The impact of political reality on the formation of the judicial policy of the Supreme Constitutional Court in Egypt

Abstract

This research examines the impact of the political reality on the formation of the Supreme Constitutional Court's judicial policy, based on the premise that constitutional judiciary is a fundamental pillar in protecting the rule of law, safeguarding the constitution, and ensuring the balance of power within the state. Although the Supreme Constitutional Court theoretically enjoys independence and judicial impartiality, the surrounding political reality can exert varying influences on shaping its judicial directives and formulating its policies in interpreting constitutional texts and adjudicating disputes of a political and constitutional nature.

The research aims to analyze the relationship between the political and judicial environments of the Supreme Constitutional Court, and to demonstrate the extent to which its judicial decisions are influenced by the nature of the existing political system, the level of political stability, and the relationship between public authorities, as well as the impact of political transformations and institutional crises on the court's judicial directives. The research also seeks to clarify the boundaries between legitimate interaction between the judiciary and the political reality, and the influence that may compromise the independence and impartiality of the constitutional judiciary. This research employs a descriptive analytical approach, examining legal and constitutional texts and analyzing relevant judicial applications to gain a scientific understanding of the nature of this influence and its institutional and legal dimensions. It also utilizes a historical approach, demonstrating the impact of the political reality on the establishment and development of the Supreme Constitutional Court in Egypt.

The research's significance lies in highlighting the relationship between the judiciary and politics, while offering a scholarly perspective that contributes to strengthening the independence of the Supreme Constitutional Court and protecting it from political influences, thus ensuring its effective role in safeguarding constitutional legitimacy.