After the Revolution: Egypt's Changing Forms of Corruption

Egypt’s revolution of January 25, 2011 was impelled by a desire to eliminate “conventional corruption,” a particular kind of corruption that occurs when government officials illegally abuse public office for private gain. Illegal quid pro quo transactions, including acts of bribery, are prominent examples of conventional corruption. This form of corruption is to be contrasted with “unconventional corruption,” a form of corruption that has (thus far) been absent in Egypt. Unconventional corruption occurs when elected officials put personal campaign finances ahead of the public interest without engaging in a quid pro quo transaction. These different forms, conventional and unconventional corruption, are not necessarily exhaustive of the universe of corruption. However, classification of corruption in these terms serves a purpose: when conventional corruption decreases, there is often a correlating increase in unconventional corruption. This relationship is relevant for purposes of analyzing corruption in Egypt because Egypt’s new constitution, although imperfect, provides for greater restraints on executive power, and thus, in turn provides a foundation for a reduction in conventional corruption. However, as a result, problems of unconventional corruption are likely to emerge. Fortunately, unconventional corruption is not an inevitable side effect of progress—it can be contained. With a certain bit of insight and courage, the people of Egypt can reform their campaign finance system and bring forth a true democracy—one where elected officials make decisions not for the benefit of potential political funders, but rather, for the benefit of the people. AUTHORS: M. Patrick Yingling is an Associate, Reed Smith LLP; Law Clerk, U.S. Court of Appeals for the Third Circuit, 2012-2013; Visiting Lecturer, Moi University School of Law, 2011; J.D., University of Pittsburgh School of Law; B.S., Bucknell University. Mohamed A. ‘Arafa is an Adjunct Professor of Islamic Law, Indiana University Robert H. McKinney School of Law; Assistant Professor of Criminal Law and Criminal Justice Systems, Alexandria University Faculty of Law; Visiting Professor of Business Law, Arab Academy for Journal of International Law 24 Science, Technology, and Maritime Transport (College of Business Management); S.J.D., Indiana University Robert H. McKinney School of Law; LL.M., University of Connecticut School of Law; LL.B., Alexandria University School of Law. Journal of International Law