The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt

Author

Ahmed Sameh Fahmi, The American University in Cairo AUCFollow

Abstract

This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies alternative procedural frameworks that have enhanced judicial

efficiency and individual rights protection in those jurisdictions. It evaluates their potential for adaptation to the Egyptian context.

Building on these insights, the thesis proposes a tailored direct access mechanism for Egypt’s SCC, outlining the necessary legal foundations, scope of admissibility, and safeguards to balance accessibility with judicial efficiency. The study also addresses potential objections, such as concerns over caseload and politicization, and offers counterarguments grounded in comparative experience and Egypt’s constitutional context. Ultimately, the thesis argues that introducing a direct access procedure would bridge critical gaps in Egypt’s constitutional review system, strengthen the rule of law, and align Egypt with global best practices in constitutional justice.

School

School of Global Affairs and Public Policy

Department

Law Department

Degree Name

LLM in International and Comparative Law

Graduation Date

Spring 6-18-2025

Submission Date

6-2-2025

First Advisor

Hedayat Heikal

Committee Member 1

Hani Sayed

Committee Member 2

Jason Beckett

Extent

130 p.

Document Type

Master's Thesis

Institutional Review Board (IRB) Approval

Not necessary for this item

Recommended Citation

APA Citation

Fahmi, A. S. (2025).The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt [Master's Thesis, the American University in Cairo]. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/2546

MLA Citation

Fahmi, Ahmed Sameh. The Sealed Palace: How Direct Access to the Supreme Constitutional Court Can Bridge the Gaps in Constitutional Review in Egypt. 2025. American University in Cairo, Master's Thesis. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/2546