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Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution
The lack of detailed and explicit law provisions governing human rights cases obliges judges to fill this legal gap by applying generic constitutional articles. Now that all human rights are interdependent and overlapping, they practically conflict with each other. Therefore, Egyptian judges are obl...
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| Format: | Thesis |
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AUC Knowledge Fountain
2023
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| _version_ | 1867613422162542592 |
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| access_status_str | Open Access |
| author | Rashdan, Mohab Ali |
| author_browse | Rashdan, Mohab Ali |
| author_facet | Rashdan, Mohab Ali |
| author_sort | Rashdan, Mohab Ali |
| collection | Thesis |
| description | The lack of detailed and explicit law provisions governing human rights cases obliges judges to fill this legal gap by applying generic constitutional articles. Now that all human rights are interdependent and overlapping, they practically conflict with each other. Therefore, Egyptian judges are obliged to issue a decision in these cases despite such tensions, taking into consideration the lack of detailed and explicit law provisions regulating these disputes. The question here concerns the criteria that the administrative courts should adopt when overseeing administrative decisions to judge in a case when there are two or more disputing and conflicting interests organized by several constitutional articles with no plain or detailed legislation drawing their correlation and limitations. Realistically, the Egyptian administrative courts have applied various and disparate judicial approaches such as legitimacy, suitability, necessity, gross error in the assessment, and comparison between benefits and harms. The concern is that applying different methodologies may lead to different conclusions. This paper argues that using proportionality through its four degrees may unite the mechanism of judicial review, reconcile constitutional values to avoid a hierarchy amongst them, organize the mind of judges, and raise transparency within courts. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-3093 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:53.165Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-3093 Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution Rashdan, Mohab Ali The lack of detailed and explicit law provisions governing human rights cases obliges judges to fill this legal gap by applying generic constitutional articles. Now that all human rights are interdependent and overlapping, they practically conflict with each other. Therefore, Egyptian judges are obliged to issue a decision in these cases despite such tensions, taking into consideration the lack of detailed and explicit law provisions regulating these disputes. The question here concerns the criteria that the administrative courts should adopt when overseeing administrative decisions to judge in a case when there are two or more disputing and conflicting interests organized by several constitutional articles with no plain or detailed legislation drawing their correlation and limitations. Realistically, the Egyptian administrative courts have applied various and disparate judicial approaches such as legitimacy, suitability, necessity, gross error in the assessment, and comparison between benefits and harms. The concern is that applying different methodologies may lead to different conclusions. This paper argues that using proportionality through its four degrees may unite the mechanism of judicial review, reconcile constitutional values to avoid a hierarchy amongst them, organize the mind of judges, and raise transparency within courts. 2023-02-15T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/2061 https://fount.aucegypt.edu/context/etds/article/3093/viewcontent/Mohab__Ali__Rashdan__Thesis.pdf Theses and Dissertations AUC Knowledge Fountain Proportionality Review- Administrative Courts- Margin of Appreciation - Lack of Methodology – Competing Value- Islamic Shrīʿa - Freedom of Expression – Freedom of Belief |
| spellingShingle | Proportionality Review- Administrative Courts- Margin of Appreciation - Lack of Methodology – Competing Value- Islamic Shrīʿa - Freedom of Expression – Freedom of Belief Rashdan, Mohab Ali Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution |
| title | Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution |
| title_full | Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution |
| title_fullStr | Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution |
| title_full_unstemmed | Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution |
| title_short | Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution |
| title_sort | towards a structural judicial approach in the egyptian administrative courts proportionality as a practical solution |
| topic | Proportionality Review- Administrative Courts- Margin of Appreciation - Lack of Methodology – Competing Value- Islamic Shrīʿa - Freedom of Expression – Freedom of Belief |
| url | https://fount.aucegypt.edu/etds/2061 https://fount.aucegypt.edu/context/etds/article/3093/viewcontent/Mohab__Ali__Rashdan__Thesis.pdf |
| work_keys_str_mv | AT rashdanmohabali towardsastructuraljudicialapproachintheegyptianadministrativecourtsproportionalityasapracticalsolution |