Latest Articles

The parliamentary experience in Morocco continues to excite the interest of politicians, researchers, academics, and those working in the press and media. This importance is heightened with the experience of the sixth parliament (1997-2002), which followed the adoption of the 1996 constitution, and which witnessed a decisive historical landmark in the form of two prominent events: the first peaceful transition of power in Morocco, and the transfer of rule from the late King Hassan II, who died on July 23, 1999, to King Mohamed VI. This experience made King Mohamed VI keen on historical continuity and the approach of the bicameral system (representative and consultative), and the rotation of power. The importance of this study derives from the relative paucity of relevant studies, and its attempt to understand this experience. This requires examining the constitutional amendments, the legislative elections and what accompanied them, as well as the outputs and successes of the practice of the parliamentary process.

Military interventions in Sudanese politics can be attributed to a number of factors, most pertinently: excessive politicization throughout society, social institutions, trades unions and syndicates as well as educational and religious institutions. In this sense, the Sudanese was not an exception, merely one of many highly politicized institutions. This paper concludes that the three different military coups which took power in Sudan were only able to do so with the aiding and abetting of civilian political forces, such as the National Umma Party, the Islamic Front and an array of leftist forces all—to varying extents—colluded with the military to further their political aims. With the military ranks reflecting wider societal politicization, military coups were effectively an extension of the political process by other means.

This article poses the question of reform of the security sector in the period of Arab democratic transition by looking at the terms of reference for reform, the intersection between security policies and the political regime, and the enabling factors for security reform within an Arab context. The fundamental question facing Arab states concerns how to couple security and freedom and security and rights and justice. That is, how can the security agencies carry out their job without impinging on fundamental individual rights and freedoms? How can the state guarantee security and defend liberties at the same time? The article takes the view that security sector reform is part of the political transition process in Arab countries. Because the security establishment was a means to strengthen the regime and endorse its authoritarianism, any democratic transition aspiring to overcome the elements of the crisis must take into account the need to review the security sector.

The referendum on the new Moroccan constitution in July 2011, which varied readings and perspectives around it, between supporters of the methodology and implications brought as necessary step towards democracy.

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 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.

Libyan crisis has been scrutinized through many analytical tools in order to understand its dynamics of escalation and ways to de-escalation, however, literature on the topic often focus on purely political and security variables. This study aims at tracing insights the political economy may provide to the crisis in Libya. First, some economic variables that give analytical significance to "Need" and "Greed" understandings has been presented, which confirms that they are not less important as compared to those brought from "Creed" and that a better understanding of the Libyan case as most of internal crises and conflicts requires that light being shed on political, social and economic interpretations alike. The study concludes that political economy understandings could be useful to de-escalation efforts through a package of measures.

Following the ouster of President elect Mohamed Morsi after only one year in power, this paper looks at the future of elections in Egypt. Without any political party that holds the support of the masses, or the possibility of making up for this by building strong partisan alliances, the paper examines the rules of political practice and the nature of legislations based on the 2014 constitution in order to find a way forward amid a current deadlock. It finds a current legal and legislative condition that has restored Mubarak-era rules, characterized by weak partisan influence and a lack of the necessary political pluralism that accompanies democracy. It finds that, despite accelerating steps towards building partisan alliances and electoral consensuses, there are still structural obstacles hindering the establishment of a genuine parliamentary system, partly due to the weakness of political parties and the limitation of their legislative and procedural structure.

This study evaluates the strength of the legislative bodies in three Arab countries both on paper and in public opinion. It utilizes an existent measure, the parliamentary power index, to gauge the strength of parliamentary bodies, before comparing that with public perception. The study asks if the power given to legislative bodies reflects the actual impact on policy from the point of view of Arab citizens. This study uses the questions in the ACRPS Arab Opinion Index on the legislative councils of Jordan, Morocco and Kuwait, in comparison with the parliamentary power index, to make this assessment.

The Gulf Crises and Blockade of Qatar: Economic, Legal and Political Perspective