Sudan Archive

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The majority of that council agreed to it, and then the Egyptian and English governments ratified it. I do not know if anyone believes that this system necessitates the abolition of the Mixed Courts, but I believe that the most accurate thing to say about it is that it necessitates the continuation of the judicial system known as the Mixed Courts, God willing. This is a concise answer to the question I have explained, and it is better for me now to elaborate on the two matters I have mentioned, providing a broad explanation for them, which are: (1) The possible change in the fundamental laws by which the courts will be governed in the future. (2) The possible change in the composition of these courts. As for the first matter, I believe it is necessary for the benefit of the discerning Europeans in Egypt that the principles of the civil and commercial laws enacted for them be in accordance with the principles familiar to most of them. It is sufficient for me here to reiterate what was stated in my report for last year (page 12), where I said: I point out that the British and Egyptian governments officially declare that they do not intend to change the fundamental principles upon which the current civil and criminal laws are based. Rather, these principles will remain applied according to the principles of European laws, especially the laws of the Latin nations, and that they will be added to, amended, and modified as the country's conditions and needs require. Perhaps an objection will be raised to this statement, arguing that the fundamental principles upon which the current civil and criminal laws are based are not as clear and explicit as they should be. I concede that this objection is not without theoretical validity, but I do not believe that the interpretation of that statement is deeply satisfactory. Its intention is clear: that the origin of Egyptian laws is derived from a group of laws that do not resemble the laws of any single country perfectly, but rather share some characteristics and features, as is known to those familiar with comparative law. I request that the Egyptian laws be such that they can be gradually improved according to the country's needs, as happens in various Latin countries. However, I also request that no fundamental change be made that would interrupt this continuous development. I offer three guarantees against interrupting this development: the first is the aforementioned principle, which I advise the Egyptian and Latin governments to adopt. The second is that the Egyptian laws be such that they are amenable to development. The third is that if a dispute arises regarding the definition of a "fundamental principle" (and the occurrence of such a dispute is very probable), it will be submitted to the Council of Ministers for a decision.

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