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Some Arab states are passing through a transitional democratic era, which will be a cornerstone in building new democratic system, as it will be a set of applicable mechanisms in the aftermath of transferring from the dictatorship regime to the democratic one. The transitional democracy aims at returning rights to their owners in order to guarantee passage to a new rule that leads the society to democracy, human rights respect and shifting to social security and safety for all community members. Undoubtedly, the approved mechanisms that secure transfer to democracy are formulating a constitution, presidential elections, parliament formation, a government formed from the parliamentary majority. The transitional democracy is accompanied by transitional justice, which needs methods to be implemented totally at any transitional society. It is a part and parcel unity whose components complete each other in this way: bringing to court all the previous regime's agents who were involved in political and financial corruption, killed or induced killing citizens. Another component is, seeking for truth-by-truth, vis, transparency committees under the supervision of the civil social institutions, as it was applied in South Africa. These committees will be concerned in setting up registers about human rights violation for compensating the victims, and taking the necessary measures that prohibit their recurrence. Reformation of the state institutions that led to human right breach and tyranny, such as the security, legal and information entities through re¬structuring, is another mission. Then, wiping out all discrimination types which stymie equality, in addition to dismissing human right violators from their posts, should be the next step. Accordingly, the ultimate goal of the transitional democracy is embodied in executing the transfer mechanisms to free democratic society. These mechanisms require the election of a president under a regulatory law, and under unsuspicious, open legislative authority to shun doubtfulness and uncertainty that become valid during revolutions periods. The researcher intends to study "the legal state and the presidential elections law" which was implemented in Egypt on 11/2/2011 when the president stepped down his post. The statements were published in the official gazette, issue No (6), in repeated paragraph (D), and dated 12/2/2011 until 19/1/2012. That date was the date of the issue of the decree law No 12/ 2012 concerning the amendment of some provisions of law No (174 / 2005) related to the launch of presidential election. The first chapter of this research sheds light on the entity of the legal state, and the legislative suspension period. The second tackles the lawful nature of the presidential election during the halt of the parliamentary life. Chapter 3 contains the state presidency election and its legal information system, while the forth chapter handles crimes and their punishments in the presidency election law, and modifications thereof.
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