Basic Regulations (1882)


January 20, 2022

The Basic Regulation 1882, popularly known as the Constitution of Egypt 1882 promulgated during the reign of Khedive Tawfiq to replace the Constitution of 1879. This constitution is a link in the history of constitutional law in Egypt and is part of its development stages. It is a modest attempt to implement a democratic system under an Ottoman mandate represented by the family of Muhammad Ali. This constitution was issued as an attempt to confirm Egypt's non-subordination to the Ottoman Empire and in a renewed attempt by Khedive Tawfiq to obtain autonomy and to make governance in Egypt based on foundations, the most important of which is the Parliament's oversight of the government's work represented by the Council of Principals, or Ministers, which makes this constitution close to the model. Constitutional law for a legal state - relatively - even if it does not rise to the level required for a legal state. It is expected from the constitution that it adopts the function of oversight on the one hand and legislation on the other hand for the House of Representatives, and makes the government represented by the Council of Priests accountable to the House of Representatives, which is the representative of the Egyptian nation. Perhaps the most prominent indications of this constitution is its adoption in the midst of a political struggle and controversy in the midst of the crisis of foreign intervention, and the presence of the Urabi revolution in the arena. This constitution also carried Khedive Tawfiq's directions and his desire to control the reins of ruling Egypt, which inherited the outrageous debts of Khedive Ismail, and suffered from the disintegration of government control over parts of the Egyptian region. Perhaps the most important content of the Constitution of Egypt in 1882 is the creation of a House of Representatives and a statement of the relationship between it and the government (the Council of Priests), but it is a constitution that falls short of including the basic rights and freedoms of the citizen in Egypt, as it did not address them.

Parliament representing the Egyptian nation

The constitution created a parliament called the House of Representatives, whose seat is guarded in Egypt (i.e. Cairo) dependent on the election of deputies, and the work of the parliament lasts for five years, and this parliament is not dissolved except in the case of a persistent dispute between the Council of Supervisors and it, if the dispute persists and the cabinet (Ministry) does not exist By exemption (resignation), the Khedive shall abolish the Council and call for the election of a new House of Representatives that represents the sovereignty of the Egyptian nation. So that if a new House comes and approves the opinion of the previous Council that was in dispute between him and the Council of Principals (the government) then the opinion of the Council becomes final and is implemented.. The council plays a representative role for the Egyptian nation as a whole, and it has to hold the government (the principal) accountable and ask for clarifications. The principals (ministers) must respond to the calls of the House of Representatives to attend, so that the House of Representatives can carry out its work.

Functions of Parliament

The constitution has adopted the two functions of oversight on the one hand, and the function of enacting laws and enacting legislation on the other hand, according to certain mechanisms and methods that are considered according to legal considerations.

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