Mursi's ratification on constituent assembly law unconstitutional - Judicial sources

Sunday 15-07-2012 08:51 PM
Mursi's ratification on constituent assembly law unconstitutional - Judicial sources

Parliamentary session to elect members of the constituent assembly on June 12, 2012 - REUTERS

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The law President Mohamed Mursi ratified on Sunday will not help in taking away the parliamentary membership challenges from the judiciary jurisdiction, judicial sources told Aswat Masriya.

The law aims at adding a legislative nature to the constituent assembly, the sources confirmed. It also aims at having the assembly work according to the law, not according to an administrative decision.

But since the law does not state its application retroactively makes it inapplicable to the appeals before the administrative judiciary. It is enforceable only from the day it is published in government-owned newspapers.

The administrative judiciary is still considering the appeals of the invalidity of the assembly’s formation since this law was not enforceable when the court received those appeals.

The case will be looked into on Tuesday July 17.

The law itself is constitutionally contested since it was not ratified according to the complementary constitutional declaration.

The People’s Assembly had passed the law on the criteria of choosing members of the constituent assembly on June 12. President Mohamed Mursi ratified this law on July 15 after the judiciary ruled that a prior formation of the assembly is invalid before the law was passed.

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