The Court is the highest judicial power in Egypt and it alone undertakes the judicial control in respect of the constitutionality of the laws and regulations and shall undertake the interpretation of the legislative texts in the manner prescribed by law. In addition the supreme court is empowered to settle competence disputes between the judicial and the administrative courts.
The establishment of the Supreme Constitutional Court goes back to the argument which was raised over the right of courts or any judicial bodies to pronounce on the constitutionality of the laws issued by the Legislative power. Such a judicial argument has been advocated in arguing that considering the issue of the constitutionality of laws is included in the competence of the courts. Therefore, it does not prejudice in any way the principle of separation of powers. The argument of such a party was, however, based on a basic assertion that discussing this issue is but a sheer legal act as the core and crux of this matter is represented in interpreting the laws which were appealed against as unconstitutional, a matter of a legal nature in the first place. Indeed, the Egyptian legislator adopted this approach when the court was established in 1969 and was then called the Supreme Court entrusted to censoring the laws' constitutionality. The... Read More