Chapter

The Government's Non-execution of Judicial Decisions

Nagad Mohamed El-Borai

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/9789774162015.003.0013
The Government's Non-execution of Judicial Decisions

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Egypt has seen an increase in the phenomenon of non-execution of judicial decisions, particularly since the 1980s. The origin of this phenomenon was the creation of the State Council in 1946. The council was granted the legal capacity to void administrative decisions that violated legislative provisions or had been adopted following an abuse of power. Non-execution of judicial rulings is a sign of diminished respect for the judiciary by the executive authority. Egyptian citizens have come to believe that respect for their rights requires gaining the consent of the executive authority and that it is useless to try through legal means to compel that authority to enforce judicial decisions. Governmental bodies can be held liable for non-execution of judicial rulings because they hold the instruments of execution. This chapter presents different forms of non-execution of judicial decisions before giving some examples and considering the legal effects of the practice.

Keywords: judicial decisions; State Council; legislative provisions; judicial rulings; executive authority

Chapter.  4787 words. 

Subjects: International Relations

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