Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Sep 2019)

Supreme Constitutional Court of Egypt and constitutional review of statutes

  • Javad Taghizadeh,
  • Morteza Nejabatkhah,
  • Vahid Bakoei ketrimi

DOI
https://doi.org/10.22054/qjpl.2020.32131.1847
Journal volume & issue
Vol. 21, no. 64
pp. 111 – 132

Abstract

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The Egyptian Constitution of 1971 addressed the issue of the necessity of protecting the Constitution and established the Supreme Constitutional Court for this task. This body is currently is protecting the Constitution of 2014, as stipulated in Article 192 of the Constitution and Article 25 of the Supreme Constitutional Court of Egypt, as the task of "monitoring the constitutionality of statutes and regulations". While the laws in the Egyptian legal system are diverse, the effectiveness of the constitutional review system requires the adoption of ordinances to expand the scope of the Supreme Constitutional Court. One of these ordinances is that all laws are subject to the constitutional review of the Court. Accordingly, ordinary laws, Supplementary Constitutional Laws, laws approved by the referendum, abolished laws, parliamentary internal regulations, international treaties, and decisions of the president are subject to the constitutional review of the Supreme Constitutional Court. This is a mark of the effective and genuine constitutional review system in Egypt. However, the Constitutional Amendment rule is out of the constitutional review scope of the Supreme Constitutional Court. In this article, the efficiency of the constitutional review of statutes in the law of Egypt has been investigated.

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