CONSTITUTION OF EGYPT
(Royal Rescript No. 42 of April 30, 1923)
We, Fouad the first King of Egypt,
Whereas, since our succession to the throne and our undertaking to guard the trust given us by the Almighty, all our efforts have constantly been directed toward assuring the well being of our people and its guidance toward the way which we know would lead to happiness and progress and thus to assure for it the benefits enjoyed by all free and civilized people;
Whereas, this result cannot truly be attained, except through the possession of a constitutional regime similar to all modern and perfected constitutional regimes, which would result to the people in a happy life, prosperity arid freedom, and would guarantee them effective participation in the administration of public affairs together with the elaboration of laws and the control in their execution, as well as guaranteeing peace and confidence in the present and the future while at the same time safeguarding tile. national spirit-qualities and distinctive traits which have been the historically glorious heritage of our people;
Whereas, it was there that rested our highest ideal and the principal object of the efforts we exert with a view to raising our people to a level commensurate with its glorious past history, a level to which its intelligence and apititudes accord it the right to aspire and with a view to enabling it to maintain with dignity its rightful place amongst the peoples of the civilized worlds.
THE NATURE AND FORM OF THE STATE
Art. 1 Egypt is a sovereign State, free and independent. Its rights of sovereignty are indivisible and inalienable. Its government is that of a hereditary monarchy; it has a representative form.
RIGHTS AND DUTIES OF EGYPTIANS
Art. 2 Egyptian nationality is determined by law.
Art. 3 All Egyptians are equal before the law. They enjoy impartially civil and political rights, and are equally subject to duties, and responsibilities, without ally distinction of race, language, or religion.
They alone are eligible for public office, civil and military; foreigners are not eligible for these offices save in exceptional cases determined by law.
Art. 4 The liberty of individuals is guaranteed.
Art. 5 No one may be arrested or detained except in conformity with the limitations of the law.
Art. 6 No crime and no punishment can be constituted except in virtue of the law. Punishment can only be inflicted for breaches of the law which are perpetrated after the promulgation of the law which stipulates for them.
Art. 7 Egyptians cannot be expelled from Egyptian territory.
It is forbidden to prevent them from remaining in any particular locality, or to compel them to stay in any specified place, except in cases stipulated for by law.
Art. 8 The home is inviolable. No search of a private house may take place except in cases stipulated for by law and carried out in conformity with its regulations.
Art. 9 Private property is inviolable. No one maybe deprived of his property except for reason of public benefit, in cases and in the manner laid down by law, and in consideration of just compensation.
Art. 10 The punishment of a wholesale confiscation of possessions is forbidden.
Art. 11 The secrecy of letters, telegrams, and telephone communications is inviolable, except in cases provided for by law.
Art. 12 Liberty of religious opinion is absolute.
Art. 13 The State protects, in accordance with the practice established in Egypt, the free exercise of the rites of all religions and creeds on condition they are not prejudicial to public order or morality.
Art. 14 Liberty of opinion is guaranteed. Within the limits of the law, everybody has the right to express his ideas freely by word, writing, by picture, or otherwise.
Art. 15 The press is free within the limits laid down by the law. Preventive is forbidden. Warnings, suspension, or suppression of newspapers by administrative means are also forbidden except in case where it may be necessary to have recourse to such means for the protection of social order.
Art. 16 No restriction may be imposed upon the free use of any language in private communications, in commerce, in religious matter in the press, or in publications of all kind as well as in public meetings.
Art. 17 Instruction is free in every respect that is not contrary to public order or morality.
Art. 18 Public instruction is regulated by law.
Art. 19 Elementary obligatory for young Egyptians of both Sexes. It is free in the public schools.
Art. 20 Egyptians have the right to hold meetings peaceably and unarmed. The police may not be present at their meetings, and it not necessary to give notice of them to the police. This arrangement does not apply to public meetings which are subject to the stipulation a of the law, and cannot hinder or restrict any measure to be taken for the protection of social order.
Art. 21 Egyptians have the right to form societies. The law govern the exercise of this right.
Art. 22 Egyptians have the right to address the public authorities by means of signed petitions. Constituted authorities and respectable persons alone have the right to present petitions signed collectively.
Art. 23 All authority comes from the nation. It is exercised in the manner established by the present Constitution.
Art. 24 The legislative power is exercised by the King, concurrently with the Senate and the Chamber of Deputies.
Art. 25 No law will be promulgated if it has not been voted by Parliament and sanctioned by the King.
Art. 26 The laws are operative throughout Egypt in virtue of their promulgation which is effected by the King, and which follows their publication in the Official Journal.
They will be carried out in each part of Egypt from the moment when their promulgation can become known.
The promulgation shall be considered to be known throughout Egypt thirty days after the publication.
This period may be shortened or prolonged by formal provision of the law.
Art. 27 The law applies only to the future. It has no retrospective effect, except in cases provided for by special provision.
Art. 28 The initiative in the laws belongs to the King, to the Senate and to the Chamber of Deputies. However, the creation of a new tax or the increase of an existing tax cannot take place except on the initiative of the King and of the Chamber of Deputies.
Art. 29 The executive power resides in the King, under the conditions established by the present Constitution.
Art. 30 The judicial power is exercised by the courts of various jurisdictions and degrees of power.
Art. 31 The decision and judgments of the various courts are delivered and carried wit in conformity with the law, and in the Rings name.
the king and his ministers
Art. 32 The Throne of the Kingdom of Egypt is hereditary, in the dynasty of Mohamed Aly.
The succession to the Throne will take place in accordance with the order established by the Rescript of the 15th day of Chaaban, 1340 (April 13, 1922).
Art. 33 The King is the supreme head of the State. His person is inviolable.
Art. 34 The King sanctions and Promulgates the laws.
Art. 35 If the King does not judge it expedient to sanction any bill passed by Parliament, lie will refer it back within a month fur re-examination.
Failure to send it back within this period of time shall mean approval, and the law shall be promulgated and come into force.
Art. 36 If the bill is referred back for re-examination within the above-stated period of time and is passed a second time by a majority of two thirds of the members composing each of the two chambers, it will have the force of law and will be promulgated.
Failing this majority, the discussion of it will not be taken up again during the same session.
If at a later session Parliament passes the same bill by an absolute majority of votes, the bill will become law and will be promulgated.
Art. 37 The King makes, the necessary regulations for the carrying out of the laws, in a manner which does not modify or suspend the laws themselves, nor exempt them from execution.
Art. 38 The King has the right to dissolve the Chamber of Deputies.
Art. 39 The King can adjourn the sitting of Parliament. In no case can the adjournment exceed a month, nor be renewed during the same session without the consent of the two chambers.
Art. 40 In case of necessity, the King can convoke an extraordinary session of Parliament. This convocation will also take place when it is asked for by petition signed by a majority of the members composing either one or other of the chambers. The King pronounces the closure of an extraordinary session.
Art. 41 If in the interval of the sessions of Parliament it is necessary to take urgent, measures which cannot wait, the King delivers decrees which have the force of law, provided that they are not contrary to the Constitution. Parliament should be convoked immediately, in extraordinary session, and these decrees submitted to it at its first meeting. If these decrees are no submitted to Parliament, or if they are rejected by either of the two chambers, they will cease to have the force of law.
Art.42. The King opens the ordinary session of Parliament by a speech from the Throne, addressed to the two chambers meeting together in session, setting forth the situation of the country. Each of the two chambers will present, all address in reply to the speech.
Art. 43 The King creates and confers civil and military ranks, decorations, and all other distinctions. He has the right to coin money, in execution of the law. He has the right of pardon and of commutation of punishment.
Art. 44 The King organizes the public services; he nominates and dismisses officials within the conditions determined by the law.
Art. 45 The King declares martial law. The, declaration of a rιgime of martial law must be immediately submitted to Parliament, which we decide if there is cause to confirm or abolish it. In the event o declaration of martial law having been made when Parliament was no sitting, Parliament must be convoked at once.
Art. 46 The King is the supreme commander of the land and . forces. He nominates and dismisses the officers. He declares . makes peace, and concludes treaties which he communicates to Parliament when the interest and safety of the State permit it, accompanied . suitable explanations.
In any case, a war of offence may not be declared without the consent of Parliament. Treaties of peace, of alliance, of commerce, of navigation, as well as those which involve either a modification of the territory of the State, or a diminution of its sovereign rights, or an expenditure of State funds, or which are prejudicial to the public or private rights of Egyptian citizens, will not be valid except after having received the consent of Parliament.
In no case can the secret articles, of a treaty be destructive of the published ones.
Art. 47 The King cannot be simultaneously the head of another state without the consent of Parliament.
Neither of the two chambers can deliberate on this question unless at least two-thirds of the members are present, and no resolution can be adopted except by a majority of two-thirds of the members who are present.
Art. 48 The King exercises his powers through the intermediary of his ministers.
Art. 49 The King appoints and dismisses his ministers. He appoints and recalls diplomatic representatives on the proposal of the Minister of Foreign Affairs.
Art. 50 Before assuming his constitutional powers, the King delivers the following oath, in the presence of both chambers. I swear, by Almighty God, to observe the Constitution and laws of the Egyptian people, to maintain the countrys independence and the integrity of its, territories.
Art. 51 The Regents cannot assume office except after having delivered, before both chambers, the oath described in Article 50, with the words added, and to be faithful to the King.
Art. 52 At the Kings death, the chambers meet without being convoked, within the ten days following the announcement of the decease.
If the Chamber of Deputies has been dissolved, and in the act of dissolution, convocation has been arranged for, for a date later than the expiry of the ten days, the original chamber takes up its office again, till tile meeting of that which is to replace it.
Art. 53 In the absence of all heir to the Throne, the King may name his successor, with the consent of the two chambers, assembled in congress. To render their deliberations valid, the presence of three-quarters of tile members of each chamber, and a majority of two-thirds of the votes is necessary.
Art. 54 In case of a vacancy for the Throne, owing to the absence of anyone with a right to it, or of a successor nominated in conformity with Article 53, the two chambers will meet in congress immediately, with the full right of electing a King. This election must take place within eight days of their meeting.
For the validity of this election, the presence of three-quarters of the members of both chambers and a majority of two-thirds of the votes are necessary.
In case the election has not been e effected in the period mentioned above, the united chambers will proceed to the election on the ninth day, no matter what is the number of members present or the relative majority of votes cast.
If the Chamber of Deputies is dissolved at the moment when the Throne becomes vacant, it will take up its functions again till the chamber which is to replace it meets.
Art. 55 From the date of the Kings decease till the delivery of the oath of his successor to the Throne or of the Regents, the constitutional powers of the King are exercised in the name of the Egyptian people, by the council of ministers and under its responsibility.
Art. 56 At each accession to the Throne, a law fixes for the duration of the reign tile civil list of the King, is also that of the royal family. The law also fixes the allocations to the Regents, which will be deducted from the civil list of the King.
Art. 57 The council of ministers is at the head of the state services.
Art. 58 No one can be minister who is not an Egyptian.
Art. 59 No member of the reigning dynasty can be a minister.
Art. 60 The acts of the King in relation to the affairs of the State have effect only if they are countersigned by the president of the council of ministers awl the competent ministers.
Art. 61 The ministers are conjointly responsible before the Chamber of Deputies for the general policy of the government and individually for the acts of their respective departments.
Art. 62 In no case can a verbal or written order of the King exempt a minister from his responsibility.
Art. 63 The ministers have free access to the chambers and must be heard every time they request it. But they can only vote in either chamber if they are members of it. They can be assisted or represented there by the high officials of their departments. Each of the chambers can demand the present of the ministers it their sittings.
Art. 64 No minister can acquire or rent any property belonging to the State even by public, auction. Further, they cannot during the exercise of their functions, be directors of any company or take an active part in any commercial or financial enterprise.
Art. 65 When the Chamber of Deputies declares that it has no confidence in the cabinet, the ministry must resign. If the vote refers only to one minister, the minister concerned must resign.
Art. 66 The Chamber of Deputies alone has the right to impeach the, ministers for any infractions committed by them in the exercise of their functions. The impeachment can be made only by a majority of two-thirds of tile votes. The Special Court of Justice alone has the right to judge the ministers for any such infractions. The chamber will nominate some of its members to present the accusation before the court in question.
Art. 67 The Special Court of Justice is formed, under the president of the highest native court, of sixteen members of which eight are senator. chosen by the drawing of lots, and eight Egyptian magistrates of that court in order of length of service. In case of an insufficient number of magistrates, this number will be completed by the presidency of the president of the highest native court, of sixteen members, of which eight are senators chosen by the drawing of lots, and eight Egyptian magistrates of that court in order of length of service. In case of an insufficient number of magistrates, this number will be completed by the presidents of the courts or tribunals below, or, failing this, by magistrates of these courts or tribunals, always ill order of length of service.
Art. 68 The Special Court of Justice will apply the penal code for the infractions in question. A special law will establish cases of responsibility not covered by the code.
Art. 69 The sentences of the Special Court of Justice ire rendered by a majority of twelve votes.
Art. 70 Pending the promulgation of a special law, the Special Court of Justice will itself lay down the procedure to be followed for the trial of the ministers.
Art. 71 The minister impeached by the Chamber of Deputies is suspended from his functions until such time as the Special Court of Justice has decided his case. The resignation of the minister shall not prevent the institution or the continuation of the proceedings.
Art. 72 The minister condemned by the Special Court of Justice can be pardoned only with the consent of the Chamber of Deputies.
Art. 73 Parliament is composed of two chambers, the Senate and the Chamber of Deputies.
Art. 74 The Senate is composed of senators, two-fifths of whom are nominated by the King and three-fifths by universal suffrage, in conformity with the electoral law.
Art. 75 Each moudirieh, or governorate of 180,000 inhabitants or more elects one senator for each 180,000 inhabitants, or fraction of 180,000 not less than 00,000. A mudirieh or governorate of less than 180,000 inhabitants, but not less than 90,000, elects a senator. A governorate of less than 90,000 inhabitants elects a senator provided that the electoral law does not attach it to another governorate or a mudirieh.
Art. 76 A mudirieh or governorate or part of a mudirieh or governorate which elects a senator constitutes an electoral constituency (district).
A law will determine the electoral districts, assuring as far as possible equality among the mudiriehs and governorates having the right to elect more than one senator. The law will, in any case, consider the chief center of a mudirieh comprising less than 180,000 inhabitants but not less than 90,000 as forming a distinct electoral district. In this case, the other parts of the mudirieh will be considered as a distinct mudirieh both as regards the determination of the number of senators to be elected and the determination of the electoral districts.
Art. 77 Besides the conditions stipulated by the elector must not be less than forty years of age according to the reckoning of the Gregorian calendar.
Art. 78 To be elected or appointed senator, one must; belong to one of the following categories.
(1) Ministers; diplomatic representatives; presidents of the Chamber of Deputies; under secretaries of state; presidents and judges of the court of appeal or of jurisdictions or superior legal standing; procureurs general; batonniers of the order of advocates; government officials of the lank of director general or above, still in the service or retired.
(2) High representatives of the ulemas and the clergy; retired army officers of the rank of lewa or of higher rank; deputies who have been members of the chamber during two of its legislative periods; property owners paying taxes of no less than £E. 150 yearly; persons having an annual revenue of at least £E. 1500 and engaged in financial, commercial, or industrial enterprise, or following a professional career all the foregoing, under reserve of the incompatibility of functions stipulated by the Constitution or by the electoral law.
For the Mudirieh of Aswan, the minimum amount of the tax and of the annual revenue will be fixed by the electoral law.
Art. 79 The duration of the commission of a senator is ten years.
Half of the senators elected or nominated are returned every five years. Retiring senators are eligible for re-election or re-nomination.
Art. 80 The president is nominated by the King.
The Senate elects two vice-presidents from among its own members.
The president and vice-president are appointed for two years and are re-eligible.
Art. 81 In the case of the dissolution of the Chamber of Deputies the session of the Senate will be suspended.
The Chamber of Deputies
Art. 82 The Chamber of Deputies is composed of elected members on the basis of universal suffrage, conformable to the dispositions of the electoral law.
Art. 83 Each mudirieh or governorate comprising 60,000 inhabitants or more, elects one deputy per 60,000 inhabitants or fraction of 60,000 inhabitants not less than 30,000. A mudirieh or governorate of less than 60,000 inhabitants but not less than 30,000 elects a deputy. A governorate of less than 30,000 inhabitants elects one deputy, provided that the electoral law does not attach it to another governorate or a mudirieh.
Art. 84 A mudirieh or governorate or part of a mudirieh or governorate which elects a deputy constitutes an electoral district.
A law will determine the electoral districts assuring as far as possible equality among the mudiriehs and governorates having the right to elect more than one deputy. However, the law shall be able to consider the chief center of a mudirieh. of less than 60,000 inhabitants, but not less than 30,000 as forming a distinct electoral district. In this case, the other parts of the mudirieh shall be considered as a separate mudirieh, both as concerns the determination of the number of deputies to be elected and the determination of the electoral districts.
Art. 85 A deputy must, apart from the conditions stipulated by the electoral law, be not less, than thirty years of age as reckoned by the Gregorian calendar.
Art. 86 The duration of the mandate of a deputy is five years.
Art. 87 At the commencement of each ordinary session, the chamber elects from among its members a president and two vice-presidents. The president and vice-presidents of the chamber are re-eligible.
Art. 88 If the Chamber of Deputies is dissolved owing to a vote on a question, the new chamber cannot be dissolved for the same question.
Art. 89 The act of dissolution of the Climber of Deputies must provide for the new elections to be held within a period of two months, for the reassembling of the chamber within ten days after the holding of the elections.
Provisions Applying to Both Chambers
Art. 90 Parliament has its seat in Cairo. However, should it be necessary, its seat may be fixed elsewhere by a law. Every meeting held other than in the place set apart for Parliament is illegal and devoid of authority.
Art. 91 A member of Parliament represents the whole nation. No imperative charge can be given him by the electors or by the power which appoints him.
Art. 92 No one can be both a senator and a deputy at the same time. All other cases of incompatibility will be determined by the electoral law.
Art. 93 Princes and nabils of the royal dynasty may be appointed senators; but they are not eligible for either one or the other chamber.
Art. 94 Before being admitted to the exercise of their office, senators and deputies shall swear, in the council hall and in public session, an oath of loyalty to the country and the Throne, and swear to obey the Constitution and the laws of the country, and to carry out their official duties conscientiously.
Art. 95 Each of the two chambers is alone competent, to judge of, the validity of the mandate of its own members. No mandate can be invalidated except by a majority of two-thirds of the votes.
A law can confer the exercise of the power of rendering a mandate valid on another authority.
Art. 96 Parliament is convoked each year by the King, in ordinary session, before the third Saturday in November. Failing this convocation, it meets with full authority at this latter date.
All ordinary session will last at least six months.
The King pronounces the closure of the session.
Art. 97 The sessions are common to the two chambers, or of one of them outside, the legal time, are illegal, and the resolutions adopted are devoid of authority.
Art. 98 The sittings of the chambers are public. In any case, however, each chamber can form itself into a secret committee the demand of the government or of ten members. It then decides the discussion ought to be taken up or not again, in open session, on the same subject.
Art. 99 Neither of the two chambers can pass unless a majority of its members are present at the sitting.
Art. 100 Except in the cases where a special majority is necessary, resolutions are passed by all absolute. majority of votes. If the number of votes is equal on both sides, the resolution its rejected
Art. 101 Votes are given by audible word of mouth or by standing or sitting. On the whole of the and in the Chamber of Deputies on the question of confidence, votes are always taken by call of the house, and in audible voice. Ministers always have the right, in the Chamber of Deputies, to demand an adjournment for eight days of the discussion of every vote of non-confidence proposed against them.
Art. 102 Every bill, before being discussed, must be. referred to a commission of the chamber, for examination and report oil it.
Art. 103 Every bill presented by one or several numbers must be referred to a commission specially charged to examine it and decide whether there is good cause for the chamber to consider it. In case the chamber undertakes to consider it, this will be carried out in the manner described in Article 102.
Art. 104 A bill cannot be adopted by either chamber, except after having been voted oil article by article. The chambers have the right to amend or to divide the articles, and the amendments proposed.
Art. 105 Every hill voted by one of the two chambers will be transmitted by its president to the president of the other chamber.
Art. 106 No bill, initiated in Parliament, and rejected by Parliament, call be presented again during the same session.
Art. 107 Every member of Parliament has the right to address questions or interpellations to ministers, under conditions which shall be determined by the internal rules and regulations of each chamber. In any case, the discussion of interpolations cannot take place before at least eight days after their presentation, except in case of urgency and of the consent of the minister questioned.
Art. 108 Each chamber has the right of enquiry to enlighten itself on questions decided coming within its competence.
Art. 109 Members of Parliament may not be disturbed owing to opinions expressed or votes given by them in the chambers.
Art. 110 No member of either chamber may be sued or arrested during the duration of the session, in matters of repression, except with the authorization of the chamber to which lie belongs, save in cases of flagrante delicto.
Art. 111 Members, of Parliament, other than those who exercise public offices compatible with their parliamentary mandate, cannot, during the period of their mandate, accept any rank or decoration, except military ones.
Art. 112 No member of Parliament can be deprived of his mandate, except in virtue of a resolution passed by the chamber to which he belongs. Except for the cases of incompatibility and of forfeiture allowed for by the present Constitution or by the election law, a decision in the matter cannot be taken except by a majority of three-quarters of the members composing the chamber.
Art. 113 In case a seat becomes vacant in either chamber, by death, resignation, or otherwise, the vacancy shall be filled within two months by means of election or nomination as may be necessary. The period of two months will run from the date of the advice of the vacancy given to the government by the chamber. The mandate of the new member will only last until the expiry of that of the member whom he replaces.
Art. 114 The general elections for the Chamber of Deputies will take place within the period of sixty days which precede the expiry of its mandate.
If the elections have not taken place within the said period, the mandate, of the old chamber is prorogued until the said elections.
Art. 115 The renewal or replacing of the Senate by half its numbers, either by means of elections, or by nomination, must take place within the sixty days which precede the expiry of the mandate of the retiring senators.
If the renewal has not taken place within the said period, the mandate of the retiring senators is prorogued until the election or nomination of the new senators.
Art. 116 It is forbidden to address petitions in person to the chambers. Each chamber has the right to refer to the ministers the petitions which are addressed to it. The ministers should furnish explanations to the chamber regarding the petitions when the latter asks for them.
Art. 117 Each of the two chambers alone has the right to maintain order in its own body by the intermediary of its president.
No armed force may penetrate into either chamber, or be posted near the doors, except by the presidents orders.
Art. 118 The members of Parliament receive all annual compensation which will be fixed by a law.
Art. 119 Each chamber determines its own procedure, and the manner in which it exercises its functions.
Meetings in Congress
Art. 120 Besides their meetings with full authority (separately), both chambers will meet together in congress on being convoked by the King.
Art. 121 Each time the two chambers meet in congress, the presidency belongs to the president of the Senate.
Art. 122 Congress can legally pass resolutions only when an absolute majority of members of each of the two chambers composing congress is present at the sitting. In voting on these resolutions, congress will conform to the regulations of Articles 100 and 101.
Art. 123 The meeting of the two chambers in congress, during the ordinary or extraordinary sessions of Parliament, is no obstacle to the continuation of their constitutional functions by each of the two chambers.
Art. 124 The judges are independent; in the administration of justice, they submit to no other authority than that of the law. No authority of the government may interfere in the function of the law.
Art. 125 The law organizes the various jurisdictions and determines their powers.
Art. 126 The judges are appointed in the manner and according to the conditions determined by the law.
Art. 127 The law fixes the limits and the conditions of the irremovability of the judges.
Art. 128 The appointment and dismissal of officials of the parquet before the law courts takes place according to conditions determined by the law.
Art. 129 The sittings of the law courts are public, unless the court orders the holding of a sitting in camera in the interests of public order and morality.
Art. 130 Every man accused of a crime must have counsel to defend him.
Art. 131 A special law regulates the organization and powers of the military courts as well as the qualifications of those who dispense justice in them.
provincial and municipal councils
Art. 132 Tile provinces, towns, and villages are legally considered as individuals who have public rights, under the conditions laid down by the law for the exercise of these rights.
They are represented by provincial councils, and also by the different municipal councils.
Their limitations are fixed by law.
Art. 133 The organization and the powers o the provincial councils, and the different municipal councils as well as their relations with the different powers of the State are determined by law. This law should observe the following principles.
(1) The selection of members of these councils by election, except in the case of those who the law states shall be Appointed by nomination.
(2) The powers of these councils in all that concerns municipal or provincial matters, without prejudice to the approval of their acts will be determined by law.
(3) The publication of budgets and accounts.
(4) The publication of the accounts of sittings, within the limits established by law.
(5) The intervention of the legislative power or the executive power to prevent these councils from exceeding their powers to the prejudice of the public interest, and to annul any of this nature done by these councils.
Art. 134 No tax can be imposed, modified, or abolished except by law.
No other contribution, tax or claim can be exacted from the inhabitants except within the limits of the law.
Art. 135 No one shall be exempted from the payment of taxes except in specific cases provided for by law.
Art. 136 No pension or indemnity, no grant or gratuity, can be paid by the treasury, except as sanctioned by law.
Art. 137 No public loan, or any engagement burdening the treasury can be contracted without the consent of Parliament.
No concession which has for its object the exploiting of the national riches of the country, or a service of public utility, and no monopoly can be granted except in virtue of the law and for a limited period.
The previous approval of Parliament is necessary for the establishment or abolition of all railway lines, public roads, canals, drains, or other works of irrigation which concern more than one province, as well as for all free alienation of state domain.
Art. 138 The general budget of state receipts and expenditures must be submitted to Parliament for examination and approval at least three months before the beginning of the financial year.
The financial year is fixed by law.
The budget is voted oil, title by title.
Art. 139 The budget is first discussed and voted on in the Chamber of Deputies.
Art. 140 The session of Parliament cannot he closed before the vote on the budget has been taken.
Art. 141 The titles in the budget relating to tile service of the public debt may not be the subject of any modification of a nature to prejudice the engagements entered into by Egypt in this respect. The same thing applies to all expenditure charged to the budget in execution of any international engagement.
Art. 142 If the budget law has not been promulgated before. the beginning of the financial year, the budget of the preceding year will be acted on until the promulgation of the new one.
In ally case if the titles of the budget have already been passed by the chambers, they can be put into operation provisionally.
Art. 143 All expenditure not allowed for in the budget or ill excess of the amount budgeted for, as well as all transfers of funds from one head of the budget to another, must be approved by Parliament.
Art. 144 The final accounts of the administration of the finances for the period expired, will be presented to Parliament to be passed at the beginning of each ordinary session.
Art. 145 The preceding arrangements regarding the budget and the final government accounts are applicable to the general budget of receipts and expenditure of the ministry of Wakfs and to its annual final accounts.
THE ARMED FORCES
Art. 146 The size of the army is fixed by law.
Art. 147 The method of recruiting for the army, its organization, as well its the rights and duties of soldiers, are determined by law.
Art. 148 The organization and functions of the various police forces are determined by law.
Art. 149 The religion of the State is Islam Arabic is the official language.
Art. 150 Cairo is the capital of the Kingdom of Egypt.
Art. 151 The extradition of political refugees is forbidden, without prejudice to international agreements aiming at the protection of social order.
Art. 152 An amnesty cannot be granted except by law.
Art. 153 The law regulates file manner ill which the King exercises his powers, in conformity with the principles of the Constitution, in so far as concerns religious foundations, the appointment of heads of religious bodies, the Wakf property entrusted to the management of the ministry of Wakfs, and in general all matters concerning the faiths admitted in the country. In the absence of any provision, these powers will continue to he exercised in accordance with the rules and usages at present ill force.
The prerogatives with which the King is personally invested in his quality of head of the royal family continue to be governed by Law No. of 1922 regulating the status of the royal family.
Art. 154 The application of the present Constitution cannot have its effect any prejudice to the obligations of Egypt to foreign states, nor the rights which foreigners may have acquired in Egypt by law, treaty, or recognized custom.
Art. 155 Nothing laid down by the present Constitution can, any pretext whatever, be suspended, except temporarily, in time of war martial law, and in the manner fixed by law. In no case can the meeting of Parliament, under the conditions laid down by the present Constitution, be impeded.
Art. 156 The King, as also the two chambers, may propose the revision of the present Constitution, either by the modification or abolition of one or of several of its stipulations, or by the addition of new ones.
In any case, however, the stipulations relative to the representative parliamentary form, to the order of succession to the Throne, and to the principles of liberty and equality guaranteed by the present Constitution may not be made the subject of a proposal for revision.
Art. 157 To revise the Constitution, each of the chambers, by a resolution passed by an absolute majority of all the members, declares the necessity for the revision and specifies its object.
Once this resolution has been sanctioned by the King, the two chambers, in with him, pass enactments on the points to be revised. Each of the two chambers can only pass resolutions if two-thirds of the members are present, and if the resolutions are passed by a majority two-third of the votes.
Art. 158 No revision of the Constitution on the subject of the rights of the Crown may take place during a regency.
Art. 159 The present Constitution applies to the Kingdom of Egypt. This stipulation does not prejudice Egypts rights in the Sudan.
FINAL AND TRANSIENT CLAUSES
Art. 160 The title which the King of Egypt will bear will be decided after the authorized delegations have fixed the definite status of the Sudan.
Art. 161 The civil list of His Majesty the King is fixed at £E. 150,000; that of the royal family at £E. 111,512.
These allocations will remain unaltered during his reign, but they may be increased by decision of Parliament.
Art. 162 The choice of the senators retiring at the end of the first five years will be made by drawing lots.
The mandate of those senators and deputies chosen for the first legislature will expire on October 31, 1928.
Art. 163 The present Constitution will come into operation from the moment, of the meeting of Parliament.
Art. 164 With regard to administration of the affairs of State and the legislation relative to it from the date of the publication of this Constitution to the time when Parliament meets, the principles and measures which are now being followed will remain in force. It is, however, necessary to see that none of the fundamental principles embodied in this Constitution are violated.
Art. 165 The budget for the financial year 1923-1924 will be submitted to Parliament at its first session. The budget law for the said year will only have effect as far as concerns the remainder of the year from the date of its publication.
The final accounts of the financial administration for the year 1922-1923, which has been approved by the council of ministers, will be just as efficacious as if it had been approved by Parliament.
Art. 166 Until otherwise arranged by law, in case of a disagreement existing between the two chambers on the approval of a title of the budget, such disagreement will be solved by a meeting of the two chambers united in congress, and the matter settled by a majority vote.
Art. 167 The stipulations of laws, decrees, orders, regulations, resolutions, decisions, and all other acts or measures imposed in the past, and will remain in force, on rules and forms adopted up to the present time condition that their execution is in harmony with the principles of liberty and equality guaranteed by the present Constitution, all without prejudice to the right of the legislative power to abrogate or modify them, within the limits of its power, but without prejudice to the principle of the non-retroactive effect of the laws sanctioned in Article 27.
Art. 168 The stipulations of Law No, 28 of 1922 governing the liquidation of the estates of the ex-Khedive, Abbas Hilmi Pasha and restricting his rights are considered as having a constitutional character; they cannot be made the subject of a proposal for revision.
Art. 169 The laws which should be presented to the legislative assembly, under the terms of Article 2 of the Decree of 28 Zil Kadeh 1332 (October 18, 1914) will be tabled in the course of Parliaments first session, in both chambers. In default of this they will cease to be in force for the future.
Art. 170 Our ministers are charged, each in so far as concerns him with the carrying out of the present Constitution.
Signed at Abdine Palace, Ramadan 3, 1341 (April 19, 1923).
A.J. Peaslee, Constitutions of Nations. Vol. I: Africa, Martin Nijhoff, 1965.
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