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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 Développement (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. Contributors: Nabil Abd al-Fattah, Ahmad Abd al-Hafiz, Maher Abu al-Einein, Hafez Abu Saada, Hisham Al-Bastawisi, Nathalie Bernard-Maugiron, Negad Al-Bora'i, Nathan Brown, Nathan, Mustapha Kamel al-Sayyed, Abdallah Khalil, Mahmud Al-Khudayri, Mahmud, Isabelle Lendrevie, Tamir Moustafa, Mohamed Al-Sayed Said, Atef Shahat Said, Younis Sherif
Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.
The reform is an ongoing process in any society. It is the sign of the development in different areas. It is not only the technology that is rapidly changing societies, but it also changes the societies, which use these technologies. With the rapid change in the structure of social and economical changes in the world, the question of the reform of social and economical institutions is also rapidly demanding. These institutions are varied. There are private and public institutions. Within the public sphere, the judicial system is comes on the top of institutions that require continuous reform than the two other braches of the government. They are facing the development with their political agenda that change every term (whether five or four years in office). On the other hand, it is hard to find a judicial system develop as fast as the development of the legal system or its politics. In Egypt, the judiciary did not witness any serious reform since 1949. During this period until the present day, the country witnesses several social and economical developments. Monarchy system, Socialist system, social-democratic system, capitalist system and Islamic system are political and social systems apply in Egypt in the last sixty years. In the past two decades, there was a great call and debate about the necessity of a new reform of the judiciary to face the rapid social and economical change in the country. This reform takes only one shape, which serves the economic development and the foreign investment. On the other hand, the social reform was a secondary. After the 25th of January Revolution, the debates about reform reaches its uttermost. The main argument was whether to reform or to maintain the current form of the judiciary. In case of maintaining the call for a reform, what are the issues that need to be reformed and what is the other that cannot be reformed. However, after the Military Coup of 3 July 2013, the debate settles down with maintaining the status quo of the current form of the judiciary. This dissertation argues that the reform shall take place in Egypt. The current status of the judiciary is not the best for any political, social and economical development. The dissertation is divided into six chapters, and introduction and conclusion. The first chapter is a historical background of the judicial development since 1949, which is the end date of the mixed courts in Egypt. The second chapter tackles the question of why is it important to have a reform. This chapter introduces political, economical, and social reasons to introduce a reform to the judicial institution. The last four chapters deal with four of the contemporary issues. These issues are judicial independence, judicial accountability, judicial appointment and judicial unification. Each chapter introduces the current status of the certain issues and the pending problems that need to be reformed. It, then, presents the solution to these issues in five countries, which are the United States, the United Kingdom, France, Germany and Russian Federation. After presenting each of these jurisdictions, each chapter offers an assessment to each solution offered from these different jurisdictions. Finally, each chapter offers a certain form of reform and the reasons to adopt such reform.
Discusses why and how the Egyptian judiciary was critically important in bringing down two vastly different regimes in three years.
Egypt's autocratic regime is being weakened by economic crises, growing political opposition, and the pressures of globalization. Observers now wonder which way Egypt will go when the country's aging president, Husni Mubarak, passes from the scene: will it embrace Western-style liberalism and democracy? Or will it become an Islamic theocracy similar to Iran? Egypt after Mubarak demonstrates that both secular and Islamist opponents of the regime are navigating a middle path that may result in a uniquely Islamic form of liberalism and, perhaps, democracy. Bruce Rutherford examines the political and ideological battles that drive Egyptian politics and shape the prospects for democracy throughout the region. He argues that secularists and Islamists are converging around a reform agenda that supports key elements of liberalism, including constraints on state power, the rule of law, and protection of some civil and political rights. But will this deepening liberalism lead to democracy? And what can the United States do to see that it does? In answering these questions, Rutherford shows that Egypt's reformers are reluctant to expand the public's role in politics. This suggests that, while liberalism is likely to progress steadily in the future, democracy's advance will be slow and uneven. Essential reading on a subject of global importance, Egypt after Mubarak draws upon in-depth interviews with Egyptian judges, lawyers, Islamic activists, politicians, and businesspeople. It also utilizes major court rulings, political documents of the Muslim Brotherhood, and the writings of Egypt's leading contemporary Islamic thinkers.
This book is the result of a fellowship granted by Open Society in 2006-2007 to the author. By doing this project I went beyond my dissertation topic that was about judicial reform in Iran. I wanted to see how this is done in other Middle Eastern countries, especially Turkey and Egypt that, similar to Iran, have a long history.