Egyptians don't need another era of dysfunctional government dominated by leaders with their own political interests.
Egypt is in a tug-of-war between old and new forces between the usual suspects - the military, political parties and the Brotherhood-led executive branch. But another political heavy weight has joined the fray - the Supreme Constitutional Court. The past two years since the revolution have shown that Egypt's Supreme Constitutional Court (SCC) is a force to be reckoned with in Egypt's new political landscape. One need only look to Egypt's missing People's Assembly and still un-enacted election law.
As analysts focus on political jockeying between the Muslim Brotherhood and its opponents, the courts are often assumed to be a disinterested stakeholder. To the contrary, the SCC has not cowed from rebuking the Morsi administration on key decisions. These decisions are part of a war of attrition between the SCC and the Brotherhood to which the winner is yet to be determined.
But the losers are clearly the Egyptian people.
Established in the 1971 constitution, the SCC is the only court in Egypt that specialises in and has authority to determine the constitutionality of new laws. Thus, no law could be amended or enacted without the SCC's approval. This has proven to be a powerful tool in shaping electoral politics.
Long before Morsi's presidential victory, the Brotherhood viewed the SCC as a culprit in the exploits of the former regime. In the spring of 2012, newly elected Muslim Brotherhood parliamentarians openly challenged the independence of the SCC. The Justices, all of whom were appointed by Mubarak, were accused of being tools of the Mubarak regime used to validate laws that kept their corrupt benefactor and his cronies in power.
The solution was to transfer the SCC's jurisdiction under the Court of Cassation and reassign the Justices to the appellate courts.
And thus the war of attrition began.