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Local government

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Also known as: Arab Republic of Egypt, Arab Socialist Republic, Jumhūriyyat Miṣr al-ʿArabiyyah, Miṣr

Until 1960 all government administration was highly centralized, but in that year a system of local governance was established to decentralize administration and promote greater citizen participation at the local level. The 1960 Local Administration Law provides for three levels of subnational administration—muḥāfaẓāt (governorates; singular muḥāfaẓah), markaz (districts or counties), and qariyyah (villages). The structure combines features of both local administration and local self-government. There are two councils at each administrative level: an elected people’s council and an executive council that is appointed. Although these councils exercise broad legislative powers, they are controlled by the central government.

The country is divided into 27 governorates. Four cities—Cairo, Alexandria, Port Said, and Suez—have governorate status. The governor is appointed and can be dismissed by the president of the republic. The governor is the highest executive authority in the governorate, has administrative authority over all government personnel except judges in the governorate, and is responsible for implementing policy.

The governorate council is composed of a majority of elected members. According to law, at least half of the members of the governorate council are to be farmers and workers. In practice, however, it has not been possible to achieve this ratio, in part because farmers work long hours with little spare time to run for office, let alone attend long meetings. Moreover, many older farmers and workers do not have a high enough level of formal education to serve effectively. The town or district councils and the village councils are established on the same principles as those underlying the governorate councils.

Governorate and local councils perform a wide variety of functions in education, health, public utilities, housing, agriculture, and communications; they are also responsible for promoting the cooperative movement and for implementing parts of the national plan. Local councils obtain their funds from national revenue, a tax on real estate within the governorate, miscellaneous local taxes or fees, profits from public utilities and commercial enterprises, and national subsidies, grants, and loans.

Justice

The 2014 constitution emphasizes the independent nature of the judiciary. There is to be no external interference with the due processes of justice. Judges are subject to no authority other than the law; they cannot be dismissed and are disciplined in the manner prescribed by law. Judges are appointed by the state, with the prior approval of the Supreme Judicial Council. The council is also responsible for the affairs of all judicial bodies; its composition and special functions are specified by law.

The court structure can be regarded as falling into four categories, each of which has a civil and criminal division. These courts of general jurisdiction include district tribunals, tribunals of the first instance, courts of appeal, and the Court of Cassation; the latter is the highest court of appeal and has the power to override the rulings of lower courts. Court sessions are public, except where consideration of matters of public order or decency decides otherwise. Sentence is passed in open session.

In addition, there are special courts, such as military courts and courts of public security—the latter dealing with crimes against the well-being or security of the state. The Council of State is a separate judicial body, dealing especially with administrative disputes and disciplinary actions. The Supreme Constitutional Court in Cairo is the highest court in Egypt. Its functions include judicial review of the constitutionality of laws and regulations and the resolution of judicial conflicts among the courts.

Egypt was the first Arab country to abolish communal courts based on religion (1956). Personal status issues—such as marriage, divorce, and inheritance—are now adjudicated by civil courts, though these courts still take into consideration the statutes of Sharīʿah (Islamic law), the Coptic Orthodox Church, and other Christian institutions. The civil and penal codes as well as court procedure are based on French law, but these are influenced by Sharīʿah.