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Early in the transitional justice process during and after the Tunisian revolution, the need arose to develop a full-fledged legal framework guaranteeing the rights of victims and, at the same time, of perpetrators. However, no sooner was transitional justice legislation ratified than progress towards the objective faltered. In an atmosphere of partisan political turbulence, the legislation resulted in weak outcomes. This led to the conclusion that the foremost problem of transitional justice does not lie in an absence of political will as much as in the philosophy on which it is founded. This philosophy adheres to liberal democratic values in facing the painful past and restoring rights to victims of despotism – by stipulating a set of rights that put the victim and the executioner on the same footing, without the slightest consideration of the balance of power between them. Consequently, perpetrators and torturers tend to dodge justice and recognition of truth, equating reconciliation with accountability.

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.

​This study fits into a broad category of scholarship concerned with transitional periods in various political systems. Specifically, it examines the political transition in post-revolutionary Tunisia since 2011. It does so by comparing the legal provisions of the post-revolutionary transition - the major texts, which define the transitional stage - and the political realities, which take the shape of events, actions and political discourse. A point of particular focus is the 2011 elections to the National Constituent Assembly, which the author analyzes through the rubric of "electoral engineering". One more conclusion of the paper is that electoral engineering remains a feature of Tunisian politics, although it has gone from "authoritarian electoral engineering" to "democratic electoral engineering," reflecting changes which have taken in the country as a whole.

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.

​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.

ﺗﺘﻨﺎول ﻫﺬه اﻟﺪراﺳﺔ اﻟﺒُﻌﺪ اﻟﻌﺴﻜﺮي ﻓﻲ اﻟﺮﺑﻴﻊ اﻟﻌﺮﺑﻲ، ﻣﻦ ﺧﻼل ﺗﺴﻠﻴﻂ اﻟﻀﻮء ﻋﻠﻰ ا دوار اﻟﺘﻲ اﺿﻄﻠﻌﺖ ﺑﻬﺎ اﻟﻘﻮات اﻟﻤﺴﻠﺤﺔ ﻓﻲ اﻟﺪول اﻟﺘﻲ اﺟﺘﺎﺣﺘﻬﺎ رﻳﺎح اﻟﺜﻮرات؛ إذ ﻧﻠﺤَﻆ أن اﻟﺠﻤﺎﻫﻴﺮ اﻟﺸﻌﺒﻴﺔ اﻟﻤﺤﺘﺠﺔ اﻟﺘﻲ اﺻﻄﻔﺖ إﻟﻰ ﺟﺎﻧﺒﻬﺎ ﻫﺬه اﻟﻘﻮات ﻧﺠﺤﺖ ﻓﻲ ﺑﻠﻮغ ﻣﺮادﻫﺎ، ﺑﻴﻨﻤﺎ ﻟﻢ ﺗﺴﺘﻄﻊ اﻟﺸﻌﻮب اﻟﺘﻲ ﻟﻢ ﺗﺪﻋﻤﻬﺎ اﻟﺠﻴﻮش اﻟﺼﻤﻮد ﻓﻲ وﺟﻪ ﻗﻤﻊ اﻟﻘﻮات اﻟﻨﻈﺎﻣﻴﺔ. إن ا دوار اﻟﺴﻴﺎﺳﻴﺔ اﻟﺘﻲ أﺧﺬت اﻟﺠﻴﻮش اﻟﻌﺮﺑﻴﺔ ﺗﺆدﻳﻬﺎ اﻟﻴﻮم ﻻ ﺗﺆﻛﺪ ﻓﺎﻋﻠﻴﺔ ﻫﺬه اﻟﺠﻴﻮش وأﻫﻤﻴﺘﻬﺎ وﺣﺴْ ﺐ، وﻟﻜﻨﻬﺎ ﺗﺤﺚ أﻳﻀ ﺎ ﻋﻠﻰ إﺻﻼح اﻟﻤﺆﺳﺴﺔ اﻟﻌﺴﻜﺮﻳﺔ ﻓﻲ ﻫﺬه اﻟﺒﻠﺪان. وﻗﺪ أﺧﺬ ﺳﺆال إﺻﻼح ﻗﻄﺎع اﻣﻦ واﻟﺪﻓﺎع ﻳﺒﺮز ﺑﻘﻮة ﻓﻲ ﻣﺮﺣﻠﺔ ﻣﺎ ﺑﻌﺪ اﻟﺮﺑﻴﻊ اﻟﻌﺮﺑﻲ، ﺗﺠﺎوﺑًﺎ ﻣﻊ ﻣﺎ ﺗﻘﺘﻀﻴﻪ اﻟﻤﺮﺣﻠﺔ اﻻﻧﺘﻘﺎﻟﻴﺔ. وﻓﻲ ﻫﺬا اﻃﺎر، ﺗﺮﻛﺰ ﻫﺬه اﻟﺪراﺳﺔ ﻋﻠﻰ اﻟﺠﻮاﻧﺐ اﻟﺒﻨﻴﻮﻳﺔ ﺻﻼح اﻟﻘﻄﺎع اﻣﻨﻲ واﻟﻌﺴﻜﺮي ﻓﻲ دول اﻟﺮﺑﻴﻊ اﻟﻌﺮﺑﻲ. ﻛﻠﻤﺎت ﻣﻔﺘﺎﺣﻴﺔ: اﻟﺠﻴﻮش اﻟﻌﺮﺑﻴﺔ، إﺻﻼح ﻗﻄﺎع اﻣﻦ، اﻟﺮﺑﻴﻊ اﻟﻌﺮﺑﻲ. This paper explores the military aspect of the Arab Spring, and specifically the role played by formal armies in the Arab Spring states. Specifically, this paper focuses on the fact that popular revolutions during the Arab Spring were successful in those countries in which the military sided with the protestors, whereas revolutionary momentum could not face down the regimes in those countries where the armies did not side with the revolution. The political functions which Arab armies carry out serve to highlight not only their significance and effectiveness as institutions, but also the need for military reform. The question of military and security sector reform has become increasingly pressing in the post-Arab Spring transitional phase, driving the author to probe the structural aspects of reform to the military and security sectors of the Arab Spring states.

This paper presents Tunisian public opinion trends towards the country’s democratic experience, using data gathered by the ACRPS-published Arab Opinion Index, comparing the 2019/2020 results with previous polls. It also seeks to measure the popular reaction to the decisions taken by the Tunisian President, Kais Saied, in his coup against the constitution, and his disruption of democratic governance mechanisms in order to seize control of the government. The paper ponders the reasons that Tunisians welcome the decisions of the Tunisian president, and asks if that means that they have turned their backs on the young democracy they established ten years ago? Finally, the paper monitors a set of indicators regarding Arab public opinion on governing institutions, and the government's seriousness in working to solve economic and social problems, which escalated in severity during the Covid-19 pandemic.

This study investigates the role of the police apparatus in Egypt during the 2011 revolution and the subsequent counter-revolution following the 2013 coup. It begins by examining the relationships between the Military Council, President Mohamed Morsi, and the police apparatus. The study then explores how the Ministry of Interior and its security agencies reverted to their previous repressive practices, including extrajudicial killings and torture. The research highlights that the security apparatus remained fragmented, marked by overlapping authorities and a focus on resource competition rather than coordination. However, the existential threat posed by the 2011 revolution compelled the apparatus to unify against the tangible threat of popular unrest. Following 2013 , the military, security and intelligence agencies furthered the suppression of opposition in various forms, largely evading accountability.

The Tunisian Tamarod (Rebellion) Movement replicated the experience of the Egyptian movement of the same name after the latter’s success in changing the nation’s head of state. The study analyzes the factors that led to the emergence of the Tunisian Tamarod Movement, such as the difficulties facing the transitional process, the slow pace of reforms, and the failure to achieve the goals of the revolution. This long list of grievances ranges from the failure to create jobs and provide justice for victims of injustice, to the continuation of widespread poverty and unemployment in the cities, and the problematic struggle for influence instead of power sharing leading to polarization not only between al-Nahda Party and the Nidaa Tounes Movement, but also between the ruling coalition and the opposition. The study explores the most important commonalities and differences between the Egyptian Tamarod Movement and the Tunisian Tamarod Movement, wondering whether the latter can change from a protest phenomenon to a force for change, and what its future holds in light of the new developments in the urban and political scene in Tunisia today.

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.