Immunizing State Contracts from Legal Challenges by Non-parties: Abolishing the Citizens’ Right to Protect the Public Property or Organizing It

Document Type : Original Article

Author

The British University in Egypt Faculty of Law

Abstract

This study analyzes the Supreme Constitutional Court’s ruling in Egypt no. 120 for judiciary year 36 on Saturday, January 14, 2023, headed by Chief Justice Bolous Fahmy Iskandr. This paper aims to analyze the legal reasons the Supreme Constitutional Court relied on to conclude its ruling considering the statutes that immunize state contracts from legal challenges by non-parties constitutional. Furthermore, this paper considers Islamic legislative norms as methodological tools and criteria for analyzing the court’s ruling. These norms, according to Article 2 of the Egyptian constitution that states “… Principles of Islamic law are the main source of legislation”, are considered constitutional principles to which all legal acts and statutes must be adhered. Therefore, any violation or contradiction of these norms invalidates the statute.

Even though the court did not give significant space to one of the appellant arguments that these statues violate the second article in the constitution, as it violates one of the significant Islamic legislative norms, the court's legal reasoning in this ruling triggered certain principles of Islamic legal theory. The Court’s legal reasoning in this ruling represents an explicit vision of mixed economics, politics, legal philosophy, and law. This paper interacts with this vision based on Islamic legal philosophy, showing the differences.

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International Journal of Doctrine, Judiciary and Legislation
Volume 6, Issue 1
Issue 1, 2025
February 2025
Pages 114-139

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