By Eugene Cotran, Mai Yamani
ISBN-10: 1860645623
ISBN-13: 9781860645624
Read or Download The Rule of Law in the Middle East and the Islamic World: Human Rights and the Judicial Process PDF
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Additional info for The Rule of Law in the Middle East and the Islamic World: Human Rights and the Judicial Process
Example text
The petitioners claimed that the actions of the President, even if approved by the People’s Assembly, violated this constitutional provision. By the time the court considered the matter, Law no. 133 (1981) had been repealed by Article 2 of the law concerning sales tax promulgated by Law no. 11 (1991). However, the court stated that even if a law has been abrogated before the constitutional issue arises, such abrogation does not negate the effect it had during its lifetime, and is thus still a matter of concern for the court.
The petitioner claimed that taxes should be levied on regular income, on a renewable resource. If the expected income ceased, then its collection would be Rule of Law 12/4/99 4:51 pm Page 33 THE RULE OF LAW IN EGYPT FROM A JUDICIAL PERSPECTIVE 33 unconstitutional. The principle applies with the same force on taxes levied on capital, which is not necessarily renewable. What mattered most to the court was that the Constitution regarded general taxes, including the challenged one, as having serious economic impacts on the public interest, and that taxes must therefore be strictly constructed in order to ensure that they meet the object they seek to attain without upsetting constitutional considerations or the requirements of social justice.
Because they entail restrictions on personal freedom, criminal provisions must be tailored with definiteness and accuracy, without vagueness or over-breadth that could lead to contradictory interpretations or cast doubt on their intended meaning. The law on nature reserves balances the need for effective control over the reserves to preserve their unique natural characteristics, against the right of Rule of Law 34 12/4/99 4:51 pm Page 34 THE RULE OF LAW IN THE MIDDLE EAST AND THE ISLAMIC WORLD those having contact with the reserves to be given a clear indication of their geographical boundaries which establish the dividing line between permissible and illegal activity.