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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.

​يرصد هذا الباب أبرز الوثائق السياسية ذات الصلة بالتحول الديمقراطي في الوطن العربي. وننشر الوثائق الخاصة بالحراك الاحتجاجي في العراق، ومطالبة العديد من القوى والفصائل العراقية بتشكيل حكومة. ونقف، في هذا العدد، عند نشر الوثائق الصادرة في كانون الثاني/ يناير، وشباط/ فبراير، وآذار/ مارس 2020 . على أن نستكمل في الأعداد المقبلة نشر الوثائق اللاحقة.

The premise of this study is the belief that there is a crisis in contemporary liberal democracy resulting from the tension between two traditions: one democratic and the other liberal. The spread of right-wing populism in the West is not a new phenomenon, but rather a new manifestation of what may be called a permanent crisis of democracy. The study distinguishes populism from totalitarian ideological movements that gain popular support through demagogy and incitement against the other and reviews existing tensions in the structure of liberal democracy. The paper finds that populist rhetoric is channeled through tensions in the structure of liberal democracy and translates social anger into criticism of the democratic system itself, by using one component of a complex democratic system against another.

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.

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

Documents of Democratic Transition in the Arab World

​Through literature reviews (mainly in English and German), this review sheds light on the analytical approaches prevalent in the study of the Middle East and North Africa (MENA) region and their outcomes before and after the Arab revolutions, and explores previous and current theoretical reflections on them. Using all of this, the study attempts to contribute to a better understanding of the various issues in the region. The first part presents the various analytical concepts and their results before the revolutions, and the second part provides an overview of the analyzes of the Arab revolutions. The third part reviews the theoretical reflections on the previous analytical approaches. Finally, the researcher makes some concluding observations.

Since the mid-1990s Morocco has traversed several stages of political and constitutional reforms. These were characterized by a restructuring of the political field in keeping with constitutional methodology and political consensus and were the precondition for the process of rapprochement between political actors. However, if this rapprochement or political openness transformed the electoral process into something diminished in practical terms, it in turn intensified the expansion of the protest arena, the accumulation of skills and experience among protesters, the development of more independent coordination capabilities, and the weakening of the regime's polarizing tendencies. This development imposes upon the political class a renewal of its discourse and means and modalities of communication, in the short and medium terms, to prevent continued erosion of its credibility.

The Arab Center for Research and Policy Studies, in Doha, organized two seminars dealing with the reality of the popular movement and its prospects and the mechanisms of democratic transition in Sudan and Algeria within the framework of a series of seminars held by the Center for Political Studies at the Center.

This study adopts a comparative approach to investigate the impact of the reciprocal fears of internal and external parties on the stances of key actors during the 2011 transitions. Apparently, the uncertainty that accompanies any democratic elections has not been a local factor in the Arab cases because regional and international forces have an interest in hindering democracy, being a potential threat to the status quo. The study examines four interrelated problems related to external factors. It concludes that the external factors that have hindered democracy in non-Arab cases were not inevitable because addressing them seems to have been related to changes in the international system and the emergence of domestic democratic blocs that are able to exert pressure on external forces and get them to change their positions.