A Tour of Egypt 41Government and Jurisdictions
The Permanent Constitution of the Arab Republic of Egypt,
adopted on 11 September 1971 and amended on 22 May
1980, provides the basis for Egypt’s political system. Egypt’s
government is a democratic republic with its legal system
based on English common law, Islamic law and Napoleonic
codes. According to the Constitution, sovereignty is for
the people and they are the source of authority. Egypt has
26 administrative divisions or governorates, each a corporate
body. Executive power resides in the chief of state—the
president—who may be elected to an unlimited number of
six-year terms. The president is nominated by the People’s
Assembly and then must be validated by a national, popular
referendum. The head of the government is the prime
minister, who, along with the Cabinet, is appointed by
the president.
Legislative authority resides with the People’s Assembly
(Majlis al-Cha’b) which has a total of 454 seats (444 elected
and 10 appointed by the president). Under the Constitution,
the People’s Assembly should not be less than 350 persons,
half of whom (at least) should be workers and farmers chosen
by direct secret public ballot.
The Advisory Council (Majlis al-Shura) functions only in a
consultative role. It was formed to widen the participation
of intellectuals in shaping the nation’s future. The Advisory
Council has a total of 264 seats (176 elected and 88 appointed
by the president). The Shura is an age-old tradition in
Muslim societies.
The Supreme Court and Council of State conduct judicial
review. There are three levels of regular criminal courts:
primary courts, appeals court and the Court of Cassation,
the final stage of criminal appeals. Since the judicial system
is based on Napoleonic tradition, there are no juries.
Misdemeanors punishable by imprisonment are heard at
the first level by one judge and at the second level by three
judges. Felonies, punishable by imprisonment or death,
are heard in criminal court by three judges. The Court of
Cassation hears contested rulings. If a defendant does not
have a lawyer, one is appointed at the court’s expense.