نشریه دانش حقوق عمومی
پیاپی 1 (پاییز 1391)

By the Egyptian’s revolution in 25 January of 2011 and the overthrow of the military regime, the people of Egypt could be eligible for citizenship relative character. The Character which formerly was completely ignored by the announcement of emergency situation, hard penalties and the police actions. This character and identity was restored by the constitution of 2012 and was recognized for the people of Egypt so that it is necessary to assume that one of the foundations of the Egyptian revolution has been the endeavor to protest against the systematic violation of citizen's rights and freedoms.In this article, the writer has considered the evolution of citizenship rights and fundamental freedoms in Egypt, leading to the Revolution of 2011; A critical study of the fundamental legislative changes in the rights of Egypt's new constitution in the light of public reaction.

Despite the variation in political systems (parliamentary, presidential...), the executive branch is regarded to be in charge of foreign policy. The IRI Constitution has failed to draw a clear line between the limits of authority and the jurisdictions of legislature and executive in respect to decision-making and law-making in the realm of foreign policy, and led to often contradictory interpretations, although it is committed to the principle of Separation of Powers. This article aims to illustrate some of the causes for this constitutional ambiguity. Relying on the interpretation of some articles, it also emphasizes the need for a new constitutional interpretation concerning foreign policy which is based on the principle of efficiency and consists in features such as decrease in the number of institutions responsible for foreign policy and their concentrations in executive on the one hand, and parliamentary control over executive using legal instruments like hearing and inquiry on the other.

One of the most important jurisprudence principles that its objective realization in the Muslim community is a barrier against the unbelievers, is "Denying the dominating of unbelievers over believers". According to the mentioned rule, God has obstructed every path that lets the unbelievers dominate over the believers, especially in the domains of legislation, creation, and station of argumenting.It should me mentioned that, although each of the discussed strategies in the field of international relations are near to the provisions of the "denying the domination rule", these strategies are not fully in accordance with it. The "denying the domination rule", however, is beyond the international strategies and represents the absolute independence of the Muslims.

Realize each political revolution in the modern world means passing people from dominant values in Governing system and fulfill the claims and demands of public in the field of individual and social. Egyptians revolution in January 25, with liberalism and Islamist goals was overthrown Egyptian Regime and in the path establishment a government based on divine justice and equity and dominate progression human values. What appeared to be essential for the survival of these demands are being thoughts limpid Revolutionary in the legal structure and political until be safe from manipulation by dissidents of national Freedom and remain immortal for all generations of Egypt. The most important political and legal document that can contain these essential characteristics is the Constitution that written by the representatives of the people and shall be approved according with the demands of public. Constitution 2013 of Egypt With all ups and downs obtain about 68 percent of the vote in the referendum was approved. Investigate process adoption of the new constitution of Egypt and legal and political structure of Egypt after the Revolution can useful in correct understanding of the legal situation of New Egypt and fulfill the people's demands based on.

Based on the principle of hierarchy legally binding rules, Subordinate laws and regulations should not inconsistent with above rules. Also in the legal system of the Islamic Republic of Iran, with accepting this principle, emphasised discrepancies below rules with above rules. According to the constitution, approvals of the Islamic Consultative Assembly (Parliament), Should not inconsistent with the constitution and government regulations should not inconsistent with the laws. According to Article 138 of the Constitution, Head of the parliament is reference diagnosis inconsistent Governmental approvals with the laws and also his decision is final and binding. Although in constitution not mentioned the enforcement and sanction about Lack of adherence Government of the view of parliament`s head. But the intention of legislator of Constitution was that final reference Recognizer inconsistent Government regulation with the law is head of Parliament. And based on the law, if not provided view of Parliament`s head, by the government, Government regulation is annulled. Given that task of monitoring on government`s approvals is task of head of Parliament. The reference diagnosis this legislation in above principles from purely executive decisions is also Head of Parliament.

The conclusion of treaties is one of the most manifestations of foreign policy and the active participation of a state in international relations. It is subjected to special legal guarantees due to the potential impact on significant interests of the country. Under the principles 77 and 125 of the Constitution, the President made signature to international agreements those are approved by Parliament.The system of independence of powers (principle 57) requires that the powers are not intervened in specific competences of each other. Therein, there was a vast debate about the executive or legislative aspects of the international agreements. Hence, the definition of concept of such agreements can be an answer to many ambiguities.