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 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.

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.

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.

Consociationalism is a system of government recommended for ‘divided societies’. Starting with a discussion of its theoretical components and criticisms it has received, this article addresses how consociationalism has been implemented in in post - 2003 Iraq. The article asks whether the Iraqi constitution and institutions formed by it represented a successful case of consociationalism. Key consociational mechanisms such as an electoral system based on proportional representation, governments based on big multi - party coalitions and a federal and decentralized governance were adopted. However, this model was not entirely consociational as some practices that are common in the majoritarian government have also been used. In fact, divisions between majoritarian and consociational perspectives have polarized, and sometimes paralyzed, the political process. In light of this, the article discusses the sustainability of the current model and its likely future trajectories.

​In this section you will find the most important documents on democratic change in the Arab world. In this issue, we publish documents highlighting the political movement in Tunisia demanding democracy and look at the main political changes in Sudan, Iraq and Jordan in March and April 2022.

The paper studies the Iraqi-Syrian-Turkish conflict over the Tigris and Euphrates rivers, from a geopolitical perspective. It argues that this conflict has historical and political roots, not solely tied to the natural availability of water in the Tigris and Euphrates, but rather connected to the policies of different parties in managing water resources. The paper includes three essential elements. The first examines the geographical and hydrological characteristics of the Tigris and Euphrates. The second explores the political and academic discourse in the 1990 s regarding the "water war" theory. The third and final element analysed the characteristics of the new conditions that have distinguished the three countries since the beginning of this century, imposing on Syria and Iraq the need to devise a new vision for managing their available water resources. The research concludes with the inevitability of negotiation for the joint management of the Tigris and Euphrates water resources as it is not in Turkey's interest to ignore the interests of downstream countries. Moreover, Syria and Iraq cannot achieve any results without negotiation and water diplomacy.

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.

Borders between Morocco and Algeria have been closed since the Hotel Atlas Asni terrorist attacks in Marrakech on August 24, 1994. Investigations found the groups that carried out the attacks had their origins in Algeria. Moroccan authorities responded by implementing a visa requirement for Algerians, and Algeria retaliated by closing the borders between the two countries. This paper looks for a solution to the re-normalization of relations between the two countries. Looking at the history of Moroccan-Algerian relations, it focuses on the Marrakech incident and the issue of Western Sahara, and their impact on the bilateral relations within a context of tension, and regional competition where each remains entrenched.

​This paper examines the state of Political Science in Egypt, suggesting that the Egyptian school of Political Science is facing a crisis and analyses the reasons why. It particularly focuses on the experience of the Department of Political Science at the Faculty of Economics, Cairo University, as the first specialized school for Political Science in Egypt, in view of the increasing roles played by its graduates in the public sphere. The study focuses on three key dimensions: the perceptions of this scholarly community regarding the role entrusted to political science in Egyptian society and politics, the changes in academic curricula, and the ideological and political contexts influencing teaching and research in political science in Egypt. The study concludes that the crisis of political science in Egypt is twofold: the crisis within the field in general and specific issues within the Egyptian context itself.