Chapter

Exceptional Courts and the Natural Judge

Hafez Abu Seada

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/9789774162015.003.0011
Exceptional Courts and the Natural Judge

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According to the Egyptian constitution of 1971, the right to litigation is inalienable, and no one shall be deprived of his natural judge. Several exceptional courts have been established by the legislature, however. The major characteristic of exceptional courts is that they try political opponents of the government in courts that lack the guarantees of a fair trial. The justifications advanced by the Egyptian authorities for referral to exceptional courts are the country's state of emergency and the presence of armed groups or those committing violence. However, some Egyptian citizens who have committed no acts of violence and adopted no methods aimed at pulling down the regime by force have been referred to these courts on the basis of fabricated accusations. The current Egyptian judicial system identifies four kinds of exceptional courts: state security emergency courts, military courts, courts of values, and the Court of Party Affairs.

Keywords: Egyptian constitution; natural judge; exceptional courts; legislature; Egyptian authorities

Chapter.  4873 words. 

Subjects: International Relations

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