The Struggle for Constitutional Power
Law, Politics, and Economic Development in Egypt

This book examines the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world.

Tamir Moustafa (Author)

9780521124416, Cambridge University Press

Paperback, published 12 October 2009

340 pages, 6 tables
23.1 x 0.4 x 1.8 cm, 0.56 kg

'This is an important book, to be read by scholars and students of comparative constitutionalism and constitutional democracy. Moustafa addresses fundamental questions such as whether democracy is a necessary prerequisite for effective judicial power. He challenges the common assumption that courts in authoritarian states are pawns of the regime and obstacles to the realization of minority rights. … Highly recommended.' Choice

For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

1. Introduction: law versus the state
2. The politics of domination: law and resistance in authoritarian states
3. The establishment of the Supreme Constitutional Court
4. The emergence of constitutional power (1979–90)
5. The rapid expansion of constitutional power (1991–7)
6. Executive retrenchment and an uncertain future (1998–2005)
7. Law, development, and democracy: a critical appraisal
Appendix A. SCC justices and commissioners
Appendix B. Constitution of the Arab Republic of Egypt
Appendix C. Law 49/1979 governing the Supreme Constitutional Court
Appendix D. Figures on Supreme Constitutional Court rulings
Bibliography.

Subject Areas: Constitutional & administrative law [LND], Judicial powers [LNAA1], Middle Eastern history [HBJF1]