Drafting the Egyptian Constitution: a Comparative Analysis Between the Drafting Committees of the 2012 and 2014 Constitutions

Abstract

This article analyzes the significant role the constitutional drafting committees of the 2012 and 2014 Egyptian Constitutions played in shaping Egyptian constitutionalism. It investigates how these committees were selected, along with their composition, their members’ political backgrounds and legal expertise, their policies and aims as well as the contexts of the drafting of both constitutions. It also examines the written preliminary works of the drafting committees, as well as the video-recorded meetings. This article argues that a multi-level independent constitutional drafting committee composed of technical experts and lay people effectively facilitates the drafting of democratic constitutional provisions.