Chapter

Reining in the Executive: What Can the Judiciary Do?

Nathan J. Brown

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/9789774162015.003.0009
Reining in the Executive: What Can the Judiciary Do?

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This chapter explains why the struggle for judicial independence attracts high hopes from advocates of political liberalization and constitutional reform. It explores the various tools that judges have, acting individually and collectively, to pursue the path of constitutional Reform. Furthermore, it examines the degree to which judges have been successful. It then explains the limits and potentialities of judicial activism by focusing on the electoral process. Finally, it concludes by showing why judicial accomplishments, while significant, are unlikely to lead by themselves to a fundamentally different political order. It focuses as much on the limitations of the judiciary as on its potentialities. It seeks to present not a celebratory tale of resistance to oppression but rather a political analysis of the genuine prospects for change.

Keywords: judicial independence; political liberalization; constitutional reform; judicial activism; judicial accomplishments

Chapter.  6787 words. 

Subjects: International Relations

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