Gabriel Helou

1,400 “fake judges” were reported to be overseeing the constitutional referendum in Egypt. Employing “fake judges” to oversee the referendum process isn’t a smart move. On the contrary, it only harms the country. But, a pparently, the use of those judges aims at banning certain categories of the Egyptian people from casting their ballot.

Article 3 of the Constitutional Declaration promulgated by Morsi on 8 December 2012 set“15 December 2012” as the date to hold the referendum on the draft constitution for Egypt. On 12 December, Morsi issued a Presidential Decree stating that the referendum would be held in two stages, i.e: 15 and 22 December. A constitutional declaration can only be annulled or amended by another constitutional declaration, or by a constitution. A Presidential Decree doesn’t have the same legal effect as that of a constitutional declaration. Therefore, Morsi can’t change the date set by the Constitutional Declaration by means of a Presidential Decree. As such, his Decree violates Article 3 of the Constitutional Declaration, and is therefore null and void, and without any legal effect. The referendum must be held in one stage and in one day, as primarily set forth in Article 60 of the Constitutional Declaration promulgated by the Supreme Council of the Armed Forces on 30 March 2011. Arti...