The Political Role of the Supreme Constitutional Court of Egypt: Case Study on an Established Constitutional Court in Times of Transition

Newly established constitutional courts are often perceived as important actors in democratization processes (Czarnota et al. 2002). The Supreme Constitutional Court (SCC) of Egypt differs from these newly established courts, as it was created under authoritarian rule in 1971 and has played an important, albeit ambivalent role in Egypt´s political system (Moustafa 2007). After the toppling of President Mubarak, the Court has not been abolished despite the suspension of the constitution of 1971. Taking the SCC as a case study, my paper sheds light on the question, which role established constitutional courts play in times of transition. Analyzing and contextualizing two crucial decisions issued in June 2012, I retrace the court´s effort to assert itself in a politically difficult situation. I underline the importance of the SCC´s former jurisdiction and practice as well as its judges´ conceptions of office in order to understand the SCC´s role in Egypt´s transition.