Juan Cole: Top Ten Threats to the Legitimacy of Egypt's New Constitution

Although Morsi got his constitution, he won’t very likely have gotten the stability Egypt desperately needs for its economy to progress. The most recent analogous constitutional process, that of Iraq in 2005, was equally as contentious, and was opposed by even fewer Iraqis than opposed the Egyptian one. But the Sunni Arabs rejected it, and its passage arguably threw the country into civil war and long-term turmoil. Dr. Morsi likely will find that some victories haunt one.

Here are the things wrong with the way this constitution was passed:

1. The drafting committee or “Constituent Assembly” that produced this draft was not representative. It was dominated by Muslim Brothers and their supporters. After the courts ruled that members of parliament could not serve on it, some nevertheless did. It had no women on it. Some 22 members drawn from liberal, leftist, Christian and centrist currents had resigned in protest before this draft was suddenly completed on November 30.

4. The rules needed for observers to function properly were not issued in time, so that the Carter Center and other international organizations declined to send observers. The probity of the referendum is in doubt.

10. 56% is not a sufficient margin for the successful passage of a central organic law for a society. You could not at the moment even pass a statute in the US senate by that margin. If Morsi and the Brotherhood were wise, they would recognize that they have polarized the country and would hold elections for a new constituent assembly.

http://www.juancole.com/2012/12/top-ten-threats-to-the-legitimacy-of-egypts-new-constitution.html