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What motivates an authoritarian system, or more precisely, its leadership, which tailors legislation to its needs, violates it at will, usurps powers and combines them as it wishes, to support the existence of a seemingly "formal" independent judiciary? Moreover, how does it allow this judiciary to challenge it by limiting its authorities and narrowing its interests? The study revisits this perennial yet contemporary question, employing the Palestinian experience as a case study. It adopts a comprehensive analytical approach, examining the orientations of the Palestinian Constitutional Judiciary (PCJ), represented by the Supreme Constitutional Court and its predecessor, the Supreme Court as a temporary constitutional court, over two decades (2002 - 2022). The study originated from the assumption that the PCJ undertakes a "dual function" akin to experiences observed in authoritarian regimes, where there is a propensity for the existence of a judiciary that allows the sacrifice of some of its non-essential interests. This sacrifice is made in exchange for its utilization in legitimizing the regime and/or reassuring investors and/or controlling the administrative apparatus. However, the study concluded that the sole central and substantive interest is the support of the alleged legitimacy of the regime, and there is no corresponding sacrifice of non- essential interests. Instead, there is an abandonment of human rights.

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.

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.

Examining the dimensions of the constitutional crisis in Libya, this paper begins by explaining the situation of the country’s political factions. On this backdrop, it looks at how the interim Constitutional Declaration of Libya’s 17 February revolution – which has seen seven amendments – has led to large-scale changes in the legal positions of political institutions and has caused a disturbance in the state’s constitutional framework. Analysis shows how the declaration has disrupted the country’s transitional path, and outlines the ways that this has taken place including: the diverse results from the National Congress’s legislative elections where no political party or movement secured an absolute majority, the growing disputes following the adoption of the political and administrative isolation law, and the emergence of alternative proposals for a third transitional period. This paper tackles the factors leading up to the amendments of the interim Constitutional Declaration, issued on August 3 2011, and their impact on Libya’s political crisis. Analyzing the constitutional framework allows a closer look into the role of Libyan political actors and an understanding of the elements that helped shape the path of the transitional period. It shows that the conflict over the constitutional framework has led to an armed conflict among parties to the Libyan revolution.

​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.

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.

From an economic standpoint, this study aims to comprehend the reasons for the popular uprising outbreak, as well as the chances for democratic transition from a political economy angle. It examines the influence of the rentier state economic growth regime on the political prospects of citizens, particularly young people, who are convinced that such a regime will not lead to their ultimate safety, but rather to their economic marginalization due to the system's poor performance. It turns out that adopting a more comprehensive and long-term growth approach has become even more critical. As time goes by, it became evident that reform comes at a hefty cost on all fronts. Rather than being a tributary and assistance to the continuance of economic reforms, political reforms became an impediment and took on even greater importance than economic reform itself. The Algerian situation, according to the study, is an example of the intractable model of democratic transition in all its manifestations, since the incumbent system was pleased with restricted constitutional arrangements, notably elections. This has strengthened the rentier state in all its forms, including the political system's fragility and the succession of crises it has faced since independence till today.

The paper investigates and analyzes the regional and international interactions with the conflict in Libya, focusing on the period following the December 2015 political agreement in Skhirat, Morocco. The paper argues that this agreement is the result of a limited consensus among domestic and regional forces. These forces have moulded their foreign policies, over the course of the conflict, based on a balance between concerns over the political and economic effects of the Libyan democratic transition and their interests and ambitions for greater control and influence. The conflict of interests between the external forces was a substantial factor along with other internal determinants that have contributed to obstructing the democratic transition process. Therefore, this paper explores a series of research questions, mainly focusing on the role and behavior of the influential external forces in Libya's domestic politics.

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.