Latest Articles

This study is a reading of the results of the referendum on the Egyptian constitution which was backed by 63.8% of those who voted and rejected by 36.2%. The opposition saw this result as testimony to it having become an organized force opposing political Islam whose popularity was declining. Do the results of the referendum really indicate a decline in the strength of political Islam in Egypt? Or a fall in the levels of support for the Muslim Brotherhood specifically? And that the opposition has developed an attractive alternative for voters? This study concludes that the drop in turnout at the referendum, most likely, reduced the share of the opponents of the Islamist trend, for the opposition has failed, or so it seems till now, to formulate a clear alternative program to the Islamist project. On the other hand, if turnout continues to decline, this suggests that a section of Egyptians feel that no one represents them or that they are beginning to despair of the political process. That is something that all the political currents and forces should pay attention to.

Economic inequality is one of the most pressing issues in the twenty-first century, given that a small minority controls the global economy and most influential power. This has led to an escalation of political instability and a decrease in social inclusion, as evidenced by studies related to the Arab Spring and the ongoing turmoil in the MENA. This quantitative study investigates the effect of capital formation and the rate of return on capital on economic inequality in countries of the region. The results demonstrated that the factors used to measure the formation of capital, such as total domestic savings and total fixed capital formation, positively correlate with economic inequality - increasing the inequality gap. Conversely, factors used to measure the rate of return on capital, such as real interest and the interest rate on deposits, correspond negatively with economic inequality. When the interest rate on deposits increases, economic inequality decreases. It is necessary to review fiscal and monetary policies to reform taxes and benefits to increase their impact on equity and redistribution, and to avoid the impact of capital and power accumulation.

This study focuses on the legal status of the Palestinian Declaration of Independence (PDI) issued in 1988 by the Palestinian National Council of the Palestine Liberation Organization (PLO), in light of the Palestinian Constitutional Court 2018 decision, which granted the declaration a "supra-constitutional" status—placing it above the Basic Law issued by the Palestinian Legislative Council of the Palestinian Authority (PA). The authors characterize the legal nature of the PDI as a "Declaration of Rights" and argue that the Court, in issuing its decision, overstepped its interpretive power, deeming the decision flawed due to the political considerations behind it, aiming at enhancing the legitimacy of the PA by invoking the symbolic legitimacy of the PLO. The study comparatively showcases experiences from the United States, France, Egypt, and Algeria, revealing that none of these jurisdictions have granted Declarations of Rights a status superior to that of the constitution. The authors conclude that the Court's decision was unsound and that the PDI should be treated as a reference constitutional document, but not one that supersedes the Basic Law.

This study examines the constitutional management of political transition in Algeria following the popular protests of February 2019 (the Hirak). After setting out the basic tenets of Transitional Constitutionalism, the study investigates the extent to which peaceful political change can be achieved through constitutional mechanisms or arrangements derived from inherited texts. In contrast to similar Arab cases, the Algerian experience was characterized by the adoption of a political plan to manage the transitional phase, based on constitutional measures derived from the texts in force. But it was not convincing for a large segment of the Hirak, who believed that these arrangements would restrict the path of change to reproduce the existing system at the expense of achieving peaceful political change. In this sense, managing the transitional political phase according to the applicable constitutional texts did not set a precedent. Rather, in Algeria, a kind of precedent was set in the restriction of the concept of constitutional solution to the literal requirements of the functional constitutional text, without partial constitutional amendments, nor a fundamental revision of the inherited legislative structure.

Following the ouster of President elect Mohamed Morsi after only one year in power, this paper looks at the future of elections in Egypt. Without any political party that holds the support of the masses, or the possibility of making up for this by building strong partisan alliances, the paper examines the rules of political practice and the nature of legislations based on the 2014 constitution in order to find a way forward amid a current deadlock. It finds a current legal and legislative condition that has restored Mubarak-era rules, characterized by weak partisan influence and a lack of the necessary political pluralism that accompanies democracy. It finds that, despite accelerating steps towards building partisan alliances and electoral consensuses, there are still structural obstacles hindering the establishment of a genuine parliamentary system, partly due to the weakness of political parties and the limitation of their legislative and procedural structure.

Rights groups and social movements in Egypt, including the April 6 Youth Movement developed the Transitional Justice Law based on previous experiences worldwide such as the South African one. Tunisia, which was the starting point of the Arab revolutions, beat Egypt to it by cooperating with the Ministry of Justice in South Africa. In 2003, Morocco established the Equity and Reconciliation Commission to look into human rights abuses from 1956-1999. This paper discusses the possibility of implementing the notion of transitional justice in Egypt and tries to use an approach that puts the national reconciliation and transitional justice mechanisms in their wider framework, i.e. democratic transition and institutional reform based on negotiations with political forces. The paper explores the philosophy of transitional justice, the organizational qualities that contribute to its success and the conditions that help overcome any arising challenges or possible resistance.

This study problematises the theoretical dialectic between the rule of law as a formal legal principle, and democracy as a political value. Taking a fundamental legal approach, the paper builds a concept of a constitutionalization democratic rule of law, through which it is possible to overcome the constant tension in democracy between the authority of the majority in deciding the law, and individual rights and freedoms. It concludes that the rule of law does not mean the rule of law over individual rights, and democracy does not mean the rule of the majority only, but that respect for individual rights and granting them a constitutional value are a prerequisite for constitutionalizing the principle of a democratic rule of law. However, the application of this principle, in practice, will be linked to the role of the constitutional judge in reconciling, through constitutional oversight, the power of the majority, which is embodied in the principle of the rule of law, and constitutional rights, which are the essence of the democratic principle.

The pattern of authoritarianism in Arab states has popularized the view that elections are a mere formality with no real political weight and are thus unworthy of study. Therefore, the field of electoral studies, in Arabic, has not received enough attention, despite being one of the most important thematic branches in contemporary political science. This paper defends the importance of exploring this field in Arabic, and employing approaches advanced by social sciences. It briefly presents the historical development of elections in the region since the 19 th century, which shows that elections are not a political act alien to the region, rather a well-established practice in several Arab contexts, if not always an expression of democratic rule. It introduces questions raised by contemporary Arab elections, which require answers that go beyond the standard descriptive and legal approaches that have dominated research on the matter so far. The presentation demonstrates the potential of structural approaches to provide analytical theoretical frameworks for understanding voter turnout and participation in the Arab context.

This study explores the concepts and premises related to youth movements, particularly as they relate to the democratic transition within the Arab Spring countries.

​In this section you will find the most important documents on democratic change in the Arab world. In this issue, we publish documents highlighting the political movement in Tunisia demanding democracy and look at the main political changes in Sudan, Iraq and Jordan in March and April 2022.