从曼希亚到亚历山大:重新审视埃及紧急状态的宪法化和正常化进程

Nora Taha, A. Khalil
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引用次数: 0

摘要

阿拉伯地区最近的政治和法律事态发展使以前沉寂的历史辩论死灰复燃,并赋予它们新的生命和活力。例外性理论在这些辩论中一直很突出,在不同的宪法草案中被反复重申,甚至被誉为政治权威维护和保障“公共秩序”的一种手段。埃及依靠紧急情况制定的长期规则有力地表明了紧急情况规则是如何在政治和法律环境中实施的;并成为治理的唯一途径;它被纳入不同的宪法,并表现为一种政治活动。我们专门用这篇文章来见证这些重叠的挑战,以分析为什么后革命政权未能实现基于法治原则的有意义的变革性宪政,而是继续依赖紧急状态作为治理模式。
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From Manshiya to Alexandria: Re-Examining the Process of Constitutionalizing and Normalizing the Emergency Status in Egypt
Recent political and legal developments within the Arab region have resurrected previously dormant historical debates and endowed them with a new life and vitality. The theory of exceptionality has been prominent within these debates, being repeatedly reasserted in different constitutional drafts, and even celebrated, as a means through which political authority maintain and secure ‘the public order’. Egypt long lasting rule relying on an emergency context has provided a worthy manifestation of how emergency rule have been installed in political and legal settings; and become presented as an only way to govern; in which it had been incorporated in different constitutions and manifested into a political exercise. We dedicate this article to witness these overlapping challenges to analyze why post-revolutionary regimes have failed to deliver a meaningful transformative constitutionalism that is based upon the principle of the rule of Law, and continued instead to rely on the emergency status as module of governance.
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