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	<title>Inter Press ServiceEgyptian President Battles Judiciary</title>
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		<title>Egyptian President Battles Judiciary</title>
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		<pubDate>Tue, 27 Nov 2012 08:54:09 +0000</pubDate>
		<dc:creator>Adam Morrow  and Khaled Moussa al-Omrani</dc:creator>
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		<description><![CDATA[Egyptian President Mohamed Mursi issued a controversial decree last week that temporarily puts his decisions beyond judicial challenge. While critics decry the move as a blatant power grab, the presidency says it was necessary to safeguard Egypt&#8217;s post-revolution democratic transition. Mursi&#8217;s decree, according to a statement from the presidency on Sunday, &#8220;was not meant to [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p>By Adam Morrow  and Khaled Moussa al-Omrani<br />CAIRO, Nov 27 2012 (IPS) </p><p>Egyptian President Mohamed Mursi issued a controversial decree last week that temporarily puts his decisions beyond judicial challenge. While critics decry the move as a blatant power grab, the presidency says it was necessary to safeguard Egypt&#8217;s post-revolution democratic transition.</p>
<p><span id="more-114525"></span>Mursi&#8217;s decree, according to a statement from the presidency on Sunday, &#8220;was not meant to consolidate power, but rather to devolve it to a democratically-elected parliament and pre-empt attempts to undermine or dissolve two democratically-elected bodies (the Shura Council and the Constituent Assembly).&#8221;</p>
<p>The declaration calls for the retrial of police and Mubarak-era officials – including the ousted president himself – implicated in the killing of protesters during and after last year&#8217;s popular uprising. Given a recent spate of controversial police acquittals, this was welcomed by political forces across the board.</p>
<p>It was the<strong> </strong>items that followed that triggered a political firestorm.<div id='related_articles'>
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<p>The declaration goes on to make all presidential decisions &#8220;final and binding&#8221; until a new constitution is approved and parliamentary polls are held in some six months&#8217; time. It also makes two government bodies – the Shura Council (the upper, consultative house of Egypt&#8217;s parliament) and the Constituent Assembly (tasked with drafting a new constitution) impervious to judicial rulings calling for their dissolution.</p>
<p>Mursi&#8217;s decree gives the Constituent Assembly an additional two months to finish drafting a national charter to be put before a popular referendum early next year. The constitution-drafting body has been dogged by controversy since its inception earlier this year, with secularist members opposed to the assembly&#8217;s Islamist majority.</p>
<p>The declaration gives the president the right to appoint a new prosecutor-general, which he did, replacing Abdel-Meguid Mahmoud – whose dismissal had been a longstanding revolutionary demand – with Judge Talaat Abdullah.</p>
<p>Judicial authorities along with Egypt&#8217;s liberal and leftist forces labelled the president &#8220;Egypt&#8217;s new pharaoh&#8221; and called his decree &#8220;dictatorial.&#8221; The Supreme Judicial Council described the move as an &#8220;unprecedented attack on judicial independence.&#8221;</p>
<p>In mid-June, on the eve of a hotly-contested presidential runoff, Egypt&#8217;s then ruling Supreme Military Council ordered dissolution of parliament&#8217;s lower house in which Islamist parties – particularly the Muslim Brotherhood&#8217;s Freedom and Justice Party – had together won a sizable majority. The order followed a ruling by Egypt&#8217;s High Constitutional Court (HCC) deeming the law regulating last year&#8217;s parliamentary polls unconstitutional.</p>
<p>In early July, only one week after becoming Egypt&#8217;s first freely elected head of state, Mursi in a direct challenge to the judiciary issued an executive decree calling on parliament&#8217;s dissolved lower house to reconvene. The president, however, quickly backed down after the HCC countermanded his decree.</p>
<p>Mursi struck back in August, dismissing Egypt&#8217;s ruling generals and thus ending the country&#8217;s military-administered transitional phase, and assuming legislative authority from the departing military council.</p>
<p>In mid-October, after the acquittal of several ex-regime officials charged with involvement in killing protesters, Mursi tried – and failed – to have Prosecutor-General Abdel-Maguid Mahmoud removed from his post. Mahmoud, appointed by Mubarak in 1996, has until now survived longstanding revolutionary demands to &#8220;purge&#8221; the judiciary of Mubarak-era officials.</p>
<p>On Friday, tens of thousands of demonstrators, supported by most non-Islamist political parties and groups, converged on Cairo&#8217;s Tahrir Square to protest the president&#8217;s declaration. Similar numbers turned out at the presidential palace in a show of support for Mursi&#8217;s decision.</p>
<p>Addressing the crowds, Mursi stressed his respect for Egypt&#8217;s judicial institutions but asserted that a handful of high-placed judicial figures &#8220;still loyal to the former regime&#8221; were using their influence to stall transition to a functioning democracy.</p>
<p>Mursi frequently stressed the need for &#8220;stability&#8221; – and not without some cause.</p>
<p>Within the last two weeks, Egypt has faced challenges on both the foreign and domestic fronts, dealing with a week-long Israeli assault on the next-door Gaza Strip &#8211; where it successfully brokered a ceasefire &#8211; and ongoing street fights in Cairo between security forces and activists.</p>
<p>According to prominent Egyptian political analyst Tawfiq Ghanem, both sides in the dispute have valid concerns.</p>
<p>&#8220;There is a legitimate fear among the public that the presidency is accruing too much power; his critics see him assuming complete authority and freeing himself of judicial oversight,&#8221; Ghanem told IPS. &#8220;Mursi&#8217;s supporters, meanwhile, view the judiciary – especially the HCC – as unfairly blocking Mursi&#8217;s decisions and dissolving elected government bodies.&#8221;</p>
<p>Ghanem believes Mursi issued the decree to pre-empt the possible dissolution of the Shura Council and Constituent Assembly by the HCC, which is slated to rule on the constitutionality of both Islamist-led bodies early next month.<strong></strong></p>
<p>The HCC, Ghanem pointed out, &#8220;began taking sides in the fray this summer when it declared parliament&#8217;s newly-elected lower house unconstitutional and recommended the assembly&#8217;s dissolution.&#8221; Since then, he added, the court has &#8220;taken on an unprecedented political role.&#8221;</p>
<p>Nevertheless, Ghanem said, Mursi should have &#8220;coordinated the move with other political forces….he should also do more to reassure a wary public that he won&#8217;t use his considerable albeit temporary powers against civil liberties.&#8221;</p>
<p>Two separate mass demonstrations in Cairo are expected on Tuesday by supporters and opponents of the president&#8217;s controversial decree, with many fearing possible clashes between the two rival camps. On Sunday night, a young Muslim Brotherhood member was killed after unidentified assailants attacked an FJP office in Egypt&#8217;s Nile Delta.</p>
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<li><a href="http://www.ipsnews.net/2012/08/veil-falls-over-egyptian-media/" >Veil Falls Over Egyptian Media</a></li>
<li><a href="http://www.ipsnews.net/2012/10/egypt-revolution-makes-it-worse-for-women/" >Egypt Revolution Makes It Worse for Women</a></li>
</ul></div>		]]></content:encoded>
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