Research Article: 2020 Vol: 23 Issue: 6
Shady Mohamed Arafa Hegazy, Prince Sattam Bin Abdulaziz University
This present research explores the legislative systems of Egypt and Saudi Arabia. We discuss in detail the formation and competencies of Egyptian Sheikhs and Saudi Shura Councils in Egyptian and Saudi systems. Egyptian Law combines election and nomination whereas, in the Saudi system, the selection of the Shura Council members is limited to nomination only. The method of selecting the president, deputies, and representatives for the two chambers are different. In the Egyptian Sheikhs Council, it is made by election among the members of the Council in the first session of the annual session. While in the Saudi Shura Council, the nomination is made by a royal decree. There is a difference between competences in interpreting laws as well. Saudi law gives the Shura Council the competence to interpret laws. But in the Egyptian system, the competence is not found similar to the Sheikhs Council to interpret laws.
Sheikhs Council, Shura Council, Egyptian System, Saudi System, Formation and Competencies.
Political systems differ in the ways as per the legislative authorities of the country. The parliament represents the legislative authority in a constitutional country. It is responsible for all legislative authority practices according to the principles of separation of competencies. Parliament consists of a group of individuals called representatives. These representatives are selected in the parliament through public voting using democratic methods. They are selected by the citizens registered on the electoral lists in a secret and direct public election or ballot. Parliament exercises its legislative authority alone, in the presence of a council or other authority that shares the exercise of its competencies, which is called the second legislative chamber. Of course, the parliament in this case is the primary legislative chamber. However, it is considered the first nucleus and the historical basis of the second legislative chambers in the parliament in Britain as its date refer back to the year 1265 AD for various reasons related to the English society (Jafari, 2014; Al-Shair, 2003; Al-Khatib, 2004). The names given to the first and second legislative chambers differ due to each political system. For example, in the English system, we find that the first legislative chamber is called the Council of Commons, and the second legislative chamber is called the Council of Lords.
In the Egyptian system, there is a parliament, which is called the House of Representatives. The selection of its members is made by-election, with a very small percentage nominated by the country’s President. The Egyptian law has revived the Shura Council in constitutional amendments in 2019 which is called the Sheikhs’ Council. The purpose is to enrich legislative life beside the parliament in carrying out its competencies of legislative authority (Abdullah, 2004). The question arises about the possibility of considering the Egyptian Sheikhs’ Council as the first legislative chamber. In the Saudi system, the nature and specificity of the political, cultural, and social conditions are characterizing the system of government in the Kingdom of Saudi Arabia. There is no parliament in common sense. The Saudi Law has created a special system for regulating and issuing legislations in which the competencies of the legislative authority are divided among the King, the Council of Ministers, and the Shura Council (Al-Qahtani, 2017). The question also arises about the possibility of describing the Saudi Shura Council as a second parliament or a legislative chamber.
Both the Egyptian and Saudi systems are distinguished by the existence of these councils. These councils have a specific role in the process of enacting and issuing legislations. Each council enjoys a different formation and competences from the other one. The research is comprised of the comparative approach, in which the compositions and competences of the Egyptian Sheikhs’ Council and the Saudi Shura Council are presented. The main objective of this study is to answer the questions which could not be addressed previously. To achieve this purpose first the basic competencies concerned with enacting and issuing legislation in the Egyptian and Saudi systems are discussed. Then the formation and competencies of the Egyptian Sheikhs and Saudi Shura Councils are highlighted. Finally, the similarities and differences between these Councils are drawn.
Authorities Concerned for Enacting and Issuing Legislations in the Egyptian and Saudi Systems
The Egyptian Law has granted the President of the republic with some legislative competencies. Among which, Article No. 156 of the constitution stipulates something that happens outside the session of the parliament. It necessitates the acceleration of measures which cannot be delayed. The President of the country calls the parliament to an urgent session to present the matter to it. If the parliament is not established, the President of the Republic may issue decisions including laws. Provided that it is presented, discussed, and approved within fifteen days of the formation of the new council. Article-No. 157 stipulate that the President of the country may call the voters for a referendum in the matters related to the country's supreme interests, in a manner that does not contradict the provisions of the constitution. As for the parliament in Egypt i.e. the House of Representatives has stipulated that the parliament accepts legislative authority and approves the country’s general policy. These include the general plan for economic and social development, the country’s general budget, and exercising oversight over the activities of the executive authorities (Mansour, 2014). All of this is as indicated in the constitution. The fact is that the parliament is the legislative authority in the Egyptian system.
Article-No. 102 of the constitution define that the parliament shall be formed of not less than four hundred and fifty members. These members must be elected by direct secret public voting, providing that women are allocated not less than a quarter of the total number of seats. The law defines the other conditions for candidacy, the election system, and the division of electoral districts in a way that takes into account the equitable representation of the population and the governorates. It is permissible to adopt the individual, list the electoral system, or combine any ratio between them (Mansour, 2014). The parliament may also decide to withdraw confidence from the Prime Minister, one of his deputies, one of the ministers or their deputies. In all cases, it is not permissible to request the confidence withdrawal in a subject that the council has previously decided on during the session itself. If the council decides to withdraw the confidence from the Prime Minister, one of his deputies, one of the ministers, or their deputies and the government declares its solidarity with him before the vote. The government must submit its resignation, and if the confidence withdraws decision relates to a member of the government, then his resignation is required (Mansour, 2014). At least twenty members of the parliament members may request a discussion of a public issue to obtain clarification on government policy in its regard (Mansour, 2014). Also, every member of the parliament may submit an urgent briefing to the Prime Minister, one of his deputies, one of the ministers, or their deputies in crucial and urgent public matters (Mansour, 2014). Article-No. 135 stipulate that the parliament may nominate a special committee or assign one of its committees to investigate the facts on a public issue or to investigate the activities of an administrative authority, public authority, or public projects. Indiscipline to carry out its mission, the committee may collect what it sees appropriate for evidence, and request to hear whoever it needs to hear. All parties must respond to its request. In all cases, every parliament member has the right to obtain any data or information from the executive authority related to the performance of his work in the council (Mansour, 2014). After we have presented the provisions regulating the formation and competencies of the Egyptian Parliament, it is concluded that the parliament carries out the privileges of the first legislative chamber.
Concerning the legislative competencies of the kingdom of Saudi Arabia, the King may also issue royal decrees and supreme decrees. These are considered as laws, which contain legal rules on various topics related to the public life of individuals and society as a whole (Al-Qahtani, 2017). Moreover, the public competencies in the Kingdom of Saudi Arabia shall consist of judicial authority, executive authority, and regulatory authority (The Basic Law of Governance, 1992). Article-No. 67 also stipulate that the regulatory authority has the competence to set rules and regulations in discipline to achieve an interest or eliminate corruption in the country affairs. It must be per the rules of Islamic Sharia, and it must exercise its competencies per this system and the regulations of the Council of Ministers and the Shura Council. Article-No. 69 clarifies that the King may call the Shura Council and the Council of Ministers to a joint meeting, and he may call whomever he sees appropriate to attend this meeting to discuss what he deems appropriate. The Council of Ministers is an organizational authority headed by the King (The Saudi Council of Ministers, 1992). The King and the Prime Minister direct the general policy of the country (The Basic Law of Governance, 1992). The members of the Council of Ministers must be Saudi national by origin. They must be witnessed by goodness and sufficiency. They have not been convicted in a crime which violates religion and honour (The Saudi Council of Ministers, 1992). Article-No. 12 have defined that the council shall consist of the Prime Minister, Deputy Prime Ministers, Working Ministers, Ministers of the country, and King’s advisors. They will appoint members of the Council of Ministers by a royal decree. Article 30 of the Council of Ministers system stipulates that the following two competencies shall be included in the administrative constitutions of the Council of Ministers which are the General Secretariat of the Council of Ministers and the Experts Authority. The internal system of the Council of Ministers shows the constitutions of these two authorities and their competencies. It demonstrates the way to accomplish their work, and their relations with the Royal Court (The Council of Ministers, 2011). Article-No. 19 of the system collects a set of competencies entrusted to the Council of Ministers. It states that the provisions of the Basic Law of Governance and the Shura Council Law. The Council of Ministers shall draw up the internal, external, financial, economic, educational, defence policy, and all public affairs of the country. They shall supervise their implementation. The Shura Council has the executive authority. It is the reference for financial and administrative affairs in all ministries and other government agencies. As per Article No. 20-22, the Shura Council bylaws, regulations, treaties, international agreements, and excellences are issued and amended according to a royal decree after investigating them by the Council of Ministers. The authority of the council sets the internal and external affairs, the organization of government agencies, and coordination between them, as well as the conditions which must be met by the ministers, their competencies, the method of their accountability, and all their affairs. The Cabinet's System and competencies are amended following this system. Each member of the Council of Ministers has the right to propose what he deems in the interest of the council after the approval of the Prime Minister. After that, we have reviewed the provisions regulating the formation and competencies of the Council of Ministers and the King's competencies. It is concluded that the Saudi system gives the King and the Council of Ministers the primary authority to issue and enact laws and that the role of the Shura Council is purely advisory (The Saudi Council of Ministers, 1992).
The Formation and Competencies of the Egyptian Sheikhs Council
The Egyptian Sheikhs Council is a council that has been decided to establish within the constitutional amendments in 2019 AD, but with specific competencies and clear tasks (Mansour, 2014). This council was excluded from the 2014 constitution of Egypt and was under the name "The Egyptian Shura Council". The 2014 constitution was limited the legislative authority to the parliament only, to show practical exercise for the importance of having a second chamber for the legislative authority. Especially after evaluating the active role played by the Egyptian Shura Council, it is a clear imprint from its inception until the issuance of the decision to end it. Abdullah (2004) has opposed the fact that the old Egyptian Shura Council (the current Sheikhs Council) is a second legislative chamber. His opinion is summarized as the Shura Council is a purely consultative council, which can only study some issues and make suggestions regarding them or express an opinion on some other issues. The articles of the Egyptian constitution are amended in 2019. Some articles are added to regulate the work and competencies of the Sheikhs Council. Article-No. 248 of the added articles of the constitution stipulates that the Sheikhs Council should have the authority to study and propose what it deems sufficient for the consolidation of the foundations of democracy. It includes supporting social peace, the basic foundations of society and its higher values, rights, freedoms, and public duties, and deepening the democratic system, and expanding its fields. Article-No. 250 have specified how the Sheikhs Council is formed. It has stipulated that the Sheikhs Council will be formed by several members specified by law, provided that it is not less than (180) members (The Sheikhs Council, 2014). The Sheikhs Council membership duration is five years. Two-thirds of its members are elected by direct, secret, and public balloting. The President of the Republic would appoint the remaining one-third. Article-No. 252 prohibit combining membership in the Sheikhs Council and the parliament. Article-No. 253 clarifies that the Prime Minister, his deputies, ministers, and other members of the government are not accountable before the Sheikhs Council. With regards to the terms of the Sheikhs Council, the provisions governing its membership, and the rights and duties of its members, Article No. 254 referred to Articles 103-105, 107-121, 132, 133, 136, and 137, as long as it does not contradict the provisions contained in this chapter and that the Sheikhs Council. Article-No. 249 also define the competencies of the Sheikhs Council. The opinion of the Sheikhs Council will be taken with regards to the proposals to amend one or more articles of the constitution. It will draft the general plan for social and economic development. It will impart peace, alliance treaties, and all treaties related to sovereign rights. It will draft the laws complementing the constitution that refer to it by the President of the Republic or the parliament. It will issue the President of the Republic general policy, its policy in Arab or foreign affairs.
A candidate for membership in the council must be an Egyptian citizen possessing a university degree or at least the equivalent. His age should not be less than thirty-five years on the day candidacy is opened. His name must be included in the voting database in any of the governorates of the republic. He must have performed the military service or been exempted from performing it by law. His membership must have not been revoked by a decision of the Sheikhs Council or the parliament due to loss of confidence, esteem, or because of breaching the membership duties (The Sheikhs Council, 2014). Regarding the rules for nominating the council members, Article No. 28 stipulates that the President of the Republic will nominate one-third of the members of the council after announcing the election result and before the start of the session. He will take care that the same conditions are met for candidacy for membership in the Sheikhs Council. The appointment of several persons with one party affiliation does not lead to a change in the parliamentary majority in the Council. He will not appoint a member of the party to which the president belongs before assuming the duties of his office. He will not appoint a person who runs for the Sheikhs Council elections in the same legislative term and lost them. Article-No. 29 equalizes between the nominated member and the elected member in the rights and duties. It is also stipulated following the law and required the issuance of the decision to nominate members in the official newspaper (The Sheikhs Council, 2014). Regarding the distribution of seats between the individuals and list systems, Article No. 2 stipulates that the election of the Sheikhs Council will be (100) seats by the individuals' system and (100) seats in the system of absolute closed lists. Parties and independents are entitled to run in each of them. Concerning the electoral list, Article No. 4 stipulates that every electoral list must include the number of candidates equal to the number to be elected in the district, and an equal number of reservists. Nominations are submitted to the session chairman during the period that he specifies, and the election will be conducted even if only the required number is submitted for nomination. The election process will be conducted secretly and will be taken place in one or more public sessions for the president and then the two deputies respectively. Each list assigned to it must include 15 seats out of which at least three seats for women. A list that does not fulfil any of the terms and conditions will not be accepted. The single list may include candidates from more than one party. The list may consist of independent candidates who are not affiliated with one party or combine them. In all cases, the name of the party or the candidate being independent must be shown in the single list on the nomination papers. Article-No. 5 stipulate for the continuation of the electoral capacity in the Sheikhs Council that the member retains the capacity based on which he is elected. If he loses this capacity or does not belong to the elected party and becomes independent, or the independent partisan, membership will be withdrawn from him by a decision of the Sheikhs Council by a two-thirds majority of the members of the council. Article-No. 6 specifies the duration of membership in the Sheikhs Council to five calendar years, starting from the date of its first meeting. Election of the new Sheikhs Council will take place within the sixty days preceding the end of its term (The Sheikhs Council, 2014). Regarding the method for selecting the Sheikhs Council spokesman and the council deputy spokesman, Article No. 4 of the Sheikhs Council Act stipulates that the Sheikhs Council shall elect him from its members in the first meeting of the first ordinary annual session. These will be selected by the president, two deputies for the duration of the legislative duration, and an absolute majority of the number of votes. The oldest attendant member will run this council session. The chairman of the session announces the election of the spokesman of the council who assumes the duties of the presidency immediately after announcing his election. The president of the council will have the competencies vested in the Prime Minister and the minister of finance stipulates in the bylaws and regulations (The Sheikhs Council, 2014).
As for the Sheikhs Council's competencies, Article No. 7 stipulates that the Sheikhs Council will have the authority to study and propose what it deems to be a guarantor of lasting democracy, support social peace, the basic foundations of society, its higher values, rights, freedoms, public duties, deepen the democratic system and expand its fields. The Sheikhs’ Council must inform the President of the Republic and the parliament for their opinion about these issues, as are regulated by the Council's bylaws. Regarding the competencies of the council’s office, Article No. 4/53 stipulates that the council’s office is concerned with issues that must be issued by a decision by the President of the Republic of the Council of Ministers. As well as issues in which, the bylaws and regulations require the opinion or approval of the Ministry of Finance, the Central Organization for Regulation, the management, or any other party. Within the period of ending the two chambers, the Prime Minister will assume all the financial and administrative competencies vested in the offices of the two chambers and their chairmen. Also in the opposite imposition, the Egyptian Law in Article No. 51 of the parliament's law has given the President of the Sheikhs Council all the administrative and financial competencies vested in the parliament office in case of ending it. Article-No. 52 stipulate that the Sheikhs Council will establish bylaws to organize the work in it and its various committees. It will formulate the rules to exercise its competencies and maintain discipline in it. All this will be issued by bylaws. Article-No. 5 of the Sheikhs Council's law issuances the articles that determine the validity of the parliament's internal bylaw and regulations with issued No. 1, 2016. The Sheikhs Council is required to issue its bylaws in a manner that does not contradict the nature of the council and its privileges. Until the end of this research, the Egyptian Sheikhs Council has not conducted its first session. The elections of its members ended a few days ago before the completion of this research. After reviewing the provisions regulating the formation and competencies of the Egyptian Sheikhs Council, it is concluded that it plays a purely advisory role that does not rise to the degree which enables us to designate the second legislative chamber on it.
The Formation and Competencies of the Saudi Shura Council
Article-No. 68 of the Basic Law of Governance (1992) of the Saudi Constitution stipulate the establishment of the Shura Council. Its statute specifies how it is formed, exercises its competencies, and selects its members. The King has the right to end and reconstitute the Shura Council. According to the system, the location of the Shura Council is in the city of Riyadh. The council may conduct a meeting in another city within the kingdom if the King desires (The Shura Council, 2009). The term of the Shura Council is four Hijri years, starting from the date specified in the royal decree issued for its formation. The formation of the new council will take place at least two months before the expiration of its predecessor. In the case that the period ends before the formation of the new council, the previous council will continue to carry out its tasks until the new council is formed. It will be taken into consideration when forming the new council that their number will not be less than half the number of Council members (The Shura Council, 2009). Regarding the number of the council’s members, Article No. 3 of the Shura Council’s regulation stipulates that the Shura Council consists of a president and one hundred and fifty members. These members are selected by the King. They are from the people of knowledge, experience, and specialization provided that the representation of women in it is not less than 20% of the number of members. The rights of members, their duties, and all their affairs are determined by a royal decree (The Shura Council, 2009). The members of the Shura Council are required to be Saudi nationals by origin. They should be witnessed for goodness and sufficiency. Their ages should not be less than thirty years (The Shura Council, 2009). The president of the Shura Council, his deputy, his assistant, and the secretary-general of the council are nominated and released by a royal decree. Their payment, rights, duties, and all their affairs are determined by a royal decree as well (The Shura Council, 2009). According to the text of Article No. 11 of the Shura Council bylaw, the spokesman of the Shura Council, the members of the council and the Secretary-General, before they start their work in the council, they will perform the following constitutional oath before the King as:
“I swear by Almighty Allah to be loyal to my religion, then to my King and my country, not to reveal any of the country’s secrets to preserve its interests and regulations, and to perform my deeds with honesty, sincerity, and justice (The Shura Council, 2009)”
Every year the King or whoever deputizes by him delivers in the Shura Council a royal speech. It includes the country's internal and external policy (The Shura Council, 2009). The president of the council supervises all the council’s work. He represents it in its relations with other authorities and agencies. He runs the council sessions and the general council's meetings. He also runs the committee meetings he attends. He starts the sessions, announces their conclusion, directs the discussions during them, participates in these discussions, gives permission to speak, determines the topic of the research, directs the spokesman's attention to adherence to the subject matter and time limits, ends the discussion, and puts the topics to the vote. He may take whatever he deems appropriate and sufficient to maintain discipline during the sessions. The president of the council may call the council, the general assembly, or any other committees to conduct an urgent session to discuss a specific topic (The Shura Council, 2009). The vice president of the Shura Council assists the spokesman in the case of his attendance and assumes his competencies in the case of his absence. The vice president runs the council sessions and the general assembly meetings in the absence of the president. According to Royal Decree No. A/44 dated 2/29/1434 AH and Article No. 3 of the Shura Council Law issued by Royal Decree No. A/91 dated 27/8/1412 AH, amended by Royal Discipline No. A/26 dated 2/3/1426 AH, in the event of their absence, the presidency of the council, and the meetings of the General Assembly are assumed by the Assistant Chairman of the council. They have the competencies assigned to the Chairman of the council in running these sessions. Regarding the appointment of an agent for the Shura Council, the Custodian of the Two Holy Mosques approves according to Letter No. 86/2 dated 2/9/1425 AH. He nominates the deputy to the spokesman of the Shura Council in each session who would only have the authority prescribed for the spokesman of the council in running the sessions in the absence of the president and his deputy (The Shura Council, 2009). As for the Secretary-General of the Shura Council, Article No. 7 of the internal regulations stipulates that the Secretary-General or his representative attend the Council’s sessions and the General Assembly’s meetings. He supervises the editing of the sessions' reports, informing the dates of the sessions and the agenda of the members. He is also responsible for any work referred to him from the council, from the general assembly, or the council chairman. He is accountable before the council president for the council’s financial and administrative affairs. It is the responsibility of the Shura Council spokesman to submit to the Prime Minister a request that any government official attends the sessions of the Shura Council. If the council is discussing matters related to its competencies, he has the right to debate without having the right to vote. He must submit a request to the Prime Minister to provide the council with the documents and information, which the government agencies have, to facilitate the council’s work. The chairman of the Shura Council submits an annual report to the King on the council’s work, as indicated by the council’s internal regulations (The Shura Council, 2009). Also among the members’ specializations according to the council’s system, every ten members of the Shura Council may have the right to propose a new draft law or to amend an enforceable system. They may present it to the chairman of the Shura Council. The council’s president will submit the proposal to the King (The Shura Council, 2009).
In general, the Shura Council is authorized to express its opinion on the general policies of the country, which are referred to it by the Prime Minister. It includes discussing the general plan for economic and social development and expressing an opinion about it. It contains studying laws and regulations, treaties, international agreements, and excellences. It comprises to make interpretations and to propose what it considers in their regard. It also includes discussing the annual reports submitted by ministries and other government agencies and suggesting what the council deems appropriate about these (The Shura Council, 2009). The decisions of the Shura Council are submitted to the King who decides what is referred to as the Council of Ministers. If the views of the Council of Ministers and the Shura Council agree, decisions are issued after being approved by the King. If the views of the two chambers are different, the issue is returned to the Shura Council to express what it realizes in its regard and to submit it to the King to take what he deems appropriate accordingly (The Shura Council, 2009). Article-No. 29 of the council’s system stipulates that the bylaw of the Shura Council regulates the terms of reference of the Shura Council’s spokesman, his deputy, his assistant, the Secretary-General of the council, and the council’s members. It also manages its sessions, the conduct of its business, the work of its committees, the method of voting, the rules for discussion, the principles of response, and other matters that provide discipline within the council. So that it exercises its competencies for the best interest of the Kingdom and the prosperity of its people (The Shura Council, 2009). The internal regulations of the Shura Council control the terms of reference of the council’s chairman, his deputy, and the secretary-general. It decides the council’s general body, its terms of reference, the council’s sessions, the council’s committees, voting method and makes decisions (The Shura Council, 2009). After reviewing the provisions regulating the formation and competencies of the Saudi Shura Council, it is concluded that it has a purely advisory role. It does not rise to the degree that enables us to designate the second legislative chamber on it. However, it is expected in the future with developments and amendments made by the government of the Kingdom of Saudi Arabia, that the competencies of the Shura Council would be developed and modified to play a more effective role in the Saudi legislative life.
Similarities and Differences between the Sheikhs’ and the Shura Councils
After reviewing the composition and competencies of the Sheikhs and Shura Council in the Egyptian and Saudi systems, it is found that both are similar and their roles are limited to the two chambers who take their opinions only on some issues that are referred to them. The two councils study some of the issues which are referred to them and only propose drafted laws and regulations. The councils allocate a certain percentage of members for women. The decisions issued by the two chambers are in the form of recommendations that need ratification by other authorities for approval and issuance. These are the parliament or the President of the Republic in the Egyptian system and the King or the Council of Ministers in the Saudi system. The two chambers do not have any jurisdiction or legislative role in the strict technical sense.
Both councils are different in methods of selecting members. In the Egyptian system, the Egyptian Law combines election and nomination according to the details previously presented. In the Saudi system, the selection of the Shura Council members is limited to nomination only. The method of selecting the president, deputies, and representatives for the two chambers are also different. In the Egyptian Sheikhs Council, it is made by election among the members of the Council in the first session of the annual session. While in the Saudi Shura Council, the nomination is made by a royal decree. There is a difference between competences in interpreting laws. Saudi law gives the Shura Council the competence to interpret laws. But in the Egyptian system, the competence is not found similar to the Sheikhs Council to interpret laws. The age requirement for membership in both councils varies. In the Egyptian system, the minimum age requirement is 35 years, while in the Saudi system this requirement is 30 years. There is also some variation in national requirements. In the Egyptian system, it is benefitted from the text of the previously mentioned law that it allows a naturalized person to run for membership in the Sheikhs’ Council as long as he enjoys all his civil and political rights. But in the Saudi system, the system requires that a member of the Shura Council has a nationality of original origin as per birth. Some differences are also found in civil and political eligibility conditions. In the Egyptian system, the law stipulates that whoever runs for membership in the Sheikhs’ Council enjoy civil and political rights and that his membership has not been revoked before in the parliament or the Sheikhs’ Council. In the Saudi system, the Saudi law is satisfied with the condition that he is witnessed for his goodness and sufficiency. Moreover, the educational requirements of both councils are different. In the Egyptian system, the legislator stipulates that the member must have a university degree. But in the Saudi system, there is no requirement for a specific level of education.
The basic competencies concerned with enacting and issuing legislation in the Egyptian and Saudi systems are presented in this research. Moreover, the formation and competencies of the Egyptian Sheikhs Council and Saudi Shura Council are briefly analysed. Based on the above analysis, the similarities and differences between the Sheikhs Council and the Saudi Shura Council are drawn. It is concluded from all this that the Egyptian Sheikhs’ Council does not reach the degree to which the term second legislative chamber is applicable. The conditions for membership in the Egyptian Sheikhs’ Council are more realistic. It helps in selecting more knowledgeable and capable members than the conditions stipulated in the Saudi system for members of the Saudi Shura Council. The Saudi Shura Council does not count on the degree to which the term Parliament is applicable. Therefore, there is an urgent need to develop and amend the competencies of the Sheikhs’ Council and the Shura Council to play a more effective and participatory role in legislative life in the Egyptian and Saudi systems.
Based on the above findings, it is recommended to consider the necessity of adding legislative competencies to the Egyptian Sheikhs’ Council. So that the Parliament and the House of Representatives will participate in the legislative authority activities to achieve wealth and achievement in the legislations issued by the legislative authority. It is also necessary to ponder the addition and development of the legislative competencies of the Saudi Shura Council. So that it becomes the head of the legislative authority to achieve wealth and the legislative authority, and the term Parliament is to achieve in what is applied to it. There is a need to increase the number of members of the Saudi Shura Council while changing the nomination system to the electoral system to ensure fair representation for all groups of the society. There is a dire need of detailing the membership conditions for the Saudi Shura Council, similar to the Egyptian Sheikhs Council.
We also recommend the necessity of establishing internal committees in the Egyptian and Saudi systems to improve the status of the legislative bodies and to develop plans for the more effective legislative status of Sheikhs’ Council. In the application of the great rapprochement between Egypt and Saudi Arabia in various fields, there is no objection to establishing a joint committee between the two countries to examine the terms of reference and formation of legislative authority to exchange experiences between these two systems and to develop the reports and development plans commensurate with the nature and specificity of each system. These efforts may ultimately contribute to developing and promoting the appropriate legislative systems in both countries.