2012년 이집트 헌법의 주요 내용 분석 및 평가

Analysis of the Main Articles of Egyptian Constitution 2012 and Its Evaluation -Focused on the Articles on Islam and Military-

This paper is intended to research the analysis of the main articles of Egyptian Constitution 2012 and its evaluation focused on the articles on Islam and military. The Egyptian Constitution 2012 was very familiar with other countries' constitutions in terms of the language, structure, and institutions. It was regarded as products of domestic political debates, particularly between MB and the military. But the opposition had raised questions and protests against some articles related with Islam, especially Article 4 and Article 219. In order to understand the meaning of Article 219, we have to start with the principles of the Islamic Sharia, which Article 2 of the Constitution 1971(amended in 1980, reproduced in th 2012 draft) proclaimed as the main source of legislation. In chapter Ⅱ, the history and changing process of Egyptian Constitutions were presented. In Chapter Ⅲ, the main topics of the Constitution 2012 were researched. In Chapter Ⅳ, the analysis of the Constitution 2012 and its evaluation focused on the Islam and the military were given. In Egypt, the interpretation of Article 219 fell into the Supreme Constitutional Court(SCC). The Islamic Sharia has provoked a lot of intellectual inquiries and questions from Constitution 1971. In Egypt, the Islamic Sharia has regarded as a authoritative tradition and principles. So in Constitution 2012, SCC had no choice except accepting Sharia as a tradition and treating it a little bit roughly and unimportant. Most of Article 219's terms came from the traditional Sunni methodology based on the Quran, Sunna, Qiyas, and Ijma. In Constitution 2012, Mursi and MB had tried to include an article to reduce the Military's political and economic power through the revision of the Constitution. But the Military had acknowledged MB's attention, and checked that article not being included in the Constitution. Since then, the relationship between MB and the Military had become worsen, and finally Mursi government was collapsed by the Military coup in 3rd July, 2013. So we can say that the reason of Mursi's downfall was not because of the Article 219, but because of the conflicts with the Military.