The Supreme Constitutional Court (, Al Mahkama Al Dustūrīya El ‘Ulyā) is an independent judicial body in Egypt, located in the Cairo suburb of Maadi.
The Supreme Constitutional Court is the highest judicial authority in the Arab Republic of Egypt, with its headquarters located in Cairo. Its primary function is to ensure that laws are in compliance with the provisions of the Egyptian Constitution. The court has the power to annul any laws that are found to violate constitutional texts and articles.Constitutional law: General Theory - The Egyptian Constitutional System/Mohamed Abdelrahman Heloul
Operating as an independent judicial body, the Supreme Constitutional Court is separate from both the legislative and executive branches of government. The court is composed of a president, one or more vice presidents, and a sufficient number of counselors. Rulings are issued by a panel of seven counselors, and such rulings are final and cannot be contested by any means.Article 48 of the Supreme Constitutional Court Law
In addition to its role in reviewing laws, the Supreme Constitutional Court also determines the appropriate jurisdiction in cases of conflict between governmental authorities. Several conditions must be met for the court to establish competent jurisdiction: the dispute must arise between two judicial bodies or entities with judicial authority; it must originate from two judgments that definitively resolve the issue; the judgments must be contradictory to the extent that simultaneous enforcement is impossible; and the conflicting judgments must be issued by two functionally independent courts.Constitutional law: General Theory - The Egyptian Constitutional System / Mohamed Abdelrahman Heloul, page 13Constitutional law: General Theory - The Egyptian Constitutional System / Mohamed Abdelrahman Heloul, page 14
Specialization The permanent Egyptian Constitution, issued in 1971, contains specific provisions regarding the Supreme Constitutional Court within Articles 174 to 178. This is followed by a statement of subsequent amendments and the texts of the Supreme Constitutional Court Law, enacted by Law No. 48 of 1979, which outlines its competencies. These competencies are as follows:
Monitoring the constitutionality of laws and regulations.Article 25 of the Supreme Constitutional Court Law. Interpreting legislative texts that raise controversy in application. Adjudicating conflicts of jurisdiction between judicial bodies or bodies with jurisdiction. Adjudicating a dispute over the execution of two conflicting final judgments. Interpreting the texts of laws issued by the legislative authority and decrees issued by the President of the Republic in accordance with the provisions of the Constitution, if they raise a dispute in application and are of such importance that their interpretation must be standardized.Article 26 of the Supreme Constitutional Court Law.
The Supreme Constitutional Court is empowered to declare the unconstitutionality of any text in a law or regulation that it encounters in the course of its functions, provided that the text is relevant to the dispute before it. This declaration follows the prescribed procedures for preparing constitutional cases.Article 27 of the Supreme Constitutional Court Law.
The law specifies the methods for submitting cases to the court in various forms, as well as the procedures for the preparation and examination of these cases until a ruling is issued.
Additionally, the Supreme Constitutional Court participates in international activities. It is a member of the Association of Supreme Constitutional Courts and Councils, holds observer status in the Association of European Constitutional Courts, and serves as an observer member in the Association of Constitutional Courts of Latin American countries.
Litigation procedures The Supreme Constitutional Court is empowered to declare the unconstitutionality of any text in a law or regulation that it encounters in the course of its functions, provided that the text is relevant to the dispute before it. This declaration follows the prescribed procedures for preparing constitutional cases.Article 28 of the Supreme Constitutional Court Law.Article 29 of the Supreme Constitutional Court Law.
The law specifies the methods for submitting cases to the court in various forms, as well as the procedures for the preparation and examination of these cases until a ruling is issued.
Additionally, the Supreme Constitutional Court participates in international activities. It is a member of the Association of Supreme Constitutional Courts and Councils, holds observer status in the Association of European Constitutional Courts, and serves as an observer member in the Association of Constitutional Courts of Latin American countries.
Referral method: If a court or judicial body, during the course of hearing a case, finds that a provision in a law or regulation necessary for resolving the dispute may be unconstitutional, it is required to suspend the case and refer the matter, without any fees, to the Supreme Constitutional Court for a ruling on the constitutional issue.Article 29(a) of the Supreme Constitutional Court Law. Payment method: If, during the hearing of a case, one of the parties challenges the constitutionality of a legal provision, and the court or judicial body deems the challenge to be serious, the case must be postponed. The court is required to set a deadline, not exceeding three months, for the party raising the challenge to file a case before the Supreme Constitutional Court. If the case is not filed within the specified period, the challenge is deemed null and void.Article 29(b) of the Supreme Constitutional Court Law.
The referral decision to the Supreme Constitutional Court, or the petition submitted to it, must include a statement identifying the legislative provision being challenged for unconstitutionality, the constitutional provision allegedly violated, and the grounds for the alleged violation.Article 29(b) of the Supreme Constitutional Court Law.Article 30 of the Supreme Constitutional Court Law.
Any interested party may request the Supreme Constitutional Court to designate the competent judicial body to hear the case. The request must detail the subject of the dispute, the judicial bodies that have previously examined the matter, and the actions taken by each body. The submission of such a request automatically suspends all related ongoing cases until the Court issues its ruling.Article 31 of the Supreme Constitutional Court Law.
Additionally, any interested party may petition the Supreme Constitutional Court to resolve a conflict arising from the enforcement of two contradictory final judgments. The request must describe the enforcement dispute and explain the nature of the contradiction between the two rulings. Upon request, the President of the Court may order the suspension of one or both judgments until the conflict is resolved.Article 32 of the Supreme Constitutional Court Law.Article 33 of the Supreme Constitutional Court Law.
A request for legal interpretation may be submitted to the Court by the Minister of Justice at the request of the Prime Minister, the Speaker of the People's Assembly, or the . The request must outline the legislative provision in question, the disagreement over its application, and the importance of ensuring uniform interpretation to promote consistency in its enforcement.Article 33 of the Supreme Constitutional Court Law.Article 35 of the Supreme Constitutional Court Law.Article 37 of the Supreme Constitutional Court Law.Article 38 of the Supreme Constitutional Court Law.
Only lawyers admitted to practice before the Court of Cassation and the Supreme Administrative Court are permitted to appear before the Supreme Constitutional Court. The government must be represented by a member of the State Lawsuit Authority, holding at least the rank of Counselor.
The Supreme Constitutional Court generally rules on cases and petitions without oral argument.Article 42 of the Supreme Constitutional Court Law. However, if the Court deems oral argument necessary, it may hear the arguments of the lawyers representing the parties and the representative of the Commissioner's Authority.Article 43 of the Supreme Constitutional Court Law. In such cases, parties are not permitted to appear before the Court without legal representation. Additionally, parties that have not submitted memoranda as required under Article 37 are not entitled to have a lawyer represent them during the session.Article 44 of the Supreme Constitutional Court Law.
The Court may grant permission for the parties' lawyers and the Commissioner's Authority to submit supplementary memorandum, within deadlines it establishes. The procedural rules concerning the presence or absence of parties, as outlined in the Code of Civil and Commercial Procedures, do not apply to cases and petitions before the Supreme Constitutional Court.Article 45 of the Supreme Constitutional Court Law.
The types of its provisions
The court's judgments and decisions are issued in the name of the people.Article 46 of the Supreme Constitutional Court Law. The court shall, on its own initiative, rule on all incidental matters.Article 47 of the Supreme Constitutional Court Law. The court's rulings and decisions are final and not subject to appeal. The rulings of the Supreme Constitutional Court in constitutional cases, as well as its decisions on interpretations, are binding on all state authorities and individuals. Judgments and decisions must be published in the Official Gazette free of charge within fifteen days from the date of issuance. A ruling that declares a provision in a law or regulation unconstitutional results in its inapplicability starting the day after the publication of the judgment, unless the Court specifies a different date. However, a judgment declaring a tax provision unconstitutional has direct effect in all cases, preserving the plaintiff's right to benefit from the ruling. If the ruling of unconstitutionality concerns a criminal provision, all convictions based on that provision are rendered null and void. The President of the Commissioner's Authority is responsible for promptly notifying the Public Prosecutor of the ruling upon its announcement to facilitate necessary actions.Article 49 of the Supreme Constitutional Court Law. The Supreme Constitutional Court has exclusive jurisdiction over all disputes concerning the enforcement of its judgments and decisions. The provisions outlined in the Civil and Commercial Procedure Code apply to these disputes, provided they do not conflict with the nature of the Court's jurisdiction or the specific conditions established before it. The filing of a dispute does not automatically result in the suspension of execution unless ordered by the Court until the resolution of the dispute.Article 50 of the Supreme Constitutional Court Law. The provisions outlined in the Code of Civil and Commercial Procedures apply to the rulings and decisions issued by the Supreme Constitutional Court in matters not specifically addressed by its governing laws, provided that they do not conflict with the nature of those rulings and decisions.Article 51 of the Supreme Constitutional Court Law.
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