Abstract
The lack of detailed and explicit law provisions governing human rights cases obliges judges to fill this legal gap by applying generic constitutional articles. Now that all human rights are interdependent and overlapping, they practically conflict with each other. Therefore, Egyptian judges are obliged to issue a decision in these cases despite such tensions, taking into consideration the lack of detailed and explicit law provisions regulating these disputes. The question here concerns the criteria that the administrative courts should adopt when overseeing administrative decisions to judge in a case when there are two or more disputing and conflicting interests organized by several constitutional articles with no plain or detailed legislation drawing their correlation and limitations. Realistically, the Egyptian administrative courts have applied various and disparate judicial approaches such as legitimacy, suitability, necessity, gross error in the assessment, and comparison between benefits and harms. The concern is that applying different methodologies may lead to different conclusions. This paper argues that using proportionality through its four degrees may unite the mechanism of judicial review, reconcile constitutional values to avoid a hierarchy amongst them, organize the mind of judges, and raise transparency within courts.
School
School of Global Affairs and Public Policy
Department
Law Department
Degree Name
LLM in International and Comparative Law
Graduation Date
Spring 2-15-2023
Submission Date
2-10-2023
First Advisor
Hani El Sayed
Committee Member 1
Thomas Skouteris
Committee Member 2
Jason Beckett
Extent
89 p.
Document Type
Master's Thesis
Institutional Review Board (IRB) Approval
Not necessary for this item
Recommended Citation
APA Citation
Rashdan, M. A.
(2023).Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution [Master's Thesis, the American University in Cairo]. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/2061
MLA Citation
Rashdan, Mohab Ali. Towards A Structural Judicial Approach in The Egyptian Administrative Courts: Proportionality as A Practical Solution. 2023. American University in Cairo, Master's Thesis. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/2061