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Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization

Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfactio...

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Main Author: el Menshawy, Omar
Format: Thesis
Published: AUC Knowledge Fountain 2021
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access_status_str Open Access
author el Menshawy, Omar
author_browse el Menshawy, Omar
author_facet el Menshawy, Omar
author_sort el Menshawy, Omar
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dc_rights_str_mv http://creativecommons.org/licenses/by-nc/4.0/
description Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates the extent to which the role of the public law judge has affected the public economic policies in Egypt, and portrays the reaction of the government towards the effects of these rulings. This paper argues that the government views courts’ judgments according to its own economic policies. Practically, the government will appreciate courts’ judgments if courts confer legitimacy on the controversial economic policies of the government, or if the judicial intervention is compatible with the government economic directions, while the government will hinder the impact of courts’ contributions if the courts’ decisions go against its willingness. In that case, the government can reverse court policy through enacting legislation that deprives courts’ judgments from its crucial effects or restricts the scope of the judicial review of the public law judge itself. To that end, the paper highlights the Supreme Constitutional Courts’ rulings in the economic sphere and how the court helped the regime dismantle the legal infrastructure of the socialist economic era in order to pave the way for the implementation of the new-liberal economic policies. In the same context, the Council of State Courts issued many noticeable judgments that annulled many privatization contracts for illegality and corruptions in a way that touched the essence of the neo-liberalism system. The paper also argues that Law No.32 of the year 2014 is an explicit example for how the government determines the limits and extent of the judicial influence in economic sphere in order to secure its economic policies.
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spelling oai:fount.aucegypt.edu:etds-2505 Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization el Menshawy, Omar Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates the extent to which the role of the public law judge has affected the public economic policies in Egypt, and portrays the reaction of the government towards the effects of these rulings. This paper argues that the government views courts’ judgments according to its own economic policies. Practically, the government will appreciate courts’ judgments if courts confer legitimacy on the controversial economic policies of the government, or if the judicial intervention is compatible with the government economic directions, while the government will hinder the impact of courts’ contributions if the courts’ decisions go against its willingness. In that case, the government can reverse court policy through enacting legislation that deprives courts’ judgments from its crucial effects or restricts the scope of the judicial review of the public law judge itself. To that end, the paper highlights the Supreme Constitutional Courts’ rulings in the economic sphere and how the court helped the regime dismantle the legal infrastructure of the socialist economic era in order to pave the way for the implementation of the new-liberal economic policies. In the same context, the Council of State Courts issued many noticeable judgments that annulled many privatization contracts for illegality and corruptions in a way that touched the essence of the neo-liberalism system. The paper also argues that Law No.32 of the year 2014 is an explicit example for how the government determines the limits and extent of the judicial influence in economic sphere in order to secure its economic policies. 2021-01-31T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/1507 https://fount.aucegypt.edu/context/etds/article/2505/viewcontent/auto_convert.pdf https://fount.aucegypt.edu/context/etds/article/2505/filename/0/type/additional/viewcontent/Omar_EL_Menshawy_IRB__final_form.pdf https://fount.aucegypt.edu/context/etds/article/2505/filename/1/type/additional/viewcontent/Omar_El_Menshawy_Submission_to_turnitin_final.pdf https://fount.aucegypt.edu/context/etds/article/2505/filename/2/type/additional/viewcontent/Omar_El_Menshawy_Signature_Page_final.pdf http://creativecommons.org/licenses/by-nc/4.0/ Theses and Dissertations AUC Knowledge Fountain Public Law Judge/ Privatization/ Economic policies/ Courts' Role/ Nasser's era/ Courts' Impacts Administrative Law Constitutional Law Courts Judges Jurisdiction Law and Economics Law and Politics Legislation Rule of Law
spellingShingle Public Law Judge/ Privatization/ Economic policies/ Courts' Role/ Nasser's era/ Courts' Impacts
Administrative Law
Constitutional Law
Courts
Judges
Jurisdiction
Law and Economics
Law and Politics
Legislation
Rule of Law
el Menshawy, Omar
Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization
title Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization
title_full Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization
title_fullStr Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization
title_full_unstemmed Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization
title_short Egyptian Public Law Judge: Reviewing Public Economic Policies from Nationalization to Privatization
title_sort egyptian public law judge reviewing public economic policies from nationalization to privatization
topic Public Law Judge/ Privatization/ Economic policies/ Courts' Role/ Nasser's era/ Courts' Impacts
Administrative Law
Constitutional Law
Courts
Judges
Jurisdiction
Law and Economics
Law and Politics
Legislation
Rule of Law
url https://fount.aucegypt.edu/etds/1507
https://fount.aucegypt.edu/context/etds/article/2505/viewcontent/auto_convert.pdf
https://fount.aucegypt.edu/context/etds/article/2505/filename/0/type/additional/viewcontent/Omar_EL_Menshawy_IRB__final_form.pdf
https://fount.aucegypt.edu/context/etds/article/2505/filename/1/type/additional/viewcontent/Omar_El_Menshawy_Submission_to_turnitin_final.pdf
https://fount.aucegypt.edu/context/etds/article/2505/filename/2/type/additional/viewcontent/Omar_El_Menshawy_Signature_Page_final.pdf
work_keys_str_mv AT elmenshawyomar egyptianpubliclawjudgereviewingpubliceconomicpoliciesfromnationalizationtoprivatization