Egypt's Morsi, judiciary in parliament tug of war

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CAIRO: Egypt’s top court has rejected a decree by President Mohamed Morsi to reinstate the parliament it ruled invalid, setting him on a collision course with the military which says the rule of law must be respected.

 

“All the rulings and decisions of the Supreme Constitutional Court are  final and not subject to appeal... and are binding for all state institutions,”  the court said in a statement Monday.
 
The powerful Supreme Council of the Armed Forces (SCAF), which handed the  rules of power back to Morsi last month after he was elected, echoed the court  in a statement saying the constitution and rule of law must be upheld.
 
The SCAF, which ruled Egypt after former president Hosni Mubarak was ousted  last year, underlined the “importance of the constitution in light of the  latest developments,” the official MENA news agency reported.
 
Islamists scored a crushing victory in three-stage parliamentary elections  held from November last year, with the Muslim Brotherhood, Morsi’s former  organisation, heading the lower house.
 
But the military dissolved parliament last month after the top court made  its controversial ruling a day before the second round of the presidential poll  that saw Morsi become Egypt’s first democratically elected head of state.
 
The Supreme Constitutional Court had said certain articles in the law  governing the parliamentary elections were invalid, annulling the Islamist-led  house.
 
But Morsi on Sunday ordered the lower house to reconvene, and parliament  speaker Saad al-Katatni has invited members to meet at 2:00 pm (1200 GMT) on  Tuesday, in line with the presidential decree.
 
The Muslim Brotherhood said it “will participate (Tuesday) in a million-man  march in support of the president’s decision and reinstating parliament.”    The court’s move could spark a confrontation between Morsi, who stepped  down from the Brotherhood when he was sworn in last month, and the SCAF as well  as the judiciary.
 
The presidency insisted the decree “neither contradicts nor contravenes the  ruling by the constitutional court.”    
 
The ruling does not need to be implemented immediately, said presidential  spokesman Yasser Ali, arguing that Morsi’s decision “takes into account the  higher interest of the state and the people.”    
 
The latest confrontation prompted the United States on Monday to urge Egypt  to respect “democratic principles.”    
 
US Secretary of State Hillary Clinton is due in Egypt on July 14 to express  US support for the process of democratic transition in the US ally state.
 
Washington lavishly supported Mubarak during his 30 years in power but  analysts say US officials will now have to work with multiple centers of power  — including a military seen as restricting Morsi’s room for maneuver.
 
During a visit to Cairo, German Foreign Minister Guido Westerwelle held out  the prospect of fresh investment and trade if Egypt continues on the road of  democratic progress Germany has been one of the biggest financial backers of Egypt’s  transition, but investment and tourism have lagged as a result of the political  turmoil in the country.
 
The constitutional court stressed that it was “not a part of any political  conflict... but the limit of its sacred duty is the protection of the texts of  the constitution.”    
 
The SCAF also insisted that the texts of the constitution must be upheld.
 
It was not clear how the court’s ruling would be enforced.
 
Morsi’s decision caused a “political earthquake,” some media reported on  Monday, and it also angered some secular parties which had slammed the Muslim  Brotherhood’s monopolisation of power since the start of the uprising.
 
“In any decent and democratic country, a president cannot disrespect the  judiciary,” said Rifaat al-Said, head of the leftist Al-Tagammu party.
 
“Whether Morsi likes it or not, he must respect the judiciary’s decisions,”  he told state television.
 
After parliament was annulled last month, the SCAF issued a constitutional  declaration granting the military sweeping powers, and in the absence of a  parliament — in which nearly half of seats were won by the Brotherhood and  another quarter by hardline Salafists — it assumed legislative power.
 
SCAF’s document, which rendered the presidency toothless, caused outrage  among those calling for the military to return to barracks.
 
Instead of being sworn in before parliament, the 60-year-old Morsi took the  oath on June 30 before the constitutional court. AFP
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