@ConstitutionEgy 9 Guiding Principles of the Parallel Constitution of Egypt. ====================== To Write a Constitution: Participation and Inclusion Do Not Revoke Boldness in Seizing the Future. ====================== Since four weeks, the Taskforce on Egypt Parallel Constitution has been working on a parallel constitution draft that measures up to the prospects of Egypt’s future and its people. In the following, we list our Guiding Principles that drive our constitutional objectives and the formulation of the articles: 1. Sovereignty is of the people alone. - In all forms of governance: Power is consolidated bottom-up from the grassroot to the upper echelons of the Egyptian government. We find the best mechanism to achieve this to be full decentralization in legislation, administration and financing; rather than simple delegation of limited responsibilities. - In legislation: We took the initiative to the inevitable decision to eliminate any authority other than that of the people in the legislation of this Constitution. Legislative references must be as responsive and vibrant as the conscious of any people, and this must be reflected in the laws that emerge from them. 2. The Constitution is a vision for the future and not a portrayal of the status quo with its imperfections. Our Constitution thus must respond to the changing environment and its tools of production that shape the future and shift the comparative strengths of various constituencies of our nation. 3. Checks and Balance. This Constitution establishes checks and balances among the three powers of the State for the sake of a healthier democracy and stronger nation. 4. Actionable Legal Language. This Constitution eliminates any ornate language that is not actionable and cannot be translated into law or practice. This is an essential first remedy to the corrosion of the rule of law and eventual state failure. This Constitution is thus disinterested in defining an identity for Egypt, be that Arab or Egyptian, secular or religious, etc. Egypt is only defined by its people: an independent state with full sovereignty and its people is the source of all powers. 5. Practice overrides identity. There are practices that are prohibited, but not the existence of identities or ideas. Prohibited practices are those that benefit specific communities or deny benefits to others. 6. Public order is vested in promoting human advancement, which in turn brings stability. Promoting human advancement therefore calls for the change of the status quo for the better and not plaguing it in hope to preserve stability. Therefore, each and every State institution shall be committed to this principle in organizing its internal regulations and external relations with citizens. 7. The State treats all its citizens equal. - The State shall establish or fund no institution whose mission or services or admission requirements discriminate among its citizens, and no such institution shall benefit from the State in any way, including but not limited to, tax breaks or revenues. - This Constitution is committed to empowering minorities that do not enjoy adequate representation in public life. These minorities shall enjoy the right to expression and representation in formal affairs of the State, including but not limited to, practicing local governance using their indigenous languages and values, and contributing to enrich our national cultural heritage. 8. The rights and freedoms set forth in this Constitution are unalienable, and are not granted by the State. Each entity and every person shall be responsible for respecting these rights and freedoms and for facilitating their access to fellow citizens by order of the social contract. The State shall have no authority to grant or prevent any of these rights or freedoms, but is only concerned with facilitating the rules and ensuring the provision of necessary public resources for citizens to access such rights. The State shall also prevent or punish any aggression or infringement such rights and freedoms by order of its monopoly over legitimate force. 9. National Security is a sovereign matter and national wealth. Like national currency, a State exhibits good governance by limiting the supply and usage of national security practices, to preserve such tool from inflation and loss of intrinsic value. To that end, the State shall take a proactive approach to promote greater freedoms that increase interactive social practices in the public domain, in order to minimize shocks and disruptions that require forceful intervention from the State. ======================= [End]
Posted on: Mon, 23 Sep 2013 04:54:46 +0000
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