Chapter

The General Prosecutor between the Judicial and Executive Authorities

Abdallah Khalil

in Judges and Political Reform in Egypt

Published by American University in Cairo Press

Published in print January 2009 | ISBN: 9789774162015
Published online January 2012 | e-ISBN: 9781617970993 | DOI: http://dx.doi.org/10.5743/cairo/9789774162015.003.0005
The General Prosecutor between the Judicial and Executive Authorities

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With the establishment of the mixed courts in 1875, Egypt became the first Arab country to incorporate the office of the general prosecutor into its legal system. Since then, that office has been trapped between the executive and the judicial authority and has lacked real independence from the ministry of justice. This chapter traces the historical evolution of the role of the general prosecutor in Egypt and the office's relation to the executive power since its introduction. It clarifies the relevant laws and related developments of the office in an effort to reveal how the relationship has evolved, giving concrete examples of lack of independence. The 2006 amendment of Law 46/1972 only partially improved the independence of the Office of Public Prosecution from the executive authority. While the Office of Public Prosecution is considered part of the judiciary, it maintains close links with the executive power legally and politically.

Keywords: mixed courts; legal system; judicial authority; Office of Public Prosecution; executive authority

Chapter.  4446 words. 

Subjects: International Relations

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