Reference : Reform of Judicial Independence rules in Egypt
Scientific journals : Article
Law, criminology & political science : Judicial law
Reform of Judicial Independence rules in Egypt
Al Hajjaji, Shams Al Din mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Indonesian Journal of International and Comparative Law
Institute for Migrant Rights Press
[en] 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.

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