Mallat in Harvard International Law Journal:'Revising Egypt's Constitution'

The transition under way in Egypt is constitutional. Work on the higher law bespeaks the Nile Revolution at its noblest: its nonviolent character. A constitutional transition after the ousting of the dictator is the most important task for sealing in law the future of Egypt and the region and for ensuring peaceful political change. In the spirit of generating broad discourse in support of the Nile Revolution, this modest study seeks to identify key revisions to Egypt’s Constitution, and in doing so, to contribute an additional legal voice to the public deliberation on the future of the country, that is led by the Constitutional Amendments Committee. The first Part of this Article discusses why the judiciary is uniquely positioned to lead the project of constitutional reform and how this could be accomplished under the current Constitution.  The second Part of the Article lays out specific recommendations for reform in twotiers. The first tier addresses the procedures governing elections in Egypt with specific attention to the enumerated articles before the Committee.  The second tier addresses structural weaknesses in the Constitution regarding the allocation of powers, and suggests mechanisms to properly balance executive, legislative, and judicial authority.

Read full article (PDF)