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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 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 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.

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.

Documents of Democratic Transition in the Arab World

Why did the January 25, 2011 revolution in Egypt descend into a state of violent oppression of the revolutionaries on the grounds of securing stability and fighting terrorism? This paper examines how the manner in which regime change took place following the January 25 revolution impacted on the democratic transition and its trajectory. The author looks specifically at those transformations which served to divert the course of revolutionary momentum, turning an uprising previously centered on "democratization" in the broadest sense, including the change in the system of government and the protection of personal and social liberties, into a movement which is often described in academic literature as an "electoral revolution". In other words, revolutionary momentum was focused exclusively on procedural questions and the filling of vacant executive and legislative positions following the collapse of the Mubarak regime before the more fundamental precursors to democracy could be established. This first transformation took place before the "electoral revolution" was itself diverted into a "counter revolution" which targeted all of the revolutionary forces behind the original uprising, making way for the establishment of a totalitarian mode of government.

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.

​يرصد هذا الباب أبرز الوثائق السياسية ذات الصلة بالتحول الديمقراطي في الوطن العربي. وننشر الوثائق الخاصة بالحراك الاحتجاجي في العراق، ومطالبة العديد من القوى والفصائل العراقية بتشكيل حكومة. ونقف، في هذا العدد، عند نشر الوثائق الصادرة في كانون الثاني/ يناير، وشباط/ فبراير، وآذار/ مارس 2020 . على أن نستكمل في الأعداد المقبلة نشر الوثائق اللاحقة.

This section lists the most prominent political documents related to the democratic transition in the Arab world. In this issue we publish documents related to the reaction of Tunisian political currents on the issue of dissolving parliament and dismissing the government, the reaction of the coordination framework of Shiite forces rejecting the election results in Iraq, and the reaction of the Sudanese government and the Sudanese Association to the coup measures taken by the President of the Sudanese Sovereign Council, Abdel Fattah Al-Burhan . We will stop when the documents are published between September 1 and October 31, 2021.

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.