The Development of Relations between the Mixed Courts and the Executive Authority in Egypt (1875–1904)
The Development of Relations between the Mixed Courts and the Executive Authority in Egypt (1875–1904)
This chapter focuses on the beginning of the mixed courts (1875–1904). During this period, these new “Egyptian” mixed jurisdictions went through multiple crises, notably the debt of the Egyptian state in 1876 and the ‘Orabi Revolution in 1881, which provoked the 1882 British Occupation. This chapter shows how until 1904, the mixed courts resisted executive authority, at first from the khedive and then from the occupying British power. It next discusses the consequences of this judicial independence and then considers the conflicting relations between the executive authority and these mixed jurisdictions by examining lawsuits with political overtones that occurred starting in 1876, virtually from the beginning of these courts. These lawsuits raised a number of issues, including the viability of control by civil judges over administrative and legislative acts taken by the khedival government.
Keywords: mixed courts, Egyptian state, Orabi Revolution, executive authority, British power, judicial independence, khedival government
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