الإشكاليات الدستورية للفترات الانتقالية: دراسة مقارنة

الملخص EN

There is no doubt that legal studies concerning the recent transitional constitutional periods as well as the constitutional transformation as a whole in Egypt, have witnessed a remarkable scarcity.

as a matter of fact, it would be safe to say that some might not even know the exact legal nature of these transitional periods.

in this regard, this current paper will address the unique legal nature of the recent transitional constitutional periods in Egypt, which may not be identified or resembled to other established constitutional matters such as the constitutive power or the idea of legal system transformation.

in light of the above, it is of the utmost importance to realize the difference between the nature of transitional decisions and the nature of works of the transitional authority concerned with the state's administration.

originally, all decisions and actions taken during a transitional period shall be legally binding in nature.

that is to say, these decisions shall be legally binding to all subordinate executive authorities concerned with carrying out these orders; and at the same time, these decisions shall also be included within the applicable legal system, even if this inclusion was adopted for just an interim period of time.

furthermore, this current study will provide firm and compelling evidence showing that by virtue of law, constitutional declarations are in fact constitutional works; not to mention that in a way or another, they will definitely impact the new constitution which is being developed to end the transitional period.