Latest Articles

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 examines the foundations and development of teaching political science in Sudanese universities. It begins with the establishment of Gordon Memorial College in 1902 which became later the University of Khartoum. This is because it is the oldest Sudanese university, and the first to teach political science. Influenced by the objectives of the Gordon Memorial College formation, the attachment with the University of London before independence, and the early lecturers who taught there, the department of political science in the university adopted curricula pursued in British universities. In addition, the study discusses the expansion of political science to include Umdurman Islamic University and other universities. Moreover, it analyzes the intellectual perspectives that influenced the development of teaching political science in Sudanese universities, curricula development, means of training, and the impact of politics and policies on political science teaching.

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.

The right to be digitally forgotten is one of the rights that emerged as a result of the digital revolution, which included a transformation in the nature of rights and mechanisms of regulating them. This right which is considered an individual's right to erase his personal data previously created on the internet, aims to prevent a person's past from being used randomly in public. This right is took on its final meaning and unique nature with the development in the relationships in the digital world and the recognition of the risks arising from misusing the personal data in the business world. This rights turns out to be essential to avoid any threats related to human dignity, stability and social security. Initially, this right was intended to protect the users' privacy. Later on, it was extended on the purpose to apply the prescription right of corporates' rights in order exploit the users' personal data. Nowadays, it gives the users the right to retract their consent from previous contract. The right to be forgotten is no longer merely a link between the past and the present of the individual, but it is included in the margins of personal authority over information. Putting forward this right is essential to create balance among all stakeholders on the internet and to limit their active powers. In addition, regulating this right is no more under the State exclusivity. The positive law has been reinterpreted in light of the voluntarist and realistic theories. Soft law has become a competitor to formal laws in achieving the desired balance.

​This paper deconstructs Muslim Brotherhood perceptions about the political rights of Copts in Egypt. It argues that the group has an ambiguous understanding of the concept of citizenship generally, which is reflected in their perceptions of the political and civil rights of religious, political and sectarian minorities. This study proposes a socio-political approach to understand this ambiguity. It argues that this position can be interpreted through several considerations, the most important of which are: ideological commitment, maintaining organizational cohesion, constraints on social acceptance and competition with conservative religious forces. The paper deconstructs these factors in order to explain and interpret the Brotherhood stance on Copts in Egypt. The study uses discourse analysis to examine statements by Muslim Brotherhood members and leaders about the Copts from 1981-2013.

Examined in this article are a number of aspects of Tunisia's 2014 constitution, specifically, the relationship between the presidency and the parliament; the status of the newly created constitutional court; the higher judicial council; constitutional controls and restrictions; the role of religion and the status of women in the new constitution; and administrative decentralization within the constitution. Adopting a comparative approach, the author examines each of these topics in their proper regional and historical context. This allows for a clearer understanding of what factors have allowed Tunisia's constitutional politics to advance so quickly when compared to other states in the region. Through successful dialogue, the Tunisian people were able to prove that ideological differences do not necessarily lead to conflict or stagnation. The author further argues that the pragmatic approach of Tunisian parties to the national dialogue provided a model of conflict resolution to be emulated across the globe.

Rights to equality and non-discrimination in international law form the core of this paper. It begins with a preliminary study of the legal codes including the historical development of these principals in international and regional legal human rights instruments. It looks at the question of segregation, exclusion, derogation, and preference as elements that make up discrimination. It relates this to the standards of differentiation between legitimate discrimination and unlawful or prohibited discrimination. It goes on to present international standards that identify the meaning of equality and non-discrimination, and investigates the basis of prohibited discrimination in particular among the groups that are subject to it. Applying this context to Arab countries, the paper examines the need for a modern law on equality and non-discrimination that could be better enforced than current legal frameworks.​

Book Title: The Idea of Human Rights [Translated into Arabic]

International protection for internally displaced persons, who far exceed the number of refugees, has become a major issue in recent years. This is reflected in the international community's search for solutions, by providing them with internal humanitarian assistance so that they do not have to seek help beyond the borders of their states, affirming their right to remain in their country in security and dignity and not to become refugees. However, reality has shown that the international community's attention to the protection of internally displaced persons is not so much a humanitarian consideration as it is an inevitable consequence of state reservations to welcome refugees on their territory. European states in particular have attached urgency to protecting internally displaced persons arbitrarily to justify the closure of their borders to refugees.

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.