الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص The time period in question played an important role when it was chosen. The reason for the choice of the period from 1914 to 1952 was that at the beginning of that period Britain declared its protection over Egypt, and the resulting procedures the judiciary took a portion of it. At the end of that period, the revolution of July 1952 began and the winds of change began to loom on the judicial and legislative conditions. The principle of separation of powers is an effective means of ensuring respect for and good application of laws. The concentration of power in a single body would disqualify its neutrality and generality. In this case, the enactment of laws may be limited to individual cases, which is contrary to the generality and impartiality of the laws. If the function of legislation, as well as the function of implementation, had been assigned to a single body, that body would have been able to pass such legislation, according to its point of view, fit to deal with individual problems and cases in the course of implementation, which will deny the law the most important of its qualities, generality and impartiality. The same applies if the functions of legislation and the judiciary are assigned to one body. The principle of the independence of the judiciary is not a provision or article of a law or a constitution, but rather a general principle of law; the existence of which is established without the need to provide for it. The researcher has dealt with that principle in the introductory chapter through its definition foundations, content, and safeguards. I have given some examples of violations of that principle by the authority through the attack on the President of the Council of State and the massacre of judges, and the resulting removal of judges who were against the Revolutionary Command Council. |