Modern Egypt did not know constitutionbefore 1923. And the Egyptian people bypassing claim to evacuate and theConstitution, until the British occupiers hadto cancel protection and issuing a statementon February 28 1922 and the contents ofstarting of a new era under the Constitution. Government formed (thirty Committee) to develop a constitution headed by Hussin Roshdi and so named for the formation of thirty member representatives of political parties and popular leaderships and leaders of the National Movement and the Commission Hussin Roshdi was assigned to the Prime Minister Abd El Khalik Tharwat by the king .
The Constitution was issued by RoyalDecree No. 42 of 1923 on April 29, 1923.the Constitution of 1923 is the firstconstitution addressed in detail of the powersof the king and the ministers.And also covered the issues of rights andpublic freedoms, also addressed variousissues addressed in modern constitutions,and it calculates for the 1923 constitutionthat sought to reduce the powers of the kingand strengthening the status of primeminister, and refers to the text of theConstitution and must be signed cabinet and A document released by the governementthe ministers concerned, for force signaturesKing in state affairs (Article 60).
The Constitution adopted a system known as “The Monarchy Constitutional Parliamentary system", and it amount of the articles of this constitution were 170 Articles organized to put the Egyptian state in one article, and the rights and duties of the Egyptians on 21 articles and the king in 24 articles and ministers in 15 articles and the Senate on 7 articles and the House of Representatives in 7 articles and King Fouad inaugurates the first session the judiciary in 7 articles and district of Parliament councils and municipal councils and public finances in 11 articles and the armed forces in 3 articles and general provisions in ten articles in addition to final provisions and temporary .
TArticles for Sources of law :Article 149: Islam is the state’s religion and Arabic is it’s official languageArticle 164: Follow in the management of the affairs of the State and in special legislation of the date of publication of this Constitution to the parliament the rules and procedures now. However, it must be taken into account not contrary to the provisions of basic principles established in this Constitution.Article 167: The decision of all laws, decrees, orders, regulations and decrees of the provisions and all what was promulgated or taken by the business assets and procedures in accordance with the conditions remain in effect, provided that the entry into force in accordance with the principles of freedom and equality that’s preserved by this Constitution. All of this without prejudice to the legislative power of the right to cancel, modify within the limits of its authority that does not represent that the principle decision Article 27 on the non-applicability of laws of the past
Article 153: Law regulates the manner in which the king initiates his authority in accordance with the principles established in this Constitution with regard to religious institutes and the appointment of the religious leaders; this is managed by the Ministry of Religious Endowments and special issues Commons religions permitted in the country. If not are legislative provisions continue directly this authority in accordance with the rules and customs established now. Keep rights handled by King himself in his capacity as Chairman of the royal family, as decided by the law no.25 in 1922 concerning establishing a system of royal family.
Egyptian Rights and Duties(Human Rights) : The history of Egypt with human rights is as old as civilization, where Egypt passed many political experiences contributed to the development of human rights . The Committee was comprising a Jew, and a representative of the child schools in Egypt, and a Chairman of the Association universities , So it was clear indication of the existence of all religious, social and cultural The thirty members of 1923 constitution classes of people .
Articles Concerning Egyptian Rights and Duties(Human Rights) : Article 2 Egyptian nationality in prescribed by the law. Article 3 Egyptians are equal before the law. Article 4 Personal freedom is guaranteed. Article 5 No one shall be arrested nor imprisoned except in accordance with law. Article 6 No crime and no punishment except on the law. No punishment except on the subsequent acts for the issuance of the law, which provides it. Article 8 Home sanctity must not be entered except in the circumstances set out in the law. Article 9 Sanctity of property , no one tends property except for the public benefit in the circumstances and for the law.
Article 11 It’s not allowed to divulge secrets of letters ,Telegraphs, Telephonic transportation except in the circumstances set forth in the law.Article 12 Freedom of belief is absolute.Article 13 The State protects the freedom to do ritual religions and beliefs in accordance with established customs in Egyptian homes that do not prejudice public order or contrary to morals.Article 14 Freedom of opinion is guaranteed and everyone has the right to express verbally or in writing.Article 16 Restricting the freedom of one to use any language he wanted in private or commercial transactions or in religious matters or in newspapers and publications of any kind or in the general meetings is not justified.Article 17 Education is free unless they violate public order.Article 19 Primary education is compulsory for Egyptian girls and boys and free of charge in public office.
Distribution of powers :On the other hand the constitution give the executivebranch represented by the king the right to interfere inthe work of parliament call for a dissolution of Parliamentand call to postpone the convening of parliament, andresolution of the parliamentary session and resolved andcall a general election within 60 days of the solution andthis attack by King Fouad right after KingFarouk much inuse.And remained the political life in Egypt for many years after theissuance of the Constitution in the conflict between two wills, thewill of the king and the will of the national movement led it thedelegation Party .And there is famous incidents in history for clash,and the scenario is repeated is that collides government majorityKing, chose to dissolve parliament and dismiss the government,and call for elections new rigged in favor of the minority parties, toreturn the people to revolt against the government and then dropsthe delegations return to the rule of holding new elections
Distribution of Powers :Chapter I - General Provisions Article 23 All authorities and use of the source of the nation will be in the manner prescribed in this Constitution. Article 24 Legislative power is vested in the King in conjunction with the Senate and the House of Representatives. Article 25 No law may be issued only if the decision of the parliament and ratified by the king. Article 26 Laws are in force in all the country of Egypt issued by the King and utilized this version of the publication in the Official Gazette. And implemented in each of the points of the country of Egypt from the time of knowing for being issued . The issued of these laws is known in all the country of Egypt thirty days after publication. And this period may be limited or duration of an explicit provision in those laws Article 27 Not only under the provisions of the laws on what is the date of entry into force. The consequent what happened befor him, unless otherwise provided by a special provision
Article 28 To the king and the Senate and House of Representatives have the right to propose laws other than in the special establishment or increase taxes Increase proposal to the king and the House of Representatives Article 29 Executive power vested in the King in the limits of this Constitution. Article 30 Judicial power shall be vested in the courts of different kinds and degrees. Article 31 Various court rulings issued and implemented in accordance with the law on behalf of the king.Chapter II - King and MinisterSection I - King Article 32 Egyptian throne is hereditary in the family of Muhammad Ali. And shall inherit the throne according to the system due issued on Augest,15 ,Year 1340 (April 13 , 1922)
Work continued with the Constitution forfive years until it was canceled under theRoyal Order of King Fouad I, No. 142 forthe year 1935 and in December 19, 1935which he spent the reinstatement of theconstitution of 1923.After that, theConstitution of 1923 remained in validuntil the Revolutionary Command Councilannounced in December 10, 1952Cancellation of the constitution . Cancellation of the constitution In any case, the 1923 Constitution has laid the groundwork for an era of liberal features in Egypt, and extended its impact on society . Finally, the Constitution of 19 April 1923 ..The spiritual father of the Egyptian Constitutions.
Done by :FatmaMohsenFairoz MohamedHader SherifMariam NasserMariam HanyMariam HussienNorhan AhmedMenna Abd ElsaydNaglaa Mahmoud
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