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Establishment of judicial review and elements of its emergence in Egypt

al-Omran, Nayel Musa Shaker and Ansari, Abdul Haseeb (2012) Establishment of judicial review and elements of its emergence in Egypt. International Journal of Arab Culture, Management and Sustainable Development, 2 (2/3). pp. 131-142. ISSN 1753-9420 (O), 1753-9412 (P)

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Abstract

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.

Item Type: Article (Journal)
Additional Information: 1526/27519
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Professor Abdul Haseeb Ansari
Date Deposited: 19 Dec 2012 15:32
Last Modified: 19 Dec 2012 15:32
URI: http://irep.iium.edu.my/id/eprint/27519

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