Egypt's new president Mohamed Morsy has seen his decree recalling parliament overturned by the Egyptian Supreme Constitutional Court. He and his supporters are understandably angry that the legislature, in which Morsy’s own party the Muslim Brotherhood has the largest number of seats, has been dissolved by the same court, on the grounds that the election law was faulty. A new election must now be held.
There has to be a strong suspicion that the Supreme Constitutional Court has acted in each of these judgments, with the encouragement of the military council, which has itself sought to trammel the powers of the new president and maintain the military’s dominance in politics.
All of this may well make Morsy feel that he should challenge both the courts and the military at this seminal moment at the beginning of his presidency. If his term of office starts like this, it may be reasoned, is it likely to get any better?
Yet Morsy would be wrong to challenge the courts and probably wrong, at this time anyway, to challenge the military. Refusing to accept a judicial ruling is simply out of order. Egypt must be governed by laws, even if they are unpopular or inconvenient. And the law applies to every Egyptian, including the president. Only parliament has the power to change laws.
In time Morsy will be looking to new laws that will apply to the military. As and when these are passed, he will expect the military to comply. It is the same for him now.
Of equal importance, however, is how the new president seeks to challenge the generals. A head-on confrontation is surely not the answer. Many Egyptians, not only the supporters of the Muslim Brotherhood, are angry that in many respects, much of the old system that sustained Mubarak has not changed. The military, once hailed as the protectors of the revolution, is now viewed with suspicion. The huge demonstrations in iconic Tahrir Square are restarting, as people gather instinctively at the birthplace of the revolution.
There are many who believe that in support of Morsy and the wider agenda for change, further massive protest will force the military to throw in the towel. This is almost certainly wishful thinking, which can only lead to bloodshed on the streets and chaos, followed by anarchy as, very possibly, the army splits and begins fighting itself.
This is not the way that Egypt should be going. Morsy’s responsibility is to bring about peaceful change. To do that he is going to have to grit his teeth and work with the judiciary and the generals. New elections must be held under properly constituted laws, which cannot be questioned. It may well be that the Muslim Brotherhood will emerge with an even stronger mandate. This will strengthen the presidency in pushing through long-overdue reforms.
To achieve the economic and social changes that are needed, stability and peace are required. If Morsy persists in his confrontation with the courts and the military, he risks plunging the country into division and confusion.