Published online by Cambridge University Press: 23 October 2009
In the three decades following the Montreux conference the most striking feature of the Egyptian judicial structure was its institutional continuity. The few major changes that were made (with the possible exception of the establishment of the Majlis al-Dawla) had the effect of furthering the centralization of the system. What makes this continuity especially noteworthy was that it coincided with tremendous political changes in the country. The battles between the Wafd, the British, and the king, the end of the constitutional monarchy, and the establishment of an authoritarian and socialist regime under Gamal 'Abd al-Nasir caused significant changes in the political role of the judiciary without altering its basic structure. Only in the last few years of 'Abd al-Nasir's rule were more fundamental changes discussed, and only some of these were effected. For the most part, dramatic political changes in the country were accommodated by seemingly minor changes in the judicial structure. The periods both before and after the 1952 coup, which replaced the parliamentary monarchy with rule by army officers, witnessed further centralization of the judicial system. This coincided with an attempt to entrench further liberal legality. The attempt realized some successes, but within a few years after 1952 these successes, though formally institutionalized, were effectively reversed.
The unification of the judiciary
The agreement at Montreux to end the capitulations and to transfer the work of the Mixed Courts to the National Courts after a twelve-year period finally made possible the unification of the judicial structure anticipated by Nubar and others in the 1870s. With the Mixed Courts seen as an anachronistic limitation on Egyptian sovereignty, they were allowed to disappear completely.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.