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The Supreme Constitutional Court of Egypt

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  • The Supreme Constitutional Court of Egypt

    The Supreme Constitutional Court of Egypt

    The Supreme Constitutional Court of Egypt was established in 1979. also known as SCC is alone responsible for censoring the constitutionality of the laws and regulations and it assumes interpreting legislative texts. The SCC has the right to cancel the laws that are contrary to the provisions and articles of the Egyptian Constitution.

    The SCC's verdicts are final and cannot be challenged in any way.

    The Court is the highest judicial power in Egypt and it alone undertakes the judicial control in respect of the constitutionality of the laws and regulations and shall undertake the interpretation of the legislative texts in the manner prescribed by law. In addition the supreme court is empowered to settle competence disputes between the judicial and the administrative courts.

    SCC Articles in the Constitution
    Article 175
    The Supreme Constitutional Court is an independent judicial body, seated in Cairo, which exclusively undertakes the judicial control of the constitutionality of laws and regulations.

    The law defines other competencies and regulates the procedures to be followed before the court.

    Article 176
    The Supreme Constitutional Court is made up of a president and ten members. The law determines judicial or other bodies that shall nominate them and regulates the manner of their appointment and the requirements to be satisfied by them. Appointments take place by a decree from the President of the Republic.

    Article 177
    The President of the Republic or the Parliament shall present draft laws governing the practice of political rights and the presidential, legislative or local elections before the Supreme Constitutional Court, to determine their compliance with the Constitution prior to dissemination. The Court shall reach a decision in this regard within 45 days from the date the issue is presented before it; otherwise, the proposed law shall be considered approved.

    If the Court deems one or more parts of the text non-compliant with the provisions of the Constitution, its decision shall be implemented.

    The laws referred to in the first paragraph are not subjected to the subsequent control stipulated in Article 175 of the Constitution.

    Article 178
    The Official Gazette shall publish verdicts issued by the Supreme Constitutional Court and decisions pertaining to preemptive control of draft laws governing presidential, legislative or local elections.

    The effects of a decision on the unconstitutionality of a legislative text are regulated by law.

    Important links:
    Judicial Authority Competencies.
    Court of First Instance Courts of limited jurisdiction
    Family Court Administrative judiciary
    Constitutional Court Court of Cassation
    Court of Appeal Public Prosecution

    Landmark Judgments | Famous Trials | Historical Facts | Legal Profession

    Law Maxims # Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent
    # Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation
    # Conventio et modus vincunt legem - A contract and agreement overcome the law
    Damnum sine injuria - damage without legal injury.
    Ex facie - On the fact of it.
    Faciendum - Something which is to be done.
    Injuria non excusat injuriam - A wrong does not excuse a wrong.

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