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العنوان
السياسة التشريعية في مجال القوانين الاقتصادية المصرية في الفترة من (1952 – 2007) /
المؤلف
حسين، أيمن عبد المرضي عبد الجيد.
هيئة الاعداد
باحث / أيمن عبد المرضي عبد الجيد حسين
مشرف / السيد عطية عبد الواحد
مشرف / حسن عبد الحميد محمود
مشرف / محمد إبراهيم محمود الشافعي
تاريخ النشر
2014.
عدد الصفحات
600 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2014
مكان الإجازة
جامعة عين شمس - كلية الحقوق - فلسفة القانون وتاريخه
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 551

from 551

المستخلص

The issue of economic development has remained a major interest for both the advanced and developing countries, and this issue still occupies a great importance in the developing countries as the main and only choice before these countries to be free of economic backwardness.
from this point the developing countries considered the economic development their first issue and their main battle, and these countries varied in the strategy put to face this battle as they practiced varied and different approaches aiming at reaching the ideal strategy that guarantees achieving the economic ambitions of these countries.
Egypt was among these countries that went through these economic experiments, as the Egyptian economy passed by severe variations from 1952 till now, in which the economic policy and the legislative economic policy have changed, from the farthest left to the farthest right, and Egypt is still living with what some calls the transitional period, which is no more transitional as it changed to permanent.
The Egyptian economy is in constant and continuous change, since the middle of the past century till now, because of the internal social changes or because of the international changes.
Studying the economic laws in the period from 1952 till date was not addressed in a dependant study through examination and analysis, especially in the relation between the economic and legislative policy which is the topic of the study, as the legislative economic policy is deemed one of the most important tools the state has to manage the national economy, as through this policy the state achieves its targeted economic goals.
The importance of this study rises as it examined the study of the effects of economic changes experienced by the Egyptian economy through the period of the study from 1952 to 2007, focusing on the role that may be played by the legislative economic policy, especially in the shade of the variation of the economic philosophy applied in each stage of the study, and the variation of the economic systems applied in each stage according to the dominant economic philosophy, and how may the legislative policy in the field of economic laws be among the favourite tools to attain the success of economic policies for each economic system.
The study addressed the legislative policy through the economic laws issued in each period in the former half century, each of which representing a political and economic type that differs from its anterior.
As light is shed on these early stages starting from the 1952 revolution, and declaring its principles by which Egypt entered a new political and economic stage, turning the political system of the state from the monarchy to the republican system entailing the change in the economic philosophy and system too, and following economic and legislative policy in line with these new variables in the state that began with affecting the constitution of 1956 that adopted an economic philosophy based on adopting a mixed economic system, and accordingly using an economic policy producing numerous economic laws to interpret that goal.
The afterwards political events affecting the economic status, among which the triple aggression on Egypt in 1956, pushing the country to adopt an economic policy depending on the Egyptianization for the foreign economic establishments in Egypt starting from 1957.
Then the study examined an important transformation stage in the Egyptian economy, which is the stage of applying the socialist economic system, which started in 1961 as light was shed on the philosophy of this change, and I analyzed the most important legislative tools used by the economic legislative policy to make this change and evaluation of this experiment.
Then the study examined the change that started on the performance of the economic policy especially after 1967 as the political status of the state due to the aggression of 1967 affected the economic status, and dropping the socialist system was started gradually, starting the adoption of a new economic philosophy, and this transformation affected the economic legislative policy that used some of its legislative tools to do this.
Then the study addressed an important event in the Egyptian economic philosophy starting from 1974, in which the state’s economic philosophy went towards applying the economic openness policy indicating the most important reasons that made the state adopt this policy, and the effect of this transformation on the economic legislative policy, and the most important legislative tools used by this policy to interpret this transformation and the evaluation of this experiment.
Then the study dealt with another important stage of change in the Egyptian economic philosophy that started in 1991 associated to some international political variables among the most predominant of which the collapse of the Soviet Union and the termination of the cold war and the prominence of the United Sates as a global power leading the world solely, and what follows that of the promotion of the phenomenon of globalization especially with the economic concept, and Egypt was not isolated from these developments taking place on the international arena, as it was affected by them as a part of this world, and among the most important economic results of this joining the World Trade Organization in 1995.
Also the change in the Egyptian economic philosophy in this period related to some internal economic reasons on top of which the problem of debts (internal and external), and the other causes that made the Egyptian government make an agreement with each of the World Bank and the International Monetary Fund to apply the program of economic reform starting from 1991, and what followed that of adopting an economic policy depending on applying the free market economy mechanisms resulting in applying the policy of privatization to the public sector companies, which is deemed among the most important results of applying the economic reform program, and the afterwards change in the trends of the economic legislative policy, and using legislative tools aiming at putting rules in accordance with the free market economy.
Finally, the study examined the issue of the constitutional reforms on 1971 constitution in 2007 and the evaluation of these reforms, by which 34 articles were removed from the constitution, from which 11 articles were representing the socialist economic trend in the constitution, contradicting the economic status quo, which depends on applying the free market mechanisms.
Finally, the study concluded the following result:
1) the economic system in Egypt was developing in general, with the development of political and social conditions experienced by the society, and often the political system related to the political condition, and for many times the economic system was used as a tool of the political affair tools, as the economic policy and the political policy are faces of one coin, and they must relate to reality, and to consider the current and interlaced problems of the society, so the economic intellect is not eventually away from visualizing the issues of the society, and discovering the factors controlling them or related to them, or these that caused there existence.
Hence, if the legislative policy is to achieve the aims of the economic policy in the economic field several factors must be provided, on top of which the clarity of the economic philosophy to be applied in the mind of the legislative policy maker, especially if it concerns applying a specific economic system, whether this system was socialist or capitalistic or mixed, as each of these economic systems has its own philosophy, and has its qualities and features distinguishing it from the other systems, also each system has its rules representing the base that must be available to be applied correctly.
The clear inconsistency between the trends of economic legislative policy on one hand and the economic constitutional principles that existed in most of the periods of the study on the other hand, which resulted in many of the legislative tools used by the economic legislative policy during these periods were contradicting many of the constitutional principles and this situation was not corrected, except at the end of study’s period in 2007 when the constitution of 1971 was reformed to match the economic reality in Egypt.
2) the ideal economic model for the status of Egypt is that model that is based on making a balance between the two poles of the economy so it does not represent the central tightened economy nor the loose market economy but in the middle between them, which is called the social market economy, as this economic model connects the economic and social reform and market economy, assuring the role of the state in the economic activity enhancing the role of private activity.
3) As working with the social market system means using market mechanisms, and making use of there advantages along with economic and social control, and limiting there harms and treating there distortions, as this system has two dimensions (economic and social) and is based on making a constant balance between market economy (based on supply and demand with the competition aiming at profit) and the social development system (as the core of the economic and social activity and a tool for achieving it).