Author: Shams Al-Hajjaji
Publisher: Nashwa
Publication Date: Jan 29, 2019
Country: Egypt
Language: English
This Article argues for the reform of judicial accountability rules in
Egypt. The lack of a real separation of powers and “checks and balances”
between the three powers often leads the judiciary to become
a periphery in the executive body, rather than an independent authority
that invigilates and monitors any violation of the law. Judges who refuse
to comply with executive wishes are often subjected to persecution from
the Ministry of Justice and its Judicial Inspection Department, which can
reach up to the level of impeachment. The Ministry of Justice uses judicial
accountability as a tool of retribution over disobedient and inconsistent
judges. Currently, the executive authority monopolizes the judicial
accountability process and its outcomes. Reformation towards a
transparent democratic judiciary requires major participation by the public
in the judicial accountability process. This participation aims not only to
exclude the authority of the Ministry of Justice over the judiciary and the
judges, but it also aims to increase public participation in a democratic
judiciary.