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See detailReform of Judicial Independence rules in Egypt
Al Hajjaji, Shams Al Din UL

in Indonesian Journal of International and Comparative Law (2018)

This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstatethe role ofjudicial autonomy over judicial independence. The judicial independence is a ... [more ▼]

This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstatethe role ofjudicial autonomy over judicial independence. The judicial independence is a debatable issue in the contem- porary history in Egypt. Judges, lawyers, and activist calledfor judicial reform after the success of the 2011 Revolution. In response, the paper presents the concept ofjudicialindependence in Egypt, which reflects an understandingof autonomy rather than independence. More specifically, there is a clear lack of understandingofchecks-and-balancesin theoryandpracticeofjudicialinde- pendence. In this regard, the question ofseparationofpowers and between the judiciary, the legislative and the executive imposes a callfor reform for the role of the Minister of Justice, the JudicialInspection Department, and the president of the primary court over judges. For that matter, this paper answers several questions regardingtheformulation, organization,and separationofpower in the Egyptianjudiciary. [less ▲]

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See detailJordanian Constitutional Court Toward a democraTic, effecTive and accessible
Al Hajjaji, Shams Al Din UL

in Indonesian Journal of International and Comparative Law (2018)

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See detailThe Egyptian Judiciary in The age of The republic The Role of Internal Conflicts in ConTrolling The Judicial system
Al Hajjaji, Shams Al Din UL

in Indonesian Journal of International and Comparative Law (2017)

The Egyptian judiciary has struggled against the executive authority for the past decades. This struggle has seen many losses and gains. It has paved the road for the judiciary to play a role in the ... [more ▼]

The Egyptian judiciary has struggled against the executive authority for the past decades. This struggle has seen many losses and gains. It has paved the road for the judiciary to play a role in the constitutional process in the last five years. Many scholars present this judicial struggle as a conflict between the executive and the judiciary. However, the history of the internal conflicts among judges remains a mystery or is merely implied. Such conflicts have taken on various forms based on the political regime in power. As a result, this research argues that the struggle was not only between political regimes and the judiciary, but also expressed itself in an internal conflict among the members of the judiciary. This research is limited to the Republic period, lasting from 1952 to 2014. This period can be divided into seven different eras. This research, however, separates the history of the Republic into just six main eras, due to excluding the al-Sisi era (2014-18), given that he was still in power during the writing of this research. It is historically unfair to document incomplete periods, despite this constituting one of the worst periods in judicial history. Accordingly, this paper limits itself to presenting the internal conflicts witnessed during only six eras. These eras involve the transition period after the monarchy, also known as the Mohamed Naguib era (1952-54), the Nasser era (1954-70), the al-Sadat era (1970-80), the Mubarak era (1980-2011), the SCAF era (2011-12), the Mohamed Morsi era (2012-13), and the transition period following the military coup, also known as the Mansur era (2013-14). [less ▲]

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