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The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt
This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordin...
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| Format: | Thesis |
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AUC Knowledge Fountain
2025
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| _version_ | 1867613425376428032 |
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| access_status_str | Open Access |
| author | Fahmi, Ahmed Sameh |
| author_browse | Fahmi, Ahmed Sameh |
| author_facet | Fahmi, Ahmed Sameh |
| author_sort | Fahmi, Ahmed Sameh |
| collection | Thesis |
| description | This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies alternative procedural frameworks that have enhanced judicial
efficiency and individual rights protection in those jurisdictions. It evaluates their potential for adaptation to the Egyptian context.
Building on these insights, the thesis proposes a tailored direct access mechanism for Egypt’s SCC, outlining the necessary legal foundations, scope of admissibility, and safeguards to balance accessibility with judicial efficiency. The study also addresses potential objections, such as concerns over caseload and politicization, and offers counterarguments grounded in comparative experience and Egypt’s constitutional context. Ultimately, the thesis argues that introducing a direct access procedure would bridge critical gaps in Egypt’s constitutional review system, strengthen the rule of law, and align Egypt with global best practices in constitutional justice. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-3596 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:56.457Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-3596 The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt Fahmi, Ahmed Sameh This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies alternative procedural frameworks that have enhanced judicial efficiency and individual rights protection in those jurisdictions. It evaluates their potential for adaptation to the Egyptian context. Building on these insights, the thesis proposes a tailored direct access mechanism for Egypt’s SCC, outlining the necessary legal foundations, scope of admissibility, and safeguards to balance accessibility with judicial efficiency. The study also addresses potential objections, such as concerns over caseload and politicization, and offers counterarguments grounded in comparative experience and Egypt’s constitutional context. Ultimately, the thesis argues that introducing a direct access procedure would bridge critical gaps in Egypt’s constitutional review system, strengthen the rule of law, and align Egypt with global best practices in constitutional justice. 2025-06-18T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/2546 https://fount.aucegypt.edu/context/etds/article/3596/viewcontent/ahmed_sameh_fahmi_thesis.pdf https://fount.aucegypt.edu/context/etds/article/3596/filename/0/type/additional/viewcontent/ahmed_sameh_fahmi_approval_page.pdf https://fount.aucegypt.edu/context/etds/article/3596/filename/1/type/additional/viewcontent/ahmed_sameh_fahmi_irb.pdf https://fount.aucegypt.edu/context/etds/article/3596/filename/2/type/additional/viewcontent/ahmed_sameh_fahmi_turnitin.pdf Theses and Dissertations AUC Knowledge Fountain Direct Access- Egypt’s Supreme Constitutional Court- Constitutional Justice- Judicial Review- Normative Constitutional Complaint – Individual Application- Constitutional Adjudication- Colombia- Germany. Administrative Law Comparative and Foreign Law Constitutional Law Courts Legislation |
| spellingShingle | Direct Access- Egypt’s Supreme Constitutional Court- Constitutional Justice- Judicial Review- Normative Constitutional Complaint – Individual Application- Constitutional Adjudication- Colombia- Germany. Administrative Law Comparative and Foreign Law Constitutional Law Courts Legislation Fahmi, Ahmed Sameh The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt |
| title | The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt |
| title_full | The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt |
| title_fullStr | The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt |
| title_full_unstemmed | The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt |
| title_short | The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt |
| title_sort | sealed palace how direct access to the supreme constitutional court can bridge the gaps in constitutional review in egypt |
| topic | Direct Access- Egypt’s Supreme Constitutional Court- Constitutional Justice- Judicial Review- Normative Constitutional Complaint – Individual Application- Constitutional Adjudication- Colombia- Germany. Administrative Law Comparative and Foreign Law Constitutional Law Courts Legislation |
| url | https://fount.aucegypt.edu/etds/2546 https://fount.aucegypt.edu/context/etds/article/3596/viewcontent/ahmed_sameh_fahmi_thesis.pdf https://fount.aucegypt.edu/context/etds/article/3596/filename/0/type/additional/viewcontent/ahmed_sameh_fahmi_approval_page.pdf https://fount.aucegypt.edu/context/etds/article/3596/filename/1/type/additional/viewcontent/ahmed_sameh_fahmi_irb.pdf https://fount.aucegypt.edu/context/etds/article/3596/filename/2/type/additional/viewcontent/ahmed_sameh_fahmi_turnitin.pdf |
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