The Supreme Constitutional Court ( Arabic : المحكمة الدستورية العليا , Al Mahkama Al Dustūrīya El ‘Ulyā ) is an independent judicial body in Egypt , located in the Cairo suburb of Maadi .
64-422: Supreme Constitutional Court may refer to: Supreme Constitutional Court of Egypt Supreme Constitutional Court of Syria Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Supreme Constitutional Court . If an internal link led you here, you may wish to change the link to point directly to
128-530: A pan-ethnicity consisting of people of different ethnic and national backgrounds. As a result, some Latin Americans do not take their nationality as an ethnicity , but identify themselves with a combination of their nationality , ethnicity and their ancestral origins. In addition to the indigenous population, Latin Americans include people with Old World ancestors who arrived since 1492. Latin America has
192-475: A few groups in the country's highlands. In Bolivia , Aymara , Quechua and Guaraní hold official status alongside Spanish. Guarani is, along with Spanish, an official language of Paraguay , and is spoken by a majority of the population (who are, for the most part, bilingual), and it is co-official with Spanish in the Argentine province of Corrientes . In Nicaragua , Spanish is the official language, but, on
256-566: A judgment convicting the defendants in absentia, sentencing them to three years in prison based on Article 151 of the Penal Code. The defendants' legal team appealed this ruling, arguing that the aforementioned article violated Article 14 of the Constitution. In 1925, an amendment to the election law was enacted during a period of parliamentary dissolution. This led to resistance from some mayors and local leaders, who refused to accept
320-698: A majority; some are dominated by inhabitants of European ancestry; and some countries' populations are primarily mulatto . Black , Asian , and zambo (mixed black and native American) minorities are also identified regularly. White Latin Americans are the largest single group, accounting for more than one-third of the population. The Latinobarómetro surveys have asked respondents in 18 Latin American countries what race they considered themselves to belong to. The figures shown below are averages for 2007 through 2011. Don't know/No response. Weighted using 2011 population. Spanish and Portuguese are
384-459: A predominance of mixed indigenous and European descent or mestizo , population; in others, native Americans are a majority; some are mostly inhabited by people of European ancestry; others are primarily mulatto . The largest single group are white Latin Americans . Together with the people of part European ancestry, they combine for almost the totality of the population. Latin Americans and their descendants can be found almost everywhere in
448-461: 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. The Supreme Constitutional Court is empowered to declare the unconstitutionality of any text in a law or regulation that it encounters in
512-541: 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. 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,
576-532: Is attributed to former Chief Justice Dr. Awad El-Mer, who served from 1991 to 1998. The main conference hall within the court is named in his honor. On April 18, 2008, a reorganization of divisions within the Greater Cairo Governorate resulted in the establishment of two new governorates: Helwan and October 6. Following the issuance of the decision to create Helwan Governorate , the Supreme Constitutional Court determined that its location on
640-628: Is primarily spoken in the Lesser Antilles. It is a French-based creole, that is the local language spoken among the natives of the Caribbean islands of Saint Lucia and Dominica and also in Martinique and Guadeloupe . Creole languages of mainland Latin America, similarly, are derived from European languages and various African tongues. The vast majority of Latin Americans are Christians (90%), mostly Roman Catholics . About 71% of
704-515: 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. 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
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#1732764930517768-594: 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. Operating as an independent judicial body, the Supreme Constitutional Court
832-516: The Caribbean region, creole languages are spoken. The most widely spoken creole language in the Caribbean and Latin America in general is Haitian Creole , the predominant language of Haiti ; it is derived primarily from French and certain West African tongues with indigenous, English, Portuguese and Spanish influences as well. The other most spoken Creole is Antillean Creole French that
896-617: The Dominican Republic and Puerto Rico in the Caribbean —in summary, Hispanic America , plus Brazil and Haiti . Canada and the United States , despite having sizeable Romance-speaking communities, are almost never included in the definition, primarily for being predominantly English-speaking Anglosphere countries. Latin America, therefore, can be defined as all those parts of the Americas that were once part of
960-509: The Spanish , Portuguese or French colonial empires, namely Spanish America , Colonial Brazil and New France . . The population of Latin America comprises a variety of ancestries, ethnic groups and races, making the region one of the most diverse in the world. The specific composition varies from country to country: many have a predominance of mixed European and native American, or mestizo , population; in others, native Americans are
1024-741: The courts . The issue of the constitutionality of laws first emerged in the judicial arena in 1924 before the Alexandria Criminal Court. 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
1088-551: The world's second largest Christian population , after Europe . According to the 2005 Colombian census or DANE, about 3,331,107 Colombians currently live abroad. The number of Brazilians living overseas is estimated at 2 million people. An estimated 1.5 to two million Salvadorians reside in the United States. At least 1.5 million Ecuadorians have gone abroad, mainly to the United States and Spain. Approximately 1.5 million Dominicans live abroad, mostly in
1152-569: The Caribbean. Dutch is the official language of some Caribbean islands and in Suriname on the continent; however, as Dutch is a Germanic language , these territories are not considered part of Latin America. Indigenous languages are widely spoken in Peru , Guatemala , Bolivia and Paraguay , and, to a lesser degree, in Mexico , Chile and Ecuador . In Latin American countries not named above,
1216-503: The Constitution, which serves as the highest law in the country. Judges are mandated to respect both categories of law when adjudicating any case. However, if a provision of ordinary law conflicts with a provision of the Constitution , the judge is required to prioritize the constitutional provision, reflecting the supremacy of the Constitution. As a result of the efforts of legal scholars in Egypt to establish judicial oversight of
1280-526: The Court issues its ruling. 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
1344-567: 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. However, if the Court deems oral argument necessary, it may hear
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#17327649305171408-923: The Latin American population consider themselves Catholic. Membership in Protestant denominations is increasing, particularly in Brazil , Guatemala and Puerto Rico . Argentina hosts the largest communities of both Jews and Muslims in Latin America. Indigenous religions and rituals are practiced in countries with large indigenous populations, especially Bolivia, Guatemala, Mexico and Peru, and Afro-Latin American religions such as Santería , Candomblé , Umbanda , Macumba and Vodou are practiced in countries with large Afro-Latin American populations, especially Cuba, Brazil, Dominican Republic and Haiti. Latin America constitutes, in absolute terms,
1472-814: The Nile Corniche, within the Al-Basateen district, had become geographically associated with Helwan rather than the capital, Cairo. This situation raised constitutional concerns, as the 1971 Constitution mandates that the court must be located in the capital. This provision is specified in Chapter Five of the Fifth Title of the 1971 Constitution under the heading "Supreme Constitutional Court," particularly in Article 174. To resolve this issue, former President Mohamed Hosni Mubarak intervened to address
1536-729: The President of the Court exercises the powers typically granted to the Minister of Administrative Development and the head of the Central Agency for Organization and Administration. The provisions of the Public Budget Law apply to the Court's budget and final accounts in matters not specifically addressed by this law. Demands for judicial oversight of the constitutionality of laws in Egypt emerged at both doctrinal and judicial levels long before legislative measures were enacted to address this issue. Legal scholars advocated for
1600-611: The President, Vice Presidents, and counselors last for three years and are renewable. Latin Americans Latin Americans ( Spanish : Latinoamericanos ; Portuguese : Latino-americanos ; French : Latino-américains ) are the citizens of Latin American countries (or people with cultural, ancestral or national origins in Latin America). Latin American countries and their diasporas are multi-ethnic and multi-racial . Latin Americans are
1664-557: 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: The Supreme Constitutional Court is empowered to declare the unconstitutionality of any text in a law or regulation that it encounters in
1728-510: The Supreme Constitutional Court, ensuring its independence from the executive . Following the January 25 Revolution in 2011 and the subsequent presidential elections in 2012, a significant dialogue and debate took place over a six-month period regarding a draft for a new constitution for Egypt, titled the "Draft Constitution of Egypt 2012." This culminated in a public referendum held in two phases on December 15 and 22, 2012. The new constitution
1792-568: The Supreme Council of the Armed Forces, which was responsible for managing the country's affairs at that time. Consequently, October 6 returned to its affiliation with Giza Governorate, while Helwan reverted to Cairo Governorate, as both were seen as desert extensions complementing the urban and agricultural expansion plans of Cairo and Giza . To be appointed as a counselor in the Supreme Constitutional Court, an individual must meet
1856-617: The Supreme Court would consist of no more than nine judges, selected from among law professors at Egyptian law schools, advisors from other courts, and legal practitioners before the Egyptian Court of Cassation. 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
1920-753: The United States. More than 1.3 million Cubans live abroad, most of them in the United States. It is estimated that over 800,000 Chileans live abroad, mainly in Argentina, Canada, United States and Spain. Other Chilean nationals may be located in countries like Costa Rica, Mexico and Sweden. An estimated 700,000 Bolivians were living in Argentina as of 2006 and another 33,000 in the United States. Central Americans living abroad in 2005 were 3,314,300, of which 1,128,701 were Salvadorans , 685,713 were Guatemalans , 683,520 were Nicaraguans , 414,955 were Hondurans , 215,240 were Panamanians and 127,061 were Costa Rica . As of 2006, Costa Rica and Chile were
1984-461: The arguments of the lawyers representing the parties and the representative of the Commissioner's Authority. 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. The Court may grant permission for
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2048-595: The authority to determine the conformity of draft laws governing political rights and legislative and local elections with the Constitution prior to their enactment. Laws in this context are exempt from the subsequent oversight described in previous articles. The Supreme Constitutional Court is situated on the Nile Corniche in Maadi , Greater Cairo , and covers an area of 4,000 square meters. The building comprises four floors, which include courtrooms, conference halls,
2112-469: The beginning of its fiscal year and concluding at its end. The President of the Court is responsible for preparing the budget proposal, which must be submitted to the competent authority after being reviewed and approved by the Court's General Assembly. The General Assembly exercises the powers granted to the Minister of Finance under relevant laws and regulations regarding the Court's budget. Meanwhile,
2176-423: The case, including the notification of documents and judgments. The plaintiff is required to deposit a guarantee of twenty-five pounds in the court treasury upon submitting the petition. In cases with multiple plaintiffs filing a joint petition, only one guarantee is necessary. The court will confiscate the guarantee if it issues a ruling declaring the case inadmissible or dismissing it. The court clerk will not accept
2240-734: The conflict is resolved. 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 Supreme Judicial Council . 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. Only lawyers admitted to practice before
2304-552: The conformity of laws with the Constitution, the Administrative Court issued a pivotal ruling in 1948 that marked as turning point for the Egyptian judiciary's authority over the constitutionality of laws. This ruling clarified the judiciary's right to confront unconstitutional laws. The court based its decision on the premise that Egyptian law does not formally or substantively prevent Egyptian courts from exercising
2368-423: The constitutional impasse on April 21, 2008. He stated that the Constitution mandates the Supreme Constitutional Court to be located in the capital and issued a decree to administratively reassign the court to Cairo Governorate. Following the January 25 Revolution, the transitional government led by Dr. Essam Sharaf annulled the governorates of Helwan and October 6 as part of a reshuffling of governors initiated by
2432-458: The constitutional provision allegedly violated, and the grounds for the alleged violation. 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
2496-404: The country's Caribbean coast English and indigenous languages such as Miskito , Sumo , and Rama also hold official status. Colombia recognizes all indigenous languages spoken within its territory as official, though fewer than 1% of its population are native speakers of these. Nahuatl is one of the 62 native languages spoken by indigenous people in Mexico that are officially recognized by
2560-459: 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. 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
2624-460: 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. 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
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2688-566: 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. In 1941, the Egyptian Civil Court issued a landmark ruling affirming the authority of courts to oversee the constitutionality of laws. This ruling established the existence of two types of laws within the legal framework of Egypt: ordinary laws, which govern proceedings in Egyptian courts and are utilized by judges to resolve disputes, and
2752-455: 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. Final appointments are made through a decision issued by the President of the Republic. Furthermore, Article 177 of the 2012 Constitution grants the Supreme Constitutional Court
2816-484: 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. The permanent Egyptian Constitution, issued in 1971, contains specific provisions regarding
2880-473: The election registers and subsequently went on strike. In response, the Public Prosecution ordered their immediate arrest and prosecution for failing to comply with government directives issued by their legal superiors. The defense counsel for the defendants argued that the amended election law was unconstitutional, as it had been enacted in the absence of Parliament. They contended that the refusal to act on an unlawful law should not result in punishment. In 1926,
2944-418: The establishment of the Supreme Constitutional Court in 1979. The designation "Supreme Constitutional Court" was established with the promulgation of the 1971 Constitution, which created the court responsible for overseeing the constitutionality of laws and defined it as an independent judicial authority. Following this, Law No. 48 of 1979 was enacted to regulate the operations, structure, and jurisdiction of
3008-441: The first to the fourth floor. This design mirrors the layout of ancient Egyptian temples, characterized by columns and capitals adorned with lotus and papyrus motifs. The columns reach a height of 28 meters, and there is a fountain designed in the shape of a lotus flower. Additionally, the court incorporates glass panels that complement the ancient Pharaonic aesthetic of the building. The establishment of this historical edifice
3072-492: The general qualifications required for holding judicial positions as stipulated by the Judicial Authority Law. Additionally, the candidate must be at least 43 years of age. Appointments are made from among the following categories: The President of the Supreme Constitutional Court is appointed by the President of the Republic, who selects from among the members of the Supreme Court or other candidates who meet
3136-964: The government as "national languages" along with Spanish. Other European languages spoken in Latin America include: English , by some groups in Argentina , Chile , Costa Rica , Nicaragua , Panama and Puerto Rico , as well as in nearby countries that may or may not be considered Latin American, such as Belize and Guyana ; English is also used as a major foreign language in Latin American commerce and education. Other languages spoken in parts of Latin America include German in southern Brazil , southern Chile , Argentina, portions of northern Venezuela and Paraguay; Italian in Brazil , Argentina, Uruguay and Venezuela; Polish , Ukrainian and Russian in southern Brazil; and Welsh in southern Argentina. Hebrew and Yiddish are used by Jewish diasporas in Argentina and Brazil. In several nations, especially in
3200-410: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Supreme_Constitutional_Court&oldid=928790553 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Supreme Constitutional Court of Egypt The Supreme Constitutional Court
3264-543: The largest diasporas of Spaniards , Portuguese , Africans , Italians , Lebanese and Japanese in the world. The region also has large German (second largest after the United States), French , Palestinian (largest outside the Arab states), Chinese and Jewish diasporas . The specific ethnic and/or racial composition varies from country to country and diaspora community to diaspora community: many have
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#17327649305173328-438: The necessary oversight responsibilities. Such oversight is viewed as an essential application of the principle of separation of powers. Additionally, the court relied on the discretionary authority granted to Egyptian courts in addressing the cases before them, which enables the court to disregard any ordinary law that contradicts a provision of the Constitution. The judicial landscape in Egypt remained largely unchanged following
3392-523: The new constitution. In 1969, President Gamal Abdel Nasser of the United Arab Republic issued Law No. 81, establishing the Supreme Court, which was officially inaugurated in 1970. This court was tasked with the responsibility of overseeing the constitutionality of laws. Many legal scholars consider this decision a remedy for the shortcomings of the Fifty Committee Project. The Supreme Court continued to fulfill its constitutional duties until
3456-500: The office of the court's president, 33 offices for advisors, and a legal library containing numerous legal texts and references. Architecturally, the structure combines elements of ancient Egyptian architecture with contemporary design, symbolizing a modern interpretation of traditional styles. The building is inspired by the Temple of Luxor , featuring 14 Pharaonic obelisks on the ground floor and an additional 14 obelisks extending from
3520-508: 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. A fixed fee of twenty-five Egyptian pounds is imposed on constitutional cases, covering all judicial procedures related to
3584-429: The petition if it is not accompanied by proof of this deposit. The provisions regarding fees and expenses in matters not specifically addressed by this law are governed by Law No. 90 of 1944 concerning judicial fees in civil matters and the Code of Civil and Commercial Procedures. The Supreme Constitutional Court maintains an independent annual budget, which is prepared similarly to the general state budget, commencing at
3648-405: The population of speakers of indigenous languages is small or non-existent. In Peru , Quechua is an official language, alongside Spanish and any other indigenous language in the areas where they predominate. In Ecuador , while holding no official status, the closely related Quichua is a recognized language of the indigenous people under the country's constitution; however, it is only spoken by
3712-711: The predominant languages of Latin America. Spanish is the official language of most of the countries on the Latin American mainland, as well as in Puerto Rico (where it is co-official with English), Cuba and the Dominican Republic . Portuguese is spoken only in Brazil , the biggest and most populous country in the region. French is spoken in Haiti , as well as in the French overseas departments of French Guiana in South America and Guadeloupe and Martinique in
3776-616: The right of courts to review the constitutionality of applicable laws and to refrain from enforcing such laws in disputes brought before them, without directly challenging or declaring these laws void. 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 viewpoint sparked extensive legal debate, leading many legal scholars to acknowledge
3840-417: The right of the Egyptian judiciary to oversee the constitutionality of laws. This recognition was grounded in the principle of the legality of laws, the assertion that upholding the law falls within the purview of judges, and the necessity for a judicial body to ensure the legality of laws in light of the principle of separation of powers. However, a minority of legal scholars opposed granting this authority to
3904-524: The ruling of the Administrative Court until the July Revolution of 1952 . This revolution prompted the drafting of a new constitution to replace the 1923 Constitution, known as the "Fifty Committee Project." This project proposed the establishment of a Supreme Court with the authority to oversee the constitutionality of laws, representing the first practical attempt to create such a court in Egypt for legislative oversight. The project stipulated that
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#17327649305173968-476: The specified appointment criteria. Notably, the appointment of the President of the Court is not subject to retirement age limitations. The Vice Presidents and counselors of the Court are appointed by a decision from the President of the Republic following consultation with the Supreme Judicial Council. The appointment decision specifies the position and seniority of each appointee. Terms for
4032-1029: The world, particularly in densely populated urban areas. The most important migratory destinations for Latin Americans are found in the United States , Spain , France , Canada , Italy and Japan . Latin America ( Spanish : América Latina or Latinoamérica ; Portuguese : América Latina ; French : Amérique latine ) is the region of the Americas where Romance languages (i.e., those derived from Latin )—particularly Spanish and Portuguese , as well as French —are primarily spoken. It includes 21 countries or territories: Mexico in North America ; Guatemala , Honduras , El Salvador , Nicaragua , Costa Rica and Panama in Central America ; Colombia , Venezuela , Ecuador , Peru , Bolivia , Brazil , Paraguay , Chile , Argentina and Uruguay in South America ; and Cuba , Haiti ,
4096-486: Was ultimately approved on December 25, 2012, with approximately 64% of voters in favor and 36% against. Under the new constitution, the Supreme Constitutional Court continues to function as an independent judicial body based in Cairo, with exclusive jurisdiction to adjudicate the constitutionality of laws and regulations. The law outlines its additional powers and the procedures to be followed. The constitution specifies that
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