Transformationfrom Adversarialto Inquisitorial System (original) (raw)
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This report will be presented in Tianjin (International Asociation of Procedural Law Meeting) November 2017. In preparing this report, I have been assisted by a team of very distinguished colleagues. This a collective work, firstly there are those who gave direct transcriptions as contributions to the general report (main text and footnotes), without whose assistance this report would not be possible. Agradecería de Uds. poder recibir comentarios y observaciones que lo puedan enriquecer.
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The judicial process assumes great significance in a constitutional democracy. Its significance is even more remarkable in view of the individual rights that a constitution seeks to safeguard against acts of infringement. It has many dimensions that remain crucial to understanding the dynamics of what goes on in a court of law. It is about what judges do as well as what they ought to do. Judges play an important role in that doing justice is both arduous and demanding especially when they have to adjudicate upon hard cases. As time goes by, newer problems surface demanding judicial craft and courage. Moreover, the role of the judges is both pivotal and epochal in view of ‘judicial law making’ that has become a hallmark of the legal system in countries like India. It goes without saying that the State is entrusted with the power to decide disputes, and this represents the judicial power of the State, a power that has been assigned to the courts comprising of judges who exercise judicial functions. The term ‘court’ stands for the places where justice is administered and judicial power of the State is exercised to uphold the rights, to punish wrongs and to adjudicate upon disputes. It is said that the Judge’s Bench is a seat of power, and not only do judges have the power to make binding decisions, their decisions legitimise the use of power by other officials.
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The phenomenon of delay in litigation is considered one of the most important topics which researchers should care. This research has affirm belief that the right of litigants and enabling individuals to practice it and facilitating it is considered the first step of the way of social and economic establishment of all individuals in Egypt. The first supposition of justice necessitates and guarantees the right of citizens to resort to their usual judge to prevent the aggression on their rights, freedom and what can lead to getting their judicial equity within a reasonable period without unreasonable delay. It is not enough to mere state whether in constitution or law, the right of persons to resort to his judge in his suitable time. It is a must that the litigants should feel that justice is within reach and this cannot be attained except one can get his right in the least time and in the least expenses. Justice is not only conveying the right to its owner but also conveying it on two conditions: (1) in the nearest chance. (2) In the best way, namely, this must be done easily and without difficulties along with a period of time enough for preparing the means of avocation. The delay of litigation procedures for feeble reasons leads to losing the right of citizens and making those whose rights have been devoured resort to violence instead of using legal ways which can last for years. >>> Mohamed AbdElnaby Elsayed Ghanem, PhD (Law); "The Legislator And the Phenomenon of The Slow Pace of Litigation", Faculty of Law, Tanta University, Egypt, January 8, 2015.