This article is more than 7 years old

This article is more than 7 years old

Egypt's supreme constitutional court (SCC) has ruled that the country's upper house of parliament and constitution-drafting assembly were elected illegally.

The shura council is the only body in Egypt with legislative powers, following a decision by the SCC, the country's highest court, in June 2012 to dissolve the first democratically elected parliament.

Judge Maher al-Beheiry said the shura council will continue its activities until a new lower house of parliament is elected. Election dates have yet to be set, but President Mohamed Morsi has suggested they may take place in October.

The Muslim Brotherhood-affiliated Freedom and Justice party holds 42% of seats in the shura council, and can carry a majority vote by appealing to other conservative factions in the chamber.The constitutional court ruling raises the possibility that shura council legislation may also be deemed unconstitutional. The chamber is debating a number of controversial bills this month, including a draft law that would heavily restrict the funding available to develop a free civil society.

Despite the ruling against the 100-member panel that drafted Egypt's new constitution in December [hyperlink: http://www.theguardian.com/world/2012/dec/26/mohamed-morsi-egypt-constitution-law], the SCC's verdict does not appear to put the panel's short-term future at risk, as it is based on provisions laid out in the 2012 document.

The constitution was criticised after it emerged from a hasty all-night session of the Islamist-dominated drafting assembly. Critics argue it fails to protect freedom of expression or religious belief, and institutionalises military trials for civilians.

The SCC also appears to have ruled against arrest powers contained in Egypt's emergency law, which has been used by successive Egyptian presidents to crack down on opponents.

Regardless of the ruling's immediate consequences, it is likely to embolden liberal critics of the shura council and constitution, and widen the rift between Egypt's judiciary and its Islamist-dominated legislature and executive [hyperlink: http://www.theguardian.com/world/2013/apr/21/egypt-justice-minister-resigns-judiciary?INTCMP=SRCH].

The shura council has been considering legislation that would force more than 3,000 judges out of office by lowering their mandatory retirement age. Members of the upper chamber say many judges are Mubarak-era loyalists who are hostile to the country's Islamist rulers.

There has been speculation that this legislation was being rushed through to pre-empt a judicial ruling such as the SCC's.

According to Yasser el-Shimy, a Middle East analyst at the International Crisis Group, the ruling is a troubling sign for the relationship between different branches of the Egyptian government.

"It has appeared for a while that the boundaries of each branch – judiciary, legislature or executive – are not clearly defined, despite the introduction of the new constitution," he said.

Shimy predicted the ruling could undermine the perceived legitimacy of the shura council as it pushes ahead with attempts to neuter the judiciary.