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Examined in this article are a number of aspects of Tunisia's 2014 constitution, specifically, the relationship between the presidency and the parliament; the status of the newly created constitutional court; the higher judicial council; constitutional controls and restrictions; the role of religion and the status of women in the new constitution; and administrative decentralization within the constitution. Adopting a comparative approach, the author examines each of these topics in their proper regional and historical context. This allows for a clearer understanding of what factors have allowed Tunisia's constitutional politics to advance so quickly when compared to other states in the region. Through successful dialogue, the Tunisian people were able to prove that ideological differences do not necessarily lead to conflict or stagnation. The author further argues that the pragmatic approach of Tunisian parties to the national dialogue provided a model of conflict resolution to be emulated across the globe.

Rights to equality and non-discrimination in international law form the core of this paper. It begins with a preliminary study of the legal codes including the historical development of these principals in international and regional legal human rights instruments. It looks at the question of segregation, exclusion, derogation, and preference as elements that make up discrimination. It relates this to the standards of differentiation between legitimate discrimination and unlawful or prohibited discrimination. It goes on to present international standards that identify the meaning of equality and non-discrimination, and investigates the basis of prohibited discrimination in particular among the groups that are subject to it. Applying this context to Arab countries, the paper examines the need for a modern law on equality and non-discrimination that could be better enforced than current legal frameworks.​

Why did the January 25, 2011 revolution in Egypt descend into a state of violent oppression of the revolutionaries on the grounds of securing stability and fighting terrorism? This paper examines how the manner in which regime change took place following the January 25 revolution impacted on the democratic transition and its trajectory. The author looks specifically at those transformations which served to divert the course of revolutionary momentum, turning an uprising previously centered on "democratization" in the broadest sense, including the change in the system of government and the protection of personal and social liberties, into a movement which is often described in academic literature as an "electoral revolution". In other words, revolutionary momentum was focused exclusively on procedural questions and the filling of vacant executive and legislative positions following the collapse of the Mubarak regime before the more fundamental precursors to democracy could be established. This first transformation took place before the "electoral revolution" was itself diverted into a "counter revolution" which targeted all of the revolutionary forces behind the original uprising, making way for the establishment of a totalitarian mode of government.

This study discusses the evolution of transitional justice in Morocco, demonstrating how the work of the Equity and Reconciliation Commission established within the regime has remained subject to the constraints of Moroccan politics. The Commission was declared a success prematurely, but over time it became clear that the Moroccan model needed to be reevaluated. The study concludes that the idea of "justice to the extent possible" obstructed transitional justice. Not only did this slogan serve to obscure the full truth; it also provided insufficient impetus to continue pushing for broader institutional reform. Although Morocco has experienced something of a human rights revival in recent years, it still harbours pockets of "lawful" injustice, broadly signaling an absence of sovereign law.

Transitional justice in Libya is the key to stability of state and society. Under the previous regime, many Libyans' rights were violated. The regime's collapse only exacerbated these violations, in addition to bringing about the country's social and cultural disintegration. The very exceptional nature of the Libyan state complicated efforts to establish a transitional justice system in post-revolution Libya. Successive governments since the revolution have failed to exercise control over security. This paper deals with transitional justice in three sections. The first reviews Libyan legislation since the 17 February 2011 revolution. The second analyzes reasons for the failure of legislative efforts to implement an integrated program of transitional justice. The third outlines short- and medium-term requirements for implementing a transitional justice program.

This study attempts to understand the concepts of democratic consolidation and of dictatorship, and explains which is closer to coming about in the Turkish state after the experience of the past sixty years. Despite the reforms undertaken by the AKP since it came to power in 2002 that aimed to curtail the constitutional and legal pretexts allowing the military to intervene in political life, there have been notable changes in the Turkish scene, especially in 2013 and 2014. It has been implied that Turkey is on course to consolidate dictatorship, and this makes the third and final phase of democratization in Turkey subject to very different assessments. On this basis, the study attempts to answer a key question: where is Turkey heading, towards democratic consolidation or towards dictatorship?

Palestine Over Two Months 1/5-30/6/2020

This paper examines the role of the constitution designing process in pushing the democratic transition towards cooperation, rather than conflict, in light of the great uncertainty that characterizes the democratic transition process regarding the future. The study focuses on four successful cases of democratic transition (Poland, Chile, South Africa, and Indonesia) to identify the common factors that contributed to their success. Through its comparative approach, the study concludes that the process of constitution designing more socio-political than legal as it requires a great deal of bargaining and negotiations to achieve balance and harmony between the existing political and social actors. The study shows how the adoption of arrangements that limit the absolute power of the majority (counter- majoritarian measures) was one of the strategies used to assuage any fears and build confidence among the various political actors.

This section lists the most prominent political documents related to the democratic transition in the Arab world. In this issue we publish documents related to Sudan and Tunisia. We will stop at the publication of documents for the months of November and December 2021.

This study monitors the role of external factors in the stability of Moroccan authoritarianism and controling the liberalization methods pursued by the government over two stages: the final years of the Cold War and the 2011 Arab Spring. As much as these factors contributed to widening the margin of liberalization in the Moroccan political arena, they also contributed to limiting this liberalization (September 11, the post-2013 counterrevolutionary movement), especially given the lack of internal will to mature it. While it is true that these factors have made an impact, this remained within certain limits that allowed actors abroad (the United States, the European Union and donor institutions) to control the transformations of Moroccan politics and to manage contradictions, thus creating an environment hostile to democratic transition in Morocco.