t's next constitution, maybe with some guarantees for the Christian minority. The electoral gains of Islamic parties, however, will make the codification of such constitutional principles a lively debate at least in the foreseeable future. The constitution might also provide stronger guarantees for citizenship and equality to soothe the fear of non-Muslims and secular Egyptians.
The Nature of the Political System
Ever since Narmer unified the two kingdoms in c. 3100 BC, Egypt has been largely ruled by a single leader, where the chief executive, regardless of his title pharaoh, king, prince, Khedive, or president, commanded overwhelming power. The only exception was a brief experiment with parliamentary government between 1923-1952. The constitutional engineering of the new political system needs to tackle the pivotal questions pertaining to the nature, powers, and composition of the presidency, the legislature, and the courts.
Since 1952 the presidential system has taken root. The presidency commands a great deal of power and prestige. Consecutive constitutions endowed the presidency with vast powers, including but not limited to:
* Dissolve the two houses of parliament;
* Appoint 10 members to the Peoples' Assembly and a third of the Shura Council;
* Appoint and remove from office high ranking officials including the prime minister, ministers, civil and military officials and diplomatic representatives;
* Chair the supreme councils of the armed forces, the police and the judiciary;
* Lay down the general policy of the state and supervise its implementation;
* Issue decrees having the force of law and veto laws;
* Call for referendum on important matters bypassing the representative assemblies altogether;
* Proclaim a state of emergency and declare war;
* Grant amnesty or commute a sentence.
These imperial powers put the presidency above all other state institutions. As one scholar appraised this power, "The Egyptian Constitution gave the president of the Republic a curious mixture of powers. He practically had powers equivalent to those of the prime minister in the British system and to those of the president of the French Fifth Republic."9 Nathan J. Brown put it nicely, when he assessed the 1971 Constitution: "The result was a document that promised a little bit to everybody - but everything to the presidents."10
Other than the widespread of the old oppressive regime, there is no agreement about the future of the country. politicians, and activists have ent opinions about which system government will be most suited achieve the dual objectives of maintaining liberty and ensuring stability. Would Egypt continue to function as a presidential system, something along the lines of the US model? Would it move into a Westminster form of government? Or would it create a semi-presidential system similar to France?
Each proposition has its merits and supporters. It appears that the generals in the Supreme Council of the Armed Forces are well disposed to some form of continuity of the presidential system of government. Statements by SCAF members repeatedly indicated, "Egypt is a presidential system. " Some argued that the generals believe they have a better chance influencing the choice for the presidency than the parliament which Islamist groups are likely to dominate. Many in Egypt suspect that the SCAF will try to sway popular sentiments toward a candidate with a military background or at least someone who is friendly to the military establishment. The SCAF also might find comfort in the division of powers between the executive and the legislative branches that a presidential system creates. Among this camp also there are a number of secular forces that hope a strong presidency could provide a counterbalance to the Islamist majority in parliament.
On the other end of the spectrum, the FJP, the largest party in the new People's Assembly, advocates the creation of a full parliamentary constitution, where the president would have symbolic or limited powers. The main powers would be concentrated in the hands of the prime minister w