■ Commentary on November draft of Egypt Fundamental Principles Document

Pursuant to a popular uprising that led to the removal of former President Hosni Mubarak from power in February 2011, an interim constitution (the “March 2011 Constitutional Declaration”) was approved by referendum in March 2011. That text called for parliamentary elections in September 2011 and for the drafting of a new constitution by a constituent assembly that was to be elected by the new parliament.  During the summer of 2011, many commentators, observers and activists expressed the concern that if a constituent assembly is formed after elections then it may come to be monopolized by Islamist political forces, which, it was argued, may seek to establish an Islamic state.  In response, an effort was launched by the deputy prime minister’s office to draft what was informally known as the “supra constitutional principles” document, which was presented as a list of fundamental principles that the coming constituent assembly would have to respect and abide by during the constitutional drafting process.  Several versions of this document have been circulated, which have now been renamed as the ‘Fundamental Principles’.  One draft was circulated in September 2011 (the “September draft”) and another on 1 November 2011 (the “November draft”).  This Commentary will focus its analysis on the November draft but will also make reference to the September draft with a view to exploring how the drafting process has evolved over time.

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