Judges and Political Reform in Egypt

Häftad, Engelska, 2015

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If justice in the Arab world is often marked by a lack of autonomy of the judiciary toward the executive power, one of the characteristic features of the Egyptian judiciary lies in its strength and activism in the defense of democratic values. Judges have been struggling for years to enhance their independence from the executive power and exercise full supervision of the electoral process to achieve transparent elections. Recent years have seen growing tensions in Egypt between the judiciary and the executive authority. In order to gain concessions, judges went as far as to threaten to boycott the supervision of the presidential and legislative elections in the fall of 2005 and to organize sit-ins in the streets. The struggle between the two powers was in full swing in the spring of 2006, when a conference convened in Cairo in early April on the theme of the role of judges in the process of political reform in Egypt and the Arab world. The conference was organized by the Cairo Institute for Human Rights Studies (CIHRS) in cooperation with the Institut de Recherche pour le Developpement (IRD). This book is a collection of papers from the conference dealing with Egypt.They allow a better understanding of the role judges are playing in the process of democratic reform in Egypt as well as the limits of their struggle.

Produktinformation

Utgivningsdatum2015-04-19
Mått150 x 230 x 19 mm
Vikt538 g
FormatHäftad
SpråkEngelska
Antal sidor328
FörlagThe American University in Cairo Press
ISBN9789774167010

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Note on the ContributorsAcknowledgmentsPrefaceIntroductionNathalie Bernard-Maugiron1. A Political Analysis of the Egyptian Judges’ RevoltMohamed Sayed SaidThe Independence of the Judiciary: Past and Present2. The Development of Relations between the Mixed Courtsand the Executive Authority in Egypt (1875–1904)Isabelle Lendrevie-Tournan3. The Law on Judicial Authority and Judicial IndependenceMahmud al-Khudayri4. The General Prosecutor between the Judicial and Executive AuthoritiesAbdallah KhalilPushing the Judiciary into Politics5. The Political Role of the Egyptian JudiciaryNabil Abdel Fattah6. The Political Role of the Supreme Constitutional Court: Between Principles and PracticeTamir Moustafa7. The Role of the Judges’ Club in Enhancing the Independence of the Judiciary and Spurring Political ReformAtef Shahat Said8. Reining in the Executive: What Can the Judiciary Do?Nathan J. Brown9. Judges and Elections: The Politicization of the Judges’ Discourse 151Sherif YounesThe Crisis of the Efficiency of the Judiciary10. Exceptional Courts and the Natural JudgeHafez Abu Seada11. Judges and Acts of SovereigntyMohamed Maher Abouelenen12. The Government’s Non-execution of Judicial DecisionsNegad Mohamed El-BoraiCivil Society and the Judiciary13. Egyptian Parties and Syndicates vis-à-vis Judicial Decisions 213Ahmed Abd El-Hafeez14. The Judicial Authority and Civil SocietyMustapha Kamel al-Sayyed15. The Relationship between Judges and Human Rights Organizations during the 2005 Elections and the ReferendumNathalie Bernard-MaugironConclusion16. The Independence of the Judiciary as a Democratic ConstructHesham El-BastawissyAppendix: Draft Constituent Declaration of the Union of Arab JudgesNotes