The Supreme Constitutional Court is the highest judicial authority in the Arab Republic of Egypt, with its headquarters located in Cairo.
[1] Operating as an independent judicial body, the Supreme Constitutional Court is separate from both the legislative and executive branches of government.
[2] In addition to its role in reviewing laws, the Supreme Constitutional Court also determines the appropriate jurisdiction in cases of conflict between governmental authorities.
[12][13] Any interested party may request the Supreme Constitutional Court to designate the competent judicial body to hear the case.
The submission of such a request automatically suspends all related ongoing cases until the Court issues its ruling.
[14] 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 outline the legislative provision in question, the disagreement over its application, and the importance of ensuring uniform interpretation to promote consistency in its enforcement.
[23] The Court may grant permission for the parties' lawyers and the Commissioner's Authority to submit supplementary memorandum, within deadlines it establishes.
[32] The General Assembly exercises the powers granted to the Minister of Finance under relevant laws and regulations regarding the Court's budget.
[34] The first formal articulation of this perspective occurred in a lecture delivered in 1920, titled "The Role of the Judiciary in Constitutional Matters in the United States and Egypt.
This occurred while the court was considering an appeal submitted by the defense on behalf of a group of citizens who had been charged by the Public Prosecution with disseminating revolutionary ideas aimed at changing the political and social landscape in Egypt between 1923 and 1924 in Alexandria and other cities.
The court rendered a judgment convicting the defendants in absentia, sentencing them to three years in prison based on Article 151 of the Penal Code.
This led to resistance from some mayors and local leaders, who refused to accept the election registers and subsequently went on strike.
The defense counsel for the defendants argued that the amended election law was unconstitutional, as it had been enacted in the absence of Parliament.
In 1926, the court ruled in the defendants' presence, imposing a fine of ten Egyptian pounds on each of them for violating the official orders issued to them.
[41] The judicial landscape in Egypt remained largely unchanged following the ruling of the Administrative Court until the July Revolution of 1952.
Although the Fifty Committee Project began to take tangible steps toward implementation, it was ultimately thwarted by the revolution's leaders, who disregarded it and prepared an alternative draft for the new constitution.
48 of 1979 was enacted to regulate the operations, structure, and jurisdiction of the Supreme Constitutional Court, ensuring its independence from the executive.
The constitution specifies that the court shall be composed of a president and ten members, detailing that legislation will define the judicial or other bodies responsible for their nomination, the appointment process, and the required qualifications.
The Supreme Constitutional Court is situated on the Nile Corniche in Maadi, Greater Cairo, and covers an area of 4,000 square meters.
This design mirrors the layout of ancient Egyptian temples, characterized by columns and capitals adorned with lotus and papyrus motifs.
To resolve this issue, former President Mohamed Hosni Mubarak intervened to address the constitutional impasse on April 21, 2008.
Before assuming their duties, all members of the Supreme Constitutional Court take an oath to adjudicate fairly and uphold the law.
[49] The General Assembly of the Supreme Constitutional Court makes decisions by an absolute majority of the votes of those present.
In the event of a tie, the side supported by the President prevails, except when the vote is conducted in secret, in which case the proposal is considered rejected.
[57] Additionally, the General Assembly forms a Provisional Affairs Committee, chaired by the President of the Court and composed of two or more members.
[58] This committee is responsible for handling urgent matters during the Court’s judicial recess, acting in place of the General Assembly.