Another aspect in the process of de-modernization of the Egyptian state is the politicization of the judiciary, as a partner in direct state repression, as well as the erosion of its independence. This does away with one of the primary features of a modern state, namely, the separation of powers, and the independence of the judiciary. Since the coup of 2013, the Egyptian judiciary has played a pivotal role in state repression, through mass trials that lack the basics of due process, and mass death sentences. This also included sham trials for prominent members of the Muslim Brotherhood, the most infamous of which is the trial of former president Mohamed Morsi for espionage.
However, the participation of the judiciary in wave after wave of state repression was not sufficient for the regime. Thus, in 2019 as part of a broad constitutional amendment, the regime proposed amendments to a number of articles that eliminated the independence of the judiciary. The amendments enhanced the power of the presidency over the judiciary, giving the president the power to select the heads of the different judicial bodies, in addition to eliminating their budgetary independence.
Finally, there is the relationship between the state and the military institution. As part of the previously mentioned constitutional amendment, article 200 was amended, anointing the military as the guardian of the state, adding “protection of the constitution, democracy, the state and its secular nature, and personal freedoms” to its roles. Hence, placing the military above the state, and opening up the way for military intervention in order to protect the “secular” nature of the state. This effectively introduces a new concept of sovereignty, where power moves from the elected representative, to whom control of the state passes, to the military as the guardian of the state. In addition to that, in July 2018, the Egyptian Parliament approved the Law Concerning the Treatment of Some Senior Officers of the Armed Forces. This law provided immunity to senior members of the military, accused of mass repression or financial corruption. This adds another layer of protection to the leadership of the armed forces.
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Maged Mandour | Radio Free (2020-07-03T00:00:00+00:00) Egypt: a state serving the military. Retrieved from https://www.radiofree.org/2020/07/03/egypt-a-state-serving-the-military/
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