In Egypt, the Executive and the Judiciary Face Off

A conflict is developing between the Egyptian government and the judiciary as the deadline for drafting the nation's constitution approaches. Through the election of Mohammed Morsi in June 2012, the Egyptian Muslim Brotherhood gained control of the executive branch of Egypt's government. The group now wants to gain control over the legislature, but to do so, it needs the judiciary to rule in favor of the legality of the Constituent Assembly — a step that would legitimize the constitutional draft before it goes to referendum and lay the ground work for parliamentary elections in 2013.

The judiciary is large and multifaceted, so the government is trying to overtake it through divide and conquer tactics, exploiting rivalries and factions among its numerous groups. In a move meant to separate one faction of judicial leadership, Justice Minister Ahmed Mekki on Nov. 11 announced that judges would supervise the national referendum to approve the constitution. The previous week, a powerful judges' syndicate warned that judges would boycott the referendum if no agreement were reached on articles in the constitution related to the judiciary.

The 100-member Constituent Assembly is due to approve a final draft by Nov. 20; the national referendum will take place shortly thereafter. The ruling on the Constituent Assembly and the national referendum on the constitution will be a key test in the balance of power among the judiciary, the executive and the legislative branches of government.