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​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.

​Title: Legislative and Presidential Elections in Tunisia 2019: Politics, Electoral Behaviors and Elite Activism. Editor: Mehdi Mabrouk. Publisher: Doha/Beirut: Arab Center for Research and Policy Studies. Year of Publication: 2022. Page Count: 624 pages.

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.

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.

​This study fits into a broad category of scholarship concerned with transitional periods in various political systems. Specifically, it examines the political transition in post-revolutionary Tunisia since 2011. It does so by comparing the legal provisions of the post-revolutionary transition - the major texts, which define the transitional stage - and the political realities, which take the shape of events, actions and political discourse. A point of particular focus is the 2011 elections to the National Constituent Assembly, which the author analyzes through the rubric of "electoral engineering". One more conclusion of the paper is that electoral engineering remains a feature of Tunisian politics, although it has gone from "authoritarian electoral engineering" to "democratic electoral engineering," reflecting changes which have taken in the country as a whole.

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 examines the role of the constitution designing process in pushing the democratic transition towards cooperation, rather than conflict, in light of the great uncertainty that characterizes the democratic transition process regarding the future. The study focuses on four successful cases of democratic transition (Poland, Chile, South Africa, and Indonesia) to identify the common factors that contributed to their success. Through its comparative approach, the study concludes that the process of constitution designing more socio-political than legal as it requires a great deal of bargaining and negotiations to achieve balance and harmony between the existing political and social actors. The study shows how the adoption of arrangements that limit the absolute power of the majority (counter- majoritarian measures) was one of the strategies used to assuage any fears and build confidence among the various political actors.

Scholarship explains impediments to democratic transition in Middle Eastern countries as forms of neopatrimonialism - a combination of patrimonial tradition and cosmetic electoral procedures. However, this approach conflates two spheres of governance: firstly, the government as a sphere of appointed or elected politicians, secondly, the state's bureaucracy as a sphere of administrative staff necessary for the government to execute its planned actions. The impediments Hamas governments (2006-2007) faced highlight the difference between the two spheres. Accordingly, I conceptually differentiate between two types of government: government in office and government in power. While the Hamas government was supposed to rule, the administrative personnel refused to comply. Thus, the elected government in office faced local-institutional and external constraints which prevented its functioning, and provoked power struggles that led to internecine war and the collapse of the electoral democracy.

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.

Early in the transitional justice process during and after the Tunisian revolution, the need arose to develop a full-fledged legal framework guaranteeing the rights of victims and, at the same time, of perpetrators. However, no sooner was transitional justice legislation ratified than progress towards the objective faltered. In an atmosphere of partisan political turbulence, the legislation resulted in weak outcomes. This led to the conclusion that the foremost problem of transitional justice does not lie in an absence of political will as much as in the philosophy on which it is founded. This philosophy adheres to liberal democratic values in facing the painful past and restoring rights to victims of despotism – by stipulating a set of rights that put the victim and the executioner on the same footing, without the slightest consideration of the balance of power between them. Consequently, perpetrators and torturers tend to dodge justice and recognition of truth, equating reconciliation with accountability.