Doing Business in Egypt
Baker & McKenzie 3
1.6 Political System
In July 1952, Egypt was declared an official republic when a group of army officers, known as the
“free officers”, led by Colonel Gamal Abdel Nasser, toppled the monarchy in a coup. Prior to the
1952 revolution, Egypt was a constitutional monarchy. The 1923 constitution, which followed the
declaration of the end of the British protectorate, stated that Egypt was an independent sovereign
Islamic state with Arabic as its language and provided for a representative parliament. This
constitution was abolished and political parties were dissolved in 1953, and a new constitution was
proclaimed in 1956. The 1956 constitution granted the president large executive and legislative
powers. In 1958, the constitution of the United Arab Republic was enacted, following the union
between Egypt and Syria. In many respects, it was similar to the 1956 constitution and provided for
the formation of two executive councils, one in Egypt and the other one in Syria.
In 1964, a new constitution was enacted. It emphasized the socialist nature of the government,
proclaiming Egypt an Arab Democratic State with a socialist economy.
In September 1971, the current constitution was approved by referendum (the “1971 Constitution”)
under the rule of President Anwar El Sadat, proclaiming Egypt a “democratic socialist state”. It
recognized three types of ownership: public, cooperative and private. The 1971 Constitution
guaranteed the equality of all citizens before the law, affirmed the rights to peaceful assembly,
education, health and social security, and the right to organize into associations or unions. It also
made suffrage universal and compulsory at the age of 18. Further, the 1971 Constitution provides for
three branches of government: the legislative, executive and the judicial branch. it is worthy to
mention that the 1971 Constitution granted vast powers to the president, who is the head of the state.
Although the president and the Council of Ministers comprise the executive branch, in practice the
power rested almost solely with the president.
In 1981, Egypt came under the rule of President Mohamed Hosni Mobarak. After a long history of
one-party rule, Egypt’s political system under Mobarak was based on a multi-party system, however,
the ruling National Democratic Party, led by Mobarak, dominated the political scene. Since 1981, the
country has been brought under emergency rule, extending the power of the police and suspending
constitutional rights. In 2005, the 1971 Constitution was amended, paving the way for multi-candidate
presidential elections, and in 2007, 34 articles of the 1971 Constitution were amended, increasing the
powers of the elected parliament, expunging much of the socialist language and paving the way for a
antiterrorism law to replace the emergency rule in the future, expanding the limitations of personal
and human rights.
On January 25, 2011, widespread demonstrations and civil unrests began against Mobarak’s regime,
leading to the resignation of Mobarak on February 11, 2011. The country was then governed by a
military junta for an interim period of six months until the presidential elections scheduled in
September 2011. A committee was formed to draft amendments to the 1971 Constitution that would
allow for a peaceful transition of power and fair and transparent presidential elections in September.
The first Presidential elections were held in March–June 2012, with a final run-off between former
Prime Minister Ahmed Shafik and Muslim Brotherhood parliamentarian Mohamed Morsi. On 24 June
2012, Egypt’s election commission announced Mohamad Morsi as the first freely elected President
for Egypt.Shortly after, an Islamist-based constitution was prepared and took effect in December 2012
after being approved by 63,8% of people’s votes.
Only one year later, on 30 June 2013, millions of Egyptians took to the streets protesting against
Morsi’s regime. Protesters surrounded the Presidential Palace in the Heliopolis suburb, as well as in
18 other locations across Egypt, The protests were calling for anticipated Presidential elections - a
request that was disregarded by Morsi. On 3 July 2013 the Military intervened and ousted Morsi.
Formerly Army Chief, Abdel-Fatah Al-Sisi formed a new interim government and appointed Adly
Mansour (President of the Constitutional Court) as interim President of Egypt, suspending thereby the