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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.

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.

Military interventions in political life are a common occurrence across Africa, the Arab Region and the Third World in general, a phenomenon described by various observers as the situating of the military establishment within public life. Algeria, a country which earned its freedom as recently as 1962, stands out as an example where the military establishment continues to play a decisive role in public affairs. This paper focuses on the role played by the Algerian military in the country’s public life, with a special focus on the relationship of the military with the presidency. It closely examines the developments which took place in the period between Algerian independence and the first direct involvement of a military junta in public affairs in the early 1990s, followed by the Bouteflika presidency (1999-2015). The author divides the Bouteflika presidency into two distinct periods, stretching from 1999 to 2008 and from 2008 onwards. It was during the Bouteflika presidency that the military’s role was circumscribed by the constitution, which has raised questions about his connections with the military and security establishment given his eagerness to stand for a fourth term despite his severe health problems.

Spin Dictators explores a new breed of dictators, growing in prevalence in recent years, who exploit the vast potential of the information age to tighten control and surveillance over society and individuals.

This section highlights the most significant political documents related to the democratic transition in the Arab world. In this issue, we present a collection of documents pertaining to the period from July 1 to October 31, 2023.

​The Contemporary Syrian Studies Unit at the Arab Center for Research and Policy Studies held a two-day workshop on November 17 and 18, 2013 during which a group of distinguished Syrian academics, statesmen and political activists discussed a proposed plan for the democratization of Syria which was published earlier in 2013 by the Syrian Expertise Bureau in coordination with the Syrian Studies Center.