Source: NPR

The Egyptian constitution presents serious problems to the demands of protesters seeking to transition from the Mubarak regime to a democracy, said Nathan Brown on NPR’s Morning Edition. If the opposition tries to amend the Egyptian government within the framework of existing system, it faces a series of constitutional traps and challenges. For example, Brown said, if President Mubarak resigns, the constitution mandates a presidential election must take place in 60 days, giving the opposition little time to organize.  

Brown noted that “if the opposition chooses to go by the book there are very few constitutionally valid means to transition to a democratic, pluralist system.”  The Mubarak regime has written and amended the constitution to enable the president to constitutionally limit the options of the opposition. In effect, “the constitution does not give Egyptians citizens the means to challenge the state,” Brown said.  

However, Egypt faces two chief problems if it chooses to turn its back on the country’s constitution entirely, Brown warned. First, writing a new constitution would require disparate groups and interests to reach an agreement on the nature of the document and, second, the opposition would have to force the government to acquiesce in this endeavor. Ultimately, Brown said, the Egyptian constitution could help to maintain the status quo in Egypt.