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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.

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.

Alongside two constitutions, an old one brought down by a revolution and a new one drawn up by the "constituent power", the state enters a transitional phase during which it is usually ruled by "interim constitutions", enforced by the "transitional constituent" to act as a bridge between the two major constitutions in temporarily regulating the transition and the relationship between authorities. Since the "transitional constituent" wields "authority" outside of constitutional legitimacy, and since contingency and intentionality are inherent features of interim constitutions, a question arises about the extent of the "transitional constituent's" impact on shaping the constituent power, and the legacy of the interim constitutions in drawing up the permanent constitution. The study explores this question, addressing the Egyptian and Tunisian experiences in a comparative context, within a timeframe that begins with the regime collapse in early 2011 and ends with the entry into force of the current constitution in both countries in early 2014. The study seeks to understand the repercussions of the constitutional designing of the transition on the foundational process, and the constitutional regime that it has produced today in the two countries.

This paper examines the 2012 General National Congress (GNC) elections in Libya, analyzing their implications and the interpretations that framed them as a victory for the liberal bloc (the National Forces Alliance) over the Islamist faction (the Justice and Construction Party and its allies). The paper reveals that this interpretation lacks accuracy, highlighting that a significant number of winning independent candidates were affiliated with Islamist movements. It also argues that Islamists later succeeded in consolidating their control within the GNC, leveraging their alliances to pass laws that excluded their political opponents. These elections marked a turning point in Libya after the overthrow of Gaddafi, representing the country's first democratic experiment in building a new political system despite the challenges inherited from the previous era. The paper examines the electoral system, key competitors, election results, and internal conflicts within the GNC, concluding that Islamist dominance after 2012 challenges the idea of a liberal victory.

Documents of Democratic Transition in the Arab World in Algeria and Sudan.

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 report highlights some of the major milestones of the Arab democratic transition. The countries covered include Tunisia, Egypt, Libya,Syria and Yemen.

Most initial readings have exhausted their explanations for failure, or stumbling, of the democratic transition process in Tunisia. Given the country’s weak political performance, lack of economic achievement, and worsening corruption, the need has emerged to consider the role of political culture in events since the Tunisian revolution up until President Kais Saied declared a state of emergency on 25 July 2021. Contrary to the prevailing trend in the literature on democratic transition, which has often overlooked the importance of a minimum level of civil political culture taking root, there is an urgent need to recognize its vital role in ensuring the success of any transitional process, especially in the early stages. This paper argues that the absence of a minimum level of political culture has contributed to the fragility of the transitional process in Tunisia, making democracy vulnerable to failure and to the reproduction of authoritarian patterns. Therefore, strengthening this culture becomes a necessity to ensure the sustainability of the democratic transition and avoid setbacks.

This study examines Sudanese peace agreements during the period 1972 – 2020 by analyzing the roots of the conflicts between the political center and the peripheral regions, through the lens of the concept of the heritage of origin , which reflects the accumulation of historical grievances rooted in political, economic, and cultural marginalization. The study argues that, since the colonial era, the central governments concentrated power and development in the Nile Valley at the expense of other regions, which gave rise to demands for equitable participation that later evolved into armed rebellions. Despite the signing of several peace agreements—such as the Addis Ababa Agreement (1972), the Khartoum and Fashoda Agreements (1997), the Comprehensive Peace Agreement (2005), the Doha Document for Peace in Darfur (2011), and the Juba Agreement for Peace in Sudan (2020)—most of them relied on partial power- and wealth-sharing arrangements without addressing the structural roots of the conflicts. Added to this were the absence of trust between the parties, foreign mediation, the repeated violation of commitments, and the instrumentalization of agreements to serve short-term political interests. The findings confirm that the failure to sustain peace was a direct consequence of leaving the heritage of origin unaddressed, leading to the secession of South Sudan in 2011 and the continuation of armed conflicts in Darfur, the East, and the Two Areas. The study recommends rebuilding the foundations of peace on equal citizenship, fair development, and the recognition of cultural diversity as necessary conditions for breaking the cycle of war and achieving national stability.

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.