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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 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.

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.

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 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 paper explores the philosophical context of the of political culture on the French radical left. Radical left refers to a group consisting of political and civil activists, intellectuals, writers, scholars, and politicians who assert their commitment to the priority of equality in economic and social conditions over values of freedom, justice, and citizenship. Unlike the moderate left, they believe that the satisfaction of equality claims requires the overthrow of the capitalist system and the abolition of the market economy. In the first section, the paper argues that the thought of the French moderate left, unlike the moderate left in other democratic countries, did not favour a break with the radical left and continued to share with it the idea that true liberation requires eradicating the causes of exploitation and alienation. Even though the moderate left adopted, when it held power, pragmatic policies and committed itself to the respect of democracy and constitutional order, it did not give up the idea of total societal transformation. The second section distinguishes the culture of the new radical left from that of the extreme Marxist radical left in its Trotskyist and Maoist forms. The third section traces the philosophical background of French new radical leftist discourse, writings, and methods.

This study explore the concepts of populism and “the people,” linking them to ideology, hegemony, and the making of modern sport in Western liberal-capitalist democracies. While populism is widely seen as a useful way to understand oppositions between “the people” and elites, This study particularly interested here in what happens when self-styled populist political leaders actually govern, ostensibly on the people’s behalf. To illustrate this, the study consider two examples of self-styled populist leaders from different eras – Benito Mussolini and Donald Trump – that have used sport to promote narrow, ideologically laden, conceptions of “the people.” Through these examples the study argue that the concept of populism on its own does not provide a comprehensive understanding of political and cultural struggles in sport today, nor does it provide adequate guidelines for oppositional political strategies.

This section lists the most prominent political documents related to the democratic transition in the Arab world. In this issue, we publish a number of documents from Tunisia, Egypt, and Libya for the period July–August 2022.

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.

Analyses differ on the impact of illiteracy on political consciousness, in particular when it comes to understanding the result of the referendum on Egypt’s new constitution. The constant correlation between these elements in Egyptian political discourse seems unfounded. The assumption of this argument is that an illiterate person cannot achieve consciousness and awareness of key elements of the constitutional debate in the same way an educated individual might. This study takes a close look at the facts surrounding this debate, and conclusively demonstrates that there was a correlation between illiteracy and the “yes” vote in this referendum in a number of Egyptian provinces. It cautions, however, that one must deal carefully with this conclusion. This is in particular due to low voter turnout and the fact that the correlation between illiteracy and the “yes” vote did not exist in all of the provinces of the republic. As such, the study recommends that politicians and state institutions exert more effort to urge people to participate actively in the political process and work to raise political awareness among all sectors and segments of the population.