The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt

Description

For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

Tamir Moustafa is Associate Professor of International Studies and Jarislowsky Chair in Religion and Cultural Change at Simon Fraser University. His research stands at the intersection of comparative law and courts, religion and politics,and state-society relations, all with a regional focus on the Middle East. He was the recipient of the Edward S. Corwin Award for the Best Dissertation in Public Law from the American Political Science Association (2004) and the Best Dissertation Award from the Western Political Science Association (2004).

'The revision of a doctoral dissertation accepted by the University of Washington, Professor Tamir Moustafa's The Struggle for Constitutional Power: Law, Politics and Economic Development in Egypt is a model of outstanding scholarly research. This book deals with an important topic, and Moustafa does it justice. Not only does this volume constitute a comprehensive analysis of political and economic change in Egypt during the past 40 years, but it suggests new directions for scholarly research for students of comparative law and legal systems. No specialist in the fields specified can afford to ignore this important study.' Law and Politics Book Review 'This is an important book, to be read by scholars and students of comparative constitutionalism and constitutional democracy. Moustafa addresses fundamental questions such as whether democracy is a necessary prerequisite for effective judicial power. He challenges the common assumption that courts in authoritarian states are pawns of the regime and obstacles to the realization of minority rights. ... Highly recommended.' Choice