benefits.
For example, for the constitution to say that education should be of high quality and fairness for all ages, and that education and health care should be a priority in state spending, with digital empowerment of all young people, and building a normal Egyptian personality, competing globally, regardless of the financial capabilities of the citizen.
Here, the constitution should not talk about technical or Azhar education, nor public or private, nor about the number of schools and universities, but it obligates society to provide access, quality, justice, and priority in spending, and it is left to the parties and applicants to the people as candidates to demonstrate their method for achieving this.
Fifthly, I return to the electoral fund and the illiteracy of the people, which I consider important because the truth is that the Egyptian people have proven, with their educated, illiterate, poor and rich people, that they have a sense of civilization when needed. Democracy is not only the ballot box, but the fund is preceded by the state secretariat in presentation, and the state media that educates and spreads the truth, and prevents buying votes or using religion to influence people. Executing justice. Democracy, young people, is not an ideal solution, but it is still the best solution if we are serious about transferring the country to the form of a modern civil state. I do not agree with the democracy of the educated elite only, and I see that everyone has the right to express an opinion, and there are ways to achieve this balance.
The first speaker said: You mean, Your Honor, do you agree to making constitutional amendments to what we agreed to only four years ago?
I said: Because I understand your fear of opening the door to constitutional amendments, which may end with amending what we do not want to amend and not amending what we want to amend, and despite my desire for certain amendments such as the return of the Senate, which balances the populist choices of Parliament, and the removal of details from drafting the constitution, but I agree with you not to prejudice With the current constitution now, and we oblige the elected authority to amend the constitution in 2022, and the content of the proposed amendment is part of its obligations on the basis of which we elect it, so whoever is elected will be bound by it, provided that no constitutional amendment is made that gives rights that benefit those who rule during the term of his rule, or in increasing Powers or a change in the term of a sentence.
I must tell you that President El-Sisi announced more than once that he will not allow a constitutional amendment that affects the term of the presidency, and this is what concerns me about what you are trying to say between the lines…I know that he is honest and truthful with himself and with the people.
