How to draft a constitution: six steps for the Middle East

Egypt’s military has suspended the country’s Constitution and tasked experts with overhauling its fundamental law. Other countries in the region may also soon be in line for such a make-over. But not all constitutions are created equal. Here are six key issues to consider when starting from scratch.

3. How are constitutions made?

Egypt has chosen to immediately amend a few controversial articles of the constitution, particularly those governing elections, and leave a full rewrite until after the new government has been elected. Parliamentary elections are expected in June, and presidential elections in October.

The proposed changes, crafted by an eight-member committee appointed by the military council governing the nation, were announced Saturday. They reinstate judicial supervision of parliamentary elections and ease eligibility requirements for presidential candidates, opening up the race. The previous laws had strongly favored candidates from Mubarak’s ruling National Democratic Party. The amendments would also limit the president to two four-year terms, and require him to appoint a vice president.

The committee went on to limit presidential power by requiring that a president’s declaration of a state of emergency must be approved by parliament. It also ended his right to refer civilians to trials in military courts.

The changes will be put to a popular referendum in April. After a new parliament is elected, it will select a congress to draft a new constitution.

Elsewhere, some countries have opted for a constituent assembly, which is like a special parliament of peoples' representatives elected to design the state architecture for a new nation. India’s 1950 Constitution was prepared over several years by such a body, as was France’s first charter, drafted in 1789 amid the throes of revolution.

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