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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 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 conducts research on the traditional academic methods used in the Arab scholarly community. Specifically, it employs the case of legal science when addressing the following questions: Is the Arab academy in its field suffering from academic dependency? What forms does this take and what are the reasons behind it? Where does reviewing theoretical or conceptual frameworks of legal science fall in this? This study focuses on law as a method of social control in the methodological crisis undergone by the social sciences. This study refers to two crises examined by Arab legal science: identity crisis and functional crisis. These are illustrated by two main indicators: The gap between the quantitative growth of the number of law students and the weak production of legal research knowledge, the gap between the quantitative development of the educational institutions of law and of legal structures.

​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.

Transitional justice in Libya is the key to stability of state and society. Under the previous regime, many Libyans' rights were violated. The regime's collapse only exacerbated these violations, in addition to bringing about the country's social and cultural disintegration. The very exceptional nature of the Libyan state complicated efforts to establish a transitional justice system in post-revolution Libya. Successive governments since the revolution have failed to exercise control over security. This paper deals with transitional justice in three sections. The first reviews Libyan legislation since the 17 February 2011 revolution. The second analyzes reasons for the failure of legislative efforts to implement an integrated program of transitional justice. The third outlines short- and medium-term requirements for implementing a transitional justice program.

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.

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.​

Following the election of Iranian President Hassan Rouhani last August, Iranian-American relations now appear set for a major breakthrough, overturning more than three decades of enmity between the two sides. Such a breakthrough, should it come to pass, has the potential to completely transform the bilateral relations over a number of issues, including most importantly the Iranian nuclear program, Iran’s regional role and its involvement in the Middle East’s “hot button” issues, including in the Gulf. The eventual success of efforts to bring Iran and the United States closer together, however, relies also on the roles played by regional players, particularly Israel. This paper explores the reasons behind Israeli anxiety surrounding a potential breakthrough in Iranian-American relations, and Tel Aviv’s ability to influence the outcome of a possible agreement over Iran’s nuclear program and whether such an agreement shall extend to Iran’s regional influence.

An increasing number of countries are turning to the International Court of Justice (ICJ) to resolve their water disputes. This is a positive development, as it allows the court to establish and improve standards for the use of waterways and help resolve conflicts related to water. The court's decisions reflect the tension between sovereignty and international law. Some decisions prioritize sovereignty and treaties, while others give more weight to moral principles and social theories. However, the court chose not to address water as a human right. This paper focuses on the ICJ''s role in developing a body of international water law and argues that the court still values sovereignty in its interpretation of laws, which often limits protections for the rights of non-state groups.

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.