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Judges and Political Reform in Egypt$
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Nathalie Bernard-Maugiron

Print publication date: 2009

Print ISBN-13: 9789774162015

Published to Cairo Scholarship Online: January 2012

DOI: 10.5743/cairo/9789774162015.001.0001

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Reining in the Executive: What Can the Judiciary Do?

Reining in the Executive: What Can the Judiciary Do?

(p.133) 8 Reining in the Executive: What Can the Judiciary Do?
Judges and Political Reform in Egypt

Nathan J. Brown

American University in Cairo Press

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

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