Reference : A Call for Judicial Reform in Egypt
Scientific journals : Article
Law, criminology & political science : Judicial law
A Call for Judicial Reform in Egypt
Al Hajjaji, Shams Al Din mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
ICL Online Journal
De Gruyter
[en] Judicial Reform ; Judicial Independence ; Judicial Transparency, Judicial Legitimacy
[en] The social contract in Egypt has changed dramatically five times in the past decade. Mubarak made substantial amendments in 2005 and 2007, the Supreme Council of the Armed Forces (SCAF) ratified the 2011 Constitutional Declaration, the Muslim Brotherhood adopted the 2012 Constitution and, finally, Al-Sisi/Mansur proclaimed the 2014 Constitution. Currently, Egypt faces social, economic, political and legal problems. The Egyptian judiciary plays a vital role in the inability to respond to these problems. This research argues that the call for judicial reform should be revived to face contemporary challenges. These challenges are the result of the absence of serious judicial reform in the past four decades. The 1973 Judicial Authority Law was a result of the social contract presented in the 1971 Constitution. The research lists the reasons for adopting a new judicial authority law. In the first section, the social aspect is embodied in the protection of freedoms, judicial transparency and judicial legitimacy. The second section dealing with economic reasons for reform is divided into two parts. The first deals with Independent Bodies and Regulatory Agencies. The second issue reveals the role of the judiciary in the successive failures of the IBRA. The third section deals with the role of the judiciary in political life. The fourth section presents the legal reasons for judicial reform.

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