Establishment of judicial review and elements of its emergence in Egypt
This paper explores judicial review in the provision of judicial review in the Egyptian legal system, and explores the historical and political background as well as the reasons for the establishment of the judicial review for determining constitutionality of laws. This paper also examines the e...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Inderscience Publishers
2012
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/27519/ http://irep.iium.edu.my/27519/ http://irep.iium.edu.my/27519/ http://irep.iium.edu.my/27519/1/IJACMSD0202-0303_ANSARI.pdf |
| Summary: | This paper explores judicial review in the provision of judicial
review in the Egyptian legal system, and explores the historical and political
background as well as the reasons for the establishment of the judicial review
for determining constitutionality of laws. This paper also examines the
elements that have helped to develop this. Finally, this paper applies the case
study methodology by choosing Egypt as being the first Arab country that
authorised its courts, especially the Supreme Constitutional Court, the right to
apply judicial control which aided in the establishment of the principles of
separation of powers, the rule of law and the independence of judicial
authority. The paper concludes that the process of judicial review has
contributed the Egyptian legal system in manifest ways, especially in
development of healthy laws and making judiciary a more or less independent
body as it operates under the authority of the Minister of Justice. The authors
have relied on the historical and descriptive as well as analytical research
methodologies. |
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