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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.

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.

The concept of soft power continues to receive significant attention from researchers, relevant actors in the international community, and small and rising powers alike. This paper discusses the nature of soft power, how it works, how it can be employed, its effectiveness, and its limits. It critically engages with the existing literature on soft power and argues that soft power does not exist by itself, but rather is made. Accordingly, soft power is not just a strategy as is the case with smart power, nor it can be purchased in its raw form, as is the case with hard power, and it is not of unilateral negative nature, as is the case with sharp power. The paper asserts the need to distinguish between sources of soft power and its tools. It contends that soft power resources can be mobilized and directed towards the target using soft power tools. The paper aims to contribute to discussion of what soft power is and how it works; thus, it offers a theoretical framework on the working mechanism of soft power that takes into account using soft power against non-democratic systems: autocracy, totalitarian, or theocracy.

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.

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.

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

This study reads the performance of Egyptian political forces from the time of Mohamed Morsi’s election as president of the republic to the coup against him on July 3, 2013. In its first section, the study concludes that the behavior of all political actors can be understood as a search for allies from within the old regime’s centers of power; this despite the fact that these forces were the targets of the January 25 Revolution. Nonetheless, political parties seek out old guard forces hoping they will provide leverage for a position of power. This reality allowed the old regime – with its enormous capabilities—to rejoin the map of political forces instead of being held accountable. In its second section, the study tries to read the map of the protest movement on June 30, comparing this new map with one of the nation’s politics during the crisis of the constitutional declaration in November 2012. It concludes that the most important development in the nation’s political sphere has been the ability of the “deep state” to learn the skills of popular mobilization in the street. This came after it had failed to do so in the previous 36 months. Using its connections with a wide spectrum of social groups through networks of patronage and influence, which it had not thought of using in the spectacular “battle of the squares,” the “deep state” was able to become an active and influential political player capable of taking matters back to square one.

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.

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.