Characteristics of Law

• Law is a set of rules governing social relationships, enforced by the state, if needed using force.

Characteristics of Law

• Laws must be general, applying universally within their scope, like tax laws affecting all taxpayers.
• Judicial orders or administrative decisions do not qualify as law, they apply only to specific cases or people.
• Laws are regulatory to create order by applying to similar situations, enacted consciously by people.
• Legal rules consistently apply with intent and can bring legal consequences when broken.
• Law exists within a community and regulates social interactions.
• Maintaining order and ensuring societal coexistence are a key function of law.
• A lack of established norms results in chaos and conflict in a lawless society.
• Penalties separate legal rules from moral or religious rules
• Enforced sanctions differentiate law from religion or morality.
• Penalties can be criminal or civil, such as imprisonment or debt payment.
• Compliance is ensured by the fear of penalties.
• Laws gain respect for preserving social order and allowing progress.

Necessity of Law

• Laws are vital for ensuring peaceful coexistence in a community.
• Resolving conflicts, ensuring cooperation, and preventing violence are all necessity of laws.
• Laws address the complexities of modern relationships and interactions.
• "Absolute freedom" can infringe on others, leading to conflict without laws
• Laws balance individual liberty with society's need for harmony.

Sources of Law

• The origins or foundations from which legal rules arise:

Formal Sources

• Includes legislation and custom
• Laws are enacted by a formal authority, codified, written, and accessible to the public.
• Custom is from long-standing practices recognized as legal norms, rooted in community traditions.

Informal Sources

• Includes jurisprudence and court precedents
• The interpretation and study of law by scholars, influencing how laws are interpreted or applied.
• Court decisions set precedents that influence the development of law.

Material Sources

• Includes the consideration of societal, economic, geographical, and cultural conditions.
• Laws arise from the need to regulate business practices due to growing commerce.

Custom vs Legislation

• Custom is flexible and adapts to community changes and reflects the people's lived experiences.
• Custom lacks formal documentation, which can cause confusion and inconsistency
• Disputes arise about its existence or interpretation, which causes legal uncertainty
• Conflicting customs between regions may lead to fragmentation in a country.
• Legislation is clear, systematic, and uniform and is formally drafted, amendable and addresses emerging needs.
• Legislation may be disconnected from the realities of the people, especially if poorly drafted.

Legislation

• Legislation is the formal process of enacting laws by a competent authority to govern behavior.
• Legislation provides legal rules which helps eliminate ambiguity and clearly defines when a rule applies, which reduces disputes.
• "Written law" gives society order and stability, removes uncertainties of customary laws because it is written and formalized.
• Legislation creates a unified legal system that applies equally and standardizes laws.
• France, Italy, and Germany replaced region-based customary laws with unified national legislation by the 19th century.
• Legislation is adaptive, quick to create or amend compared to custom.

Criticism & Solutions

• It is argued that legislation is from a legislator's skill, not social evolution.
• Irrelevance or harm can be caused if legislation does not match societal needs.
• Legislators should be skilled in identifying real legal needs
• Legislation should be regularly revised and amended in response to social developments.
• Good legislation should be inspired by the real sources of law like social and economic conditions
• Legislators must closely observe society changes to ensure laws stay compatible with their source and purpose.

Types of Legislation

• Basic or principal legislation (constitution) sets out the structure of government and rights.
• Ordinary legislation addresses day-to-day legal issues.
• Subsidiary Legislation is from the executive branch to implement and regulate ordinary legislation.

Legislative Enactment & Repeal

• Proposal, debate, legislative body approval, and executive approval are needed in the legislative process.
• Repealing outdated laws is done by the legislature to keep the legal system relevant.

Constitution of Egypt (Amendments and Revisions)

• The process of amendment and constitution versions of Egypt can be summarized in historical changes.
• 1923 Constitution was the first significant constitution in modern Egypt.
• 1956 Constitution was introduced after the Egyptian Revolution of 1952.
• 1964 Constitution enacted further changes in the political landscape.
• 1971 Constitution was permanent with the base of Egypt's governance until 2011.
• 2012 Constitution was drafted after the Egyptian revolution in January 2011.
• 2014 Constitution established a revised framework issued after the June 2013 revolution
• 2019 Amendments included extending the presidential term, allocating seats to women, and reinstating the post of vice president.
• Amendments are either proposed by the President or at least one-fifth of the House of Representatives.
• The proposal must specify the articles to be amended along with the reasons
• A proposed amendment must be approved presented for principle approval, discussed, and approved by a majority.
• No new proposal for amending the same articles can be submitted in the same term if rejected.
• After the principle is approved, the House has 60 days to discuss the details of the amendments.
• A two-thirds majority is needed to approve the draft amendment or rejected.
• if approved it has to be presented to the public in a referendum

Ordinary Legislation in Egypt

• Ordinary legislation follows a three-stage process:
  • Legislation proposals can be made by the President, the Council of Ministers, or at least one-tenth of the House of Representatives members.
  • The draft is referred to a specialized committee if proposed by the President or government.
  • If propesed by a HoR then it is sent to a special committee which asses it suitability before it proceeds to HoR

House of Representatives Approval:

• HoR convenes to discuss the legislation draft.
• Presence of a majority of members are needed to have a valid meeting
• The draft goes to a vote, where absolute majority approval is required for to pass.

President's Veto

• HoR approval is followed, by the bill being sent to the President for promulgation.
• The President is entitled to a veto and must return it in 30 days.
• It is automatically approved if the President does not veto within the specified time.
• HoR may override the veto with a two-thirds majority vote, making it a law.

Subsidiary Legislation & Executive Regulations

• Subsidiary legislation are regulations from the executive branch as a way to provide detailed provisions for the implementation of principal legislation
• A delegating of Authority can occur to enact detailed rules for the legislation,
• State Council Review is required to ensure compliance with the principal legislation.
• Mandatory Compliance is needed to ensure the compliance is in line with the original legislation

Implementation Of Legislation

• Enforce legislation through its promulgation and publication of law to make it enforceable.
• Legislation is promulgated once the President approves or does not veto, then he orders its implementation and enforcement.
• The legislation is published in the Official Gazette, then its enforcement begins.
• The law becomes enforceable once it is promulgated and published in the Official Gazette.
• The official proclamation makes the law known to the public so that it is not be binding until then.
• A law enters into force a month after publication, unless specified otherwise.

Ignorance of the Law

• According to Article 225 of the Constitution, everyone is expected to comply, regardless of their awareness.
• When the law is published in the Official Gazette and a month has passed, the law goes into immediate effect.
• Force Majeure makes the enforcement of new legislation be delayed until it is over.
• Ignorance because of force majeure cannot be claimed by foreigners and Egyptians abroad at the time of publication.
• Rules apply to all sources that are ligitations, custom and relegion.
• It can not be avoided based on lack of knoledge.
• Laws are classified as as manadatory and explanatory
• It has been agrued that all those the distictions are unnecessary to follow because it is what makes a legal oblication

Why there are No excuses for Ignorance

• Social necessity says that everyone much know and follow law.
• Individuals are not able to evade accountability through ignorance.
• Practical Necessity ensures everyone is accountable to follow the rule.
• It preserves ublic order and the rule of law consistently.

Force Majeure & Exceptions

• Force majeure is an unforeseen circumstances that stops the publc knoledge or to read laws
• All can be excused because of Wa, natural distaters, and infrastructure.
• There are limitatios, and this applies to ligisations rules only and only when in that particular.

Emergency ligistlation

• The president has authority to act when an emergency happened and HoR is not in session
• Process includes a decree from the president with the force of law
• HoR still need to aoprove and submit the president decrees in 15 days
• Otherwise the decree isnt valid
• All has to be necessity
• HoR must be dissolvedd, recesed or suspensed

Revoking laws

• Occuros when rules limit the its duration.

Implicit Revocation

• Contradict an existing law or makes it impossible to enforce both
• Civil Code stated
• new law is enacted that contradicts an existing law or makes it impossible to enforce both. The new law supersedes the old law.
  • If the Civil Code stated that ownership of fixed assets could be transferred by a mere contract, but a Law of Registration later stated that fixed assets could only be transferred through registration, the old Civil Code provision would be implicitly revoked in favor of the new law.

Special Provisions

• Special privision with in a law. has the power to revoke the other one

Egypt's Parliament- Houses

-Legislarture of 2 houses one is HR and other is HOS

• HR - 46 of 2014

Consitutional Role Powers

• Enacting. lefilation, approving policy.and oversiight

Framwork

-450 people direct, ballets

candiates

• citizens civily with education

Election systems

- law is determined

Presidental app

- -5 percent nominations

terms

-5 years session

governing LAw

-law set rules

HOS

• restateed of the constitution

HR requirements

- Egyptions
- 34 years degree

Senate

- Review of proposals to amends.

functions- roles

Presidant of Reyblic duties

-6 yeras

Term

- 130 days before terms

President position and requirments to run