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10 - Egypt

from Africa and the Middle East

Published online by Cambridge University Press:  05 June 2012

Richard Lord
Affiliation:
Brick Court Chambers
Silke Goldberg
Affiliation:
Herbert Smith LLP
Lavanya Rajamani
Affiliation:
Centre for Policy Research, New Delhi
Jutta Brunnée
Affiliation:
University of Toronto
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Summary

The Egyptian legal system

10.01Egypt has a civil code system and there is no binding doctrine of precedent. However, judgments of higher courts are persuasive. The sources of Egypt’s laws in order of priority are legislation, custom, the principles of Islamic Sharia, and equity.

10.02The Egyptian judicial system is divided into two main types of courts, the ordinary judiciary and the State Council judiciary. There are also several other specialised courts and judicial organs. The courts generally work in a three-tier system. In the ordinary judiciary, these are the Courts of First Instance, the Courts of Appeal and, for points of law but not of fact, the Court of Cassation. In the State Council, these are Administrative Courts, the Administrative Judiciary, and the Supreme Administrative Court. Historically, the courts in Egypt have been slow and – with the exception of the higher courts – not very sophisticated. Seeking redress through the courts could therefore be a lengthy process with uncertain outcomes.

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Chapter
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Climate Change Liability
Transnational Law and Practice
, pp. 245 - 271
Publisher: Cambridge University Press
Print publication year: 2011

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