Egyptian Constitution of 2012

The Constitution of the Arab Republic of Egypt was the former fundamental law of Egypt. It was signed into law by President Mohamed Morsi on 26 December 2012, after it was approved by the Constituent Assembly on 30 November 2012 and passed in a referendum held 15–22 December 2012 with 64% support, and a turnout of 33%. It replaced the 2011 Provisional Constitution of Egypt, adopted in 2011 following the Egyptian revolution. On 3 July 2013, the constitution was suspended by order of the Egyptian army. On 8 July 2013, acting President Adly Mansour issued a decree that envisaged the introduction of amendments to the constitution and put them to a referendum; if approved, the suspended-constitution would be restored into law. The current constitutional declaration has the power of a constitution; it outlines the authorities of the president and establishes many rights.

The constitution and the manner in which it was adopted have been one focus of the 2012–13 Egyptian protests. Zaghoul el-Balshi, the general secretary of the commission overseeing the planned constitutional referendum, resigned in the wake of the protests.

The 2012 Constitution was superseded by the Egyptian Constitution of 2014.

The Constituent Assembly was originally elected by Parliament in March 2012, before being dissolved by a court in April after it was deemed unconstitutional. A second Assembly was elected by Parliament during the summer. The Assembly produced a 234 article draft constitution, and approved each article individually during a 19-hour meeting starting on 29 November 2012.

The constitution ends Egypt's all-powerful presidency, institutes a stronger parliament, and contains provisions against torture or detention without trial. But it also give Egypt's generals much of the power and privilege they had during the Hosni Mubarak era. Human Rights Watch noted that it provides for basic protections against arbitrary detention and torture and for some economic rights but fails to end military trials of civilians or to protect freedom of expression and religion. The organization also stated that the Chapter II draft, entitled Rights and Freedoms, provides for strong protection against arbitrary detention in article 35 and torture and inhumane treatment in article 36, and for freedom of movement in article 42, privacy of communication in article 38, freedom of assembly in article 50, and of association in article 51, but defers to objections from the country's military leadership and has removed the clear prohibition of trials of civilians before military courts.

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