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Form of Reform: Judicial Reform in Egypt Lessons from the Developed countries

  • Author(s): Al Hajjaji, Shams Al DIn Ahmed
  • Advisor(s): Mayali, Laurent
  • et al.
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Abstract

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.

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This item is under embargo until August 22, 2020.