Constitutional transformations frequently introduce and open up political spaces for new actors, as was shown during the what so-called ‘Arab Spring’, when national movements emerged to demand the removal of long-established authoritarian regimes and instigated a series of institutional power struggles. Subsequent Analysis of these events by academics has tended to overlook struggle conducted through and by legal institutions. This article directly addresses this oversight by considering the role of Egypt’s Supreme Constitutional Court (SCC) during the 2011 uprisings, with specific attention to its influence on the country’s political transformation/s. it seeks to apply new analytical tools that will assist understanding of the position of judicial institutions in the Arab world, and their institutional limits and expected functions, It demonstrates how this can be achieved through a closer analysis of the SCC’s structure and the factors that shape its current role.
Taha, Nora & Asem Khalil. In the Name of the People?: Understanding the Role of Egypt’s Supreme Constitutional Court During Times of Political Crisis. Middle East Law and Governance (MELG), 12 (2020), 222-246.
Click here to download the PDF version of final draft (few changes are still needed before final version is published): MELG 12.2_Taha and Khalil-First Draft