Abstract
Recent political and legal developments within the Arab region have resurrected previously dormant historical debates and endowed them with a new life and vitality. The theory of exceptionality has been prominent within these debates, being repeatedly reasserted in different constitutional drafts, and even celebrated, as a means through which political authority maintain and secure ‘the public order’. 
 
 Egypt long lasting rule relying on an emergency context has provided a worthy manifestation of how emergency rule have been installed in political and legal settings; and become presented as an only way to govern; in which it had been incorporated in different constitutions and manifested into a political exercise. We dedicate this article to witness these overlapping challenges to analyze why post-revolutionary regimes have failed to deliver a meaningful transformative constitutionalism that is based upon the principle of the rule of Law, and continued instead to rely on the emergency status as module of governance.
Highlights
Over the course of the 20th century, the debates about the state of emergency being a “profoundly elusive and ambivalent concept”2 have been analysed in as an act of political governance
Egypt long lasting rule relying on an emergency context has provided a worthy manifestation of how emergency rule have been installed in political and legal settings; and become presented as an only way to govern; in which it had been incorporated in different constitutions and manifested into a political exercise
Once they have experience the ability to operate with fewer restraints and limits they are unlikely to be willing to give up such freedom.” 6 Egypt long lasting rule relying on an emergency context has provided a worthy manifestation of how emergency rule had been installed in political and legal settings; and become presented as an only way to govern
Summary
Over the course of the 20th century, the debates about the state of emergency being a “profoundly elusive and ambivalent concept” have been analysed in as an act of political governance. The state of emergency have been re-asserted in postrevolutionary constitutional documents and into current political practices In this matter Gross and Ní Aoláin highlights that while authorities expand their powers depending on this normalization, “they are not the only ones who get used to the new normalcy [...]. 162 of 1958 was introduced in the Gamal Abdel-Nasser era as way to constitute and construct a military rule that envisages the colonial exceptionality rule This Law has been considered a prominent document to base and construct continuous regimes and affirm them with exceptional power to control both the public and private sphere of citizens. We argue that post-revolutionary changing regimes engaged in a process to ‘re-constitutionalize’ and normalize the exceptionality rule either through constitutional and legal texts, or through political practices, leading in this manner to oppress the demands of the revolutionists
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