解构法律与威权主义的关系:法律如何在2011年后的埃及巩固威权主义

IF 0.5 Q3 LAW
Mohamed Elgohari
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引用次数: 0

摘要

这篇文章认为,埃及的法律和法律机制不仅强化了威权主义,而且是阻止甚至扭转法治萌芽的途径。该政治政权利用法律巩固其统治,提高其合法性,打击反对派和异见人士,限制自由和权利。在埃及,法律和威权主义不仅共存,而且相互交叉,相互支持。该政权利用法律使其专制政策和做法合法化,以此为借口恢复秩序和稳定,打击恐怖主义。自2013年以来,该法律不仅是威权主义的工具,也是统治政权和军事机构通过发布新的法律和行政命令或修改现有法律和行政令来维护对社会的控制、使自己脱离法律/宪法机制和问责的工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Deconstructing the Relation between Law and Authoritarianism: How Law Consolidated Authoritarianism in Post-2011 Egypt
This article argues that law and legal mechanisms in Egypt have not simply reinforced authoritarianism but have also been the avenue through which embryonic moves toward the rule of law have been halted and even reversed. The political regime has utilized law to consolidate its rule, boost its legitimacy, crack down on opposition and dissent, and restrict freedoms and rights. In Egypt, law and authoritarianism have not only co-existed but also have intersected and been mutually supportive. The political regime has used laws to legalize its autocratic policies and practices as a pretext to restore order and stability and fight terrorism. Since 2013, the law has been a tool not simply for authoritarianism in general but also for the ruling regime and military institution to assert control over society, to place themselves out of reach of legal/constitutional mechanisms and accountability either by issuing new laws and executive orders or altering existing ones.
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来源期刊
CiteScore
0.50
自引率
33.30%
发文量
23
期刊介绍: The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Shari"a and secular. Now in its third decade, it provides an important forum of authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered are Arab laws in trans-national affairs, commercial law, Islamic law (the Shari´a), and international comparative law.
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