quarta-feira, 5 de dezembro de 2012

A transição no Egito

A matéria abaixo descreve a transição político-constitucional do Egito. O Poder Judiciário é estruturado no modelo francês, incluindo a Justiça Administrativa. O processo político do Egito aglutina uma série de atores como os movimentos sociais, a estrutura das Forças Armadas, o movimento islâmico, Tribunal Constitucional e o Poder Judiciário. Este, notadamente,no Supremo Tribunal Administrativo, é modelado pelo critério racional-burocrático. A sociedade egipcia confia nesse segmento do seu Poder Judiciário para atender as suas demandas. Enquanto, o Tribunal Constitucional do Egito tem um histórico de falta de autonomia institucional. Neste, sempre houve os designios de Mubarak



> ///////////////////////////////////////////

> Egypts Constitutional Crisis is Far from Over


> Posted: 05 Dec 2012 10:27 AM PST

> http://feedproxy.google.com/~r/I-CONnectBlog/~3/srQ-Qw61WQw/?utm_source=feedburner&utm_medium=email


> Jill Goldenziel, Lecturer on Government and Social Studies, Harvard

> College

> and Lecturer in Law, Boston University School of Law

> On Sundays episode of the riveting drama, “Constitutional Crisis in

> Egypt,”

> the Supreme Constitutional Court postponed its ruling on the legitimacy of

> the constituent assembly that hurriedly completed a draft of the new

> Egyptian Constitution. The judges claimed that protesters blocked safe

> entry to the courts, despite the presence of heavy security. Did the

> judges

> actually fear for their safety? Or did they have other reasons for

> delaying

> their decision? Stay tuned! Meanwhile, on an episode later this week

> another powerful character will step in to help battle the forces of

> tyranny: the administrative courts.


> Â As I explain in my article, Veiled Political Questions, Islamic Dress,

> Constitutionalism and the Ascendance of Courts (forthcoming, American

> Journal of Comparative Law, January 2013), the administrative courts are

> far more independent than the Supreme Constitutional Court. The Egyptian

> court system, like the French system on which it was modeled, has parallel

> systems of ordinary and administrative courts. The administrative courts

> were created to handle disputes between private citizens and public

> entities, although, as I explain in my article, they have been liberal in

> their interpretation of the word “public.” The High Administrative

> Court –

> sometimes confusingly called the Supreme Administrative Court sits atop

> Egypt’s administrative court system, while the Court of Cassation is the

> highest ordinary court. Unlike the Supreme Constitutional Court, which

> Mubarak packed with its cronies, judges on the administrative courts are

> selected by the judges themselves on the basis of merit and seniority. No

> direct appeal may be taken from the decisions of the High Administrative

> Court, although the two high courts and the executive can refer cases to

> the Supreme Constitutional Court.

> Since the revolution, the administrative courts have continually asserted

> their independence. Last week’s strike by the judges of the High

> Administrative Court and Court of Cassation served to underscore their

> refusal to be cowed by Morsi. Since the revolution, the Supreme

> Constitutional Court has continually – and admittedly – supported

> military

> interests against growing Islamist power. The Administrative Courts, by

> contrast, have acted impartially, granting victories to both sides. In the

> immediate aftermath of the revolution, the Egyptian Administrative Courts

> swiftly moved to outlaw the vestiges of Mubarak’s National Democratic

> Party, and to approve new parties for participation in elections. Later,

> they also suspended Egypt’s first constitutional assembly and tried to

> push

> back Egypt’s first presidential elections. The administrative courts

> enjoy

> high esteem with the people of Egypt, who increasingly used them to file

> their grievances against Mubarak’s regime.

> This week, the Administrative Courts will hear at least 12 lawsuits

> seeking

> to overturn Morsi’s November 22 decree placing himself above judicial

> review. Details about the most prominent suit, filed by the well-respected

> NGO the Egyptian Initiative for Personal Rights, can be found here.

> If successful, these lawsuits would pave the way for more legal challenges

> to the legitimacy of the constituent assembly. They would also make it

> much

> easier for the Supreme Constitutional Court to dissolve the constituent

> assembly. Everyone knows that the Supreme Constitutional Court is beholden

> to the military and therefore represents a tyranny of its own. Backing by

> the administrative courts would bolster the legitimacy of any decision

> that

> would delay a new constitution.

> Before and since the revolution, in the absence of a functioning

> parliament, the Egyptian judiciary has been the only branch of government

> able to check executive power – whether Mubarak’s or Morsi’s. The

> judiciary

> may be Egypt’s best hope against future tyranny. If the Supreme

> Constitutional Court is beholden to a non-democratic interest, Egypt’s

> High

> Administrative Court may still have a chance to make things right. Those

> who care about democracy should support it, along with the brave activists

> who continue to file the important cases that are moving democracy

> forward.



> --



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