Tamir Moustafa, The Rule of Law in Egypt: Prospects and Challenges. Hague Institute for the Internationalisation of Law, Rule of Law Quick Scan Series, April 2012.
Summary: In the wake of Hosni Mubarak’s fall in 2011, Egypt stood at a critical juncture with the chance to rebuild its political and legal institutions. Moustafa situates the rule of law within Egypt’s broader historical trajectory, showing how cycles of authoritarian consolidation under Nasser, Sadat, and Mubarak weakened judicial autonomy and normalized emergency courts and exceptional laws. Yet, moments of reform—particularly under Sadat and the creation of the Supreme Constitutional Court—also established important institutional footholds for judicial independence. After 2011, Egypt faced both opportunities and obstacles: invigorated civil society organizations, expanded political rights, and the promise of a new constitution contrasted sharply with continuing challenges such as weak due process, limits on freedoms of expression and association, and persistent executive dominance.
Moustafa emphasizes that Egypt’s legal system matters not only domestically but also regionally, given its longstanding role as a model for Arab legal institutions. The report underscores the uncertainty of Egypt’s post-2011 transition: while the revolutionary moment opened unprecedented space for reform, the legacies of authoritarian rule, entrenched emergency powers, and socioeconomic inequalities posed formidable barriers to realizing a genuine rule of law.