‘Egyptian public sole source of power’

The ruling of the Supreme Constitutional Court was announced on Tuesday, hours after the parliament reconvened briefly on the same day by a presidential decree.

The move to reinstate the parliament is the first showdown between Morsi and the country’s powerful military.

The military had earlier warned that the decision to dissolve the parliament must be upheld, saying that all state authorities should respect the constitution. But the president and lawmakers argue that the parliament’s dissolution was itself unconstitutional.

Press TV has conducted an interview with Aly el-Kabbany, Egyptian political analyst, to hear his opinion on this issue.

The video also offers the opinions of two additional guests: Ahmad Mousalli, professor of political science at the American University of Beirut and former Egyptian presidential candidate, Abdullah al-Ashaal.

The following is a rough transcription of the interview.

Press TV: Mr. Kabbany, what are the elements that barred the constitutional assembly from coming about in Egypt throughout the time that the parliament was present, the revolutionary parties did not work on this issue, I mean can we say that the whole problem is with the military council or did the parties play a role in this I mean in order for they are not to come to a point where the constitution is not that clear?

El-Kabbany: Actually there is no constitution, there is a frozen constitution, the constitution of the ousted President Mubarak which this constitutional court appointed by him are still scared from the imaginary tyrant because those people have been appointed by a tyrant and we never hear them talking about the constitution violation when the elections were rigged by Mubarak and now we can see them very brave and very courageous challenging the will of the Egyptian people and the will of the elected president.

President Morsi did not cancel the ruling of the constitutional court. He just postponed it until the new constitution is drafted and approved by the Egyptian people sixty days after he said that a new election for the parliament will start and a new parliament will be elected..

So I do not know actually what is all this problem about but the counter revolution is working very hard to abort the Egyptian blessed revolution and it seems to me that the constitutional court is helping the elements of the counter revolution.

Press TV: Mr. Kabbany now the military court is saying or the judicial court is saying that no one is above the law, is what they clearly said about the presidential decree. But you are saying now there is no constitution, there is no law. Why haven’t the other parties played this role in trying to really question the legality of the military council and the judicial court?

El-Kabbany: It is just one comment. The people of Egypt who are the sovereign, they are above the law and above the constitution because they are the power which can approve the constitution or dissolve the constitution or amend the constitution.

So the sovereignty is in the hand of the Egyptian people and it goes without saying that the constitutional court does not have the executive power to implement it thoroughly.

And also we never heard from this court about the assumed authorities and powers by the military council. Is the military council allowed to assume the legislative power? Is that constitutional? Of course it is not constitutional.

Are the appointed bodies like the military council above the elected body like the presidential establishment? Of course not.

So we do not hear the judges of the constitutional court talking about the violation of the military council but just are talking about the violation of the elected president and the will of the Egyptian people.

Press TV: Mr. el-Kabbany do you agree with this and also the fact that the elections, the issue both of you mentioned the issue of elections, I mean this court was there when the elections took place. I mean can we say that even the parliament re-elections and the presidential elections we could also question their legality perhaps?

El-Kabbany: Indeed I agree with that and also when President Morsi issued his resolution he relied on all the international treaties and agreements signed by the Egyptian government which state that a transitional body and a temporary body like the authority of the military council now cannot dissolve an elected body like the parliament even if it is illegal and even if it is unconstitutional.

So I do not know where are the judges of the constitutional court to rule again without reviewing all the international treaties signed by Egypt.

And there is another point I want to mention quickly is that there is the interest and purposes. So if those judges are wise enough they would have said that carrying on with this parliament is better than creating a political vacuum and a constitutional vacuum.

Press TV: Final question for you Mr. Kabbany, if President Morsi’s situation is stabilized who do you think will be his vice president and prime minister? Do you think that we will see a big role for other parties?

El-Kabbany: I think President Morsi should speed up the process of choosing a new government and his vice president to establish the legitimacy of his presidency and to really let the military generals go back to their barracks and know their limits and take their orders from now on from their political masters.

So I agree with the guest from Cairo but I do not think that the Egyptian people are divided. I think the Egyptian people are confused of what is happening and from their constitutional court which is using legal loopholes to confuse the Egyptian people rather than helping them and helping the Egyptian society to restore its stability.

As I said those people should really resign for the president to nominate other judges and for the parliament to scrutinize and approve the new judges because those have been appointed by the old regime and they are defending the old regime until now.

AHK/JR

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