Legal adaptation and governance of constitutional declarations during transitional periods

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Abstract

Egypt has gone through many transitional periods over the past 100 years, during which time multiple constitutional declarations have been made. In this paper, the authors focused on the legal adaptation of constitutional declarations during transitional periods that can pose particular challenges as these periods are often characterized by political instability, uncertainty, and lack of an established legal framework. However, to ensure that the principles of democracy, human rights, and the rule of law are upheld, there is a need to ensure that the constitutional declaration is adopted and effectively implemented during the transition period. However, the authors used a historical-analytical approach to address the question of governance of constitutional declarations during Egypt’s transitional period (Saleh, 2020). The relevance of this paper includes drafting and adopting a new or revised constitutional declaration that reflects the changing political landscape and the aspirations of the people, ensuring that the principles of democracy and the rule of law are upheld during the transitional period (Elsaadani, 2020). The main findings of the paper are establishing clear and defined constitutional rules and procedures for constitutional declarations and ensuring compliance with these rules.

Keywords: Governance, Constitutional Declaration, Constitution, Transitional Periods, Annulment of Constitutional Declaration, Judicial Oversight via Annulment, Constitutional Claim

Authors’ individual contribution: Conceptualization — A.Z.; Methodology — A.Z.; Software — A.M.A.; Validation — A.M.A.; Formal Analysis — A.Z.; Investigation — M.E.K.; Resources — M.E.K.; Data Curation — A.Z.; Writing — Original Draft — A.Z.; Writing — Review & Editing — A.Z.; Visualization — M.E.K.; Supervision — A.Z.; Project Administration — A.Z.; Funding Acquisition — A.Z.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K15, K16, K19

Received: 09.01.2023
Accepted: 08.08.2023
Published online: 11.08.2023

How to cite this paper: Zakaria, A., Afify, A. M., & Kandeel, M. E. (2023). Legal adaptation and governance of constitutional declarations during transitional periods. Corporate Law & Governance Review, 5(2), 42–55. https://doi.org/10.22495/clgrv5i2p5