The President has referred the Judicial Appointments Commission Bill to the Supreme Court to consider whether it is unconstitutional – as it might well be, given the precedent it may set
The President’s reference of the Judicial Appointments Commission Bill to the Supreme Court is only the 16th time it has happened since the Constitution came into operation in 1937.
Before considering the contentious aspects of the bill, it is first important to understand what the Constitution says about the appointment of judges. The referred bill proposes the establishment of a new statutory body, to be known as the Judicial Appointments Commission, that will recommend to the Minister for Justice eligible candidates for judicial office.
The system that operates at present is that the Judicial Appointments Advisory Board makes recommendations to the minister, and government is then required to first consider for appointment those recommended. Those who say the bill is unconstitutional will contend that this change constitutes an impermissible interference in the constitutional right of the government to advise on the appointment of judges.
The argument in favour of constitutionality has the advantage that the bill enjoys the presumption of constitutionality. This argument will also highlight that the restriction in Article 13 should be read as a restriction on the President, not the government; and that the government is entitled to set up a statutory framework in order to improve the advice it is required to give the President on such an important issue.
مصر أحدث الأخبار, مصر عناوين
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