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3 - The Establishment of the Supreme Constitutional Court

Published online by Cambridge University Press:  27 July 2009

Tamir Moustafa
Affiliation:
Simon Fraser University, British Columbia
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Summary

“Commerce and manufacture can seldom flourish long in any state which does not enjoy a regular administration of justice, in which the people do not feel themselves secure in the possessions of their property, in which the faith of contracts is not supported by law and in which the authority of the state is not supposed to be regularly employed in enforcing the payment of debts from all those who are able to pay. Commerce and manufacture, in short, can seldom flourish in any state in which there is not a certain degree of confidence in the justice of government.”

Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations

“The law is on holiday.”

Shar'awi Gom'a, Gamal 'Abd al-Nasser's Minister of Interior

Why did Egypt's authoritarian regime establish an independent constitutional court in 1979 when only twenty-five years earlier it had worked to undermine judicial power? From the standpoint of the mainstream comparative law and politics literature, the birth of the Egyptian Supreme Constitutional Court presents a surprising anomaly: an entrenched regime facing no credible challengers established an autonomous court with the ability to strike down regime legislation.

The motives for judicial reform make somewhat more sense when viewed from a political-economy angle. The passages above by eighteenth-century economist Adam Smith and Nasser's Minister of Interior nicely illustrate one of the principal tradeoffs that authoritarian regimes face when they remove constraints on their power.

Type
Chapter
Information
The Struggle for Constitutional Power
Law, Politics, and Economic Development in Egypt
, pp. 57 - 89
Publisher: Cambridge University Press
Print publication year: 2007

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