ABSTRACT
This chapter discusses the factors that led to the institutionalisation of the state of exception in Egypt’s legal system. It argues that the legacy of legal modernity is of a utilitarian nature in Egypt, and was introduced to both achieve state dominance over society and serve specific political and economic interests. However, the promotion of individual rights and freedoms was overlooked within this process of modernisation. In addition, the adoption of a state-centric approach to legal and institutional reform during the transitional period following the 2011 Revolution resulted in empowered security apparatuses at the expense of accountability for violations committed before and during the revolution. This approach helped resuscitate the state of exception through the normal legal order, comprising normal legislations and courts, rather than through solely adopting exceptional measures—such as declaring a state of emergency and State Security Court—as was the situation before the revolution.
