By Marina Ottaway
From the moment when Hosni Mubarak fell from power in February 2011, few issues
have proved more divisive in Egyptian politics than the writing of a new
constitution. Now, even though the formal process is theoretically coming to an
end, the battle over the constitution is drawing the country dangerously close
to an all-out civil war. The constituent assembly, Egypt's constitutional
committee, has approved a draft of the document, which will be submitted to a
popular referendum, and probably approved, on December 15. Secular forces,
however, oppose the constitution -- its passage would mark a return to politics
as usual in which Islamist parties have the upper hand, liberals remain on the
fringes, and authoritarianism could reemerge, this time under the auspices of
the Muslim Brotherhood.
To prevent the approval of the constitution,
secularists have taken to the streets in increasingly large demonstrations,
denouncing the constitution and President Mohamed Morsi as illegitimate and
threatening massive civil disobedience. If Islamist parties mobilized their
followers in response, something they have so far refrained from doing on a
large scale, violence would be inevitable. A major flare-up could split the
security forces and confront the military with a dilemma: either seize power
again, as it did after the overthrow of Mubarak, or sit on the sidelines as the
country descends into chaos. Neither option is palatable for the generals,
since picking a side and intervening in political squabbles could cause a deep
rift within the military itself.
Secularists allege that the Islamists who dominated
the constituent assembly pushed through a constitution that does not respect
liberal values. Their fears were only further stoked by Morsi's decree that put
his edicts above the reach of the courts. In their thinking, only popular
protests could save the country from a return to Mubarakism. The Islamists,
meanwhile, see themselves as the guardians of the democratic transition. From
their point of view, the secularists are mobilizing the institutions of the
Mubarak state, particularly the courts, in an attempt to undo the results of
democratic elections that the Islamists won. According to this narrative,
secularists used politicized courts to engineer the dissolution of the
parliament and the first constituent assembly. Morsi, then, was quite justified
in trying to protect the second constituent assembly by placing it out of reach
of the judiciary.




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