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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.

This paper analyzes the impact of the results of the legislative elections on the political process in Tunisia during the period from 2011 to 2021. It discusses the negative impact of the electoral system on the results of the legislative elections in general, and on the political process as a whole in particular. Due to the difficulty of the political parties that won first place in the legislative elections to obtain the required majority that enables them to bear responsibility for the political process alone during the parliamentary period. This created a state of parliamentary fragmentation that affected the Assembly of the Representatives of the People in three electoral cycles in 2011 , 2014 , and 2019 which led to the disruption of the legislative and electoral role of the Assembly, and the multiplicity and instability of governments. This paper also discusses proposals to amend the Tunisian Election and Referendum Law, which include a proposal to adopt an electoral threshold, and the impact of applying the electoral threshold on the representation of political parties in the Tunisian Assembly of People's Representatives, and on the political process.

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.

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 deals with transnational Shiism and the dynamics of relations between the Shiʿi religious establishment and the post-colonial state in Iraq. It sheds light on two aspects of transnational Shiism. First, the evolution and internal dynamics of religious authority, especially in terms of adapting its transnational domain to the Iraqi national context. The study argues that the relationship between Shiʿi religious establishment and the state was often characterized by tension, as the state sought to consolidate its power within its borders. Yet, after 2003, the nature of relations between the two has significantly changed, leading to new configurations of authority. Second, the increasing polarization between activist transnational Shiism, which is today led by the Iranian state, and Iraq-centric Shiism became a key factor in shaping power relations in post-2003 Iraq.

Examining the dimensions of the constitutional crisis in Libya, this paper begins by explaining the situation of the country’s political factions. On this backdrop, it looks at how the interim Constitutional Declaration of Libya’s 17 February revolution – which has seen seven amendments – has led to large-scale changes in the legal positions of political institutions and has caused a disturbance in the state’s constitutional framework. Analysis shows how the declaration has disrupted the country’s transitional path, and outlines the ways that this has taken place including: the diverse results from the National Congress’s legislative elections where no political party or movement secured an absolute majority, the growing disputes following the adoption of the political and administrative isolation law, and the emergence of alternative proposals for a third transitional period. This paper tackles the factors leading up to the amendments of the interim Constitutional Declaration, issued on August 3 2011, and their impact on Libya’s political crisis. Analyzing the constitutional framework allows a closer look into the role of Libyan political actors and an understanding of the elements that helped shape the path of the transitional period. It shows that the conflict over the constitutional framework has led to an armed conflict among parties to the Libyan revolution.

This is the second section of a study examining the application of good governance in Egypt and Tunisia. The first section, published in issue 42 of the Siyasat Arabiya journal, provided an in-depth theoretical framework for assessing the dynamics of administering governmental affairs, establishing the prerequisites of effective governance, and combatting corruption. This second section argues that administrative corruption is an important obstacle to the quality of public services provided by central government in Egypt and Tunisia, despite various laws and codes calling for tackling corruption and corrupt individuals. This study recommends governmental decentralization; gradually permitting legislative bodies to review the work mechanisms of public administration; adopting organizational philosophies that can serve to improve the process of providing public services; and finally, activating e-government and information and communications technology to achieve more effective public administration operations and services provision and thereby contribute to expanding economic growth.

This paper examines the 2012 General National Congress (GNC) elections in Libya, analyzing their implications and the interpretations that framed them as a victory for the liberal bloc (the National Forces Alliance) over the Islamist faction (the Justice and Construction Party and its allies). The paper reveals that this interpretation lacks accuracy, highlighting that a significant number of winning independent candidates were affiliated with Islamist movements. It also argues that Islamists later succeeded in consolidating their control within the GNC, leveraging their alliances to pass laws that excluded their political opponents. These elections marked a turning point in Libya after the overthrow of Gaddafi, representing the country's first democratic experiment in building a new political system despite the challenges inherited from the previous era. The paper examines the electoral system, key competitors, election results, and internal conflicts within the GNC, concluding that Islamist dominance after 2012 challenges the idea of a liberal victory.

This study addresses the intricate issues posed by the State of Palestine's legislation concerning the redefinition of the Palestinian. Despite the fact that these laws seem to be regulatory for particular situations, they propose a fragmented and different definition of that which is proposed by the Palestine Liberation Organization (PLO) charters. One of its manifestations was the controversy surrounding who the Palestinian is during the postponed general elections of 2021. This contributed to the creation of the current practical framework for the legal text that categorizes Palestinians according to where they live; allowing one group to exercise their right to self-determination and not others. It also had an impact on how the definition of two concepts—the Palestinian and the right to self-determination—were altered, and the extent to which the effects of the legislation may impact the legal basis of the PLO. The PLO enjoys an international legal personality recognized by the international community as the sole representative of all Palestinians, regardless of their place of residence.

​This study provides an overview of development stages in post-conflict reconstruction since World War II. The authors attempt to summarize a set of lessons learned from accumulated experiences, which could then be used to better inform Arab decision-makers. The authors also call for an indigenous, Arab perspective, distinct from Western approaches, to post-conflict reconstruction policies. The first section in the study addresses the differences between the traditional definition of war and contemporary conflicts, focusing on how armed conflicts in the Arab region have caused vast levels of destruction requiring immense, cooperative efforts to aid in the post-conflict reconstruction. The paper goes on to explain the concepts and terminology which underpins post-conflict reconstruction and recovery, as well as the historical and analytical arc of the most significant milestones in the development of post-conflict reconstruction methodology.