Latest Articles

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 study focuses on civil-military relations in Egypt since 2013 , examining measures the regime employs to achieve three objectives: controlling the military to prevent coups, thwarting political mobilization that could lead to popular uprisings akin to the January Revolution, and securing ongoing external support. The study concludes that these measures have brought about fundamental changes. Firstly, they have restructured the political regime towards a personalist regime led by one man, a close-knit elite, and loyalists. Secondly, they have threatened military unity with the emergence of parallel armed entities, notably Sinai's tribal union. Thirdly, they have undermined state sovereignty through expanding debts, selling state assets, and making other concessions to foreign backers. The analysis reveals that concessions granted to the military to ensure loyalty have also strengthened its independence, potentially paving the way for various scenarios if the presidential office becomes vacant or public discontent erupts due to mismanagement of state affairs.

​This paper examines the state of Political Science in Egypt, suggesting that the Egyptian school of Political Science is facing a crisis and analyses the reasons why. It particularly focuses on the experience of the Department of Political Science at the Faculty of Economics, Cairo University, as the first specialized school for Political Science in Egypt, in view of the increasing roles played by its graduates in the public sphere. The study focuses on three key dimensions: the perceptions of this scholarly community regarding the role entrusted to political science in Egyptian society and politics, the changes in academic curricula, and the ideological and political contexts influencing teaching and research in political science in Egypt. The study concludes that the crisis of political science in Egypt is twofold: the crisis within the field in general and specific issues within the Egyptian context itself.

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.

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.

The struggle for political legitimacy has been central to political polarization in Egypt since the 2013 coup. Given the regime's pronounced authoritarian features, the traditional form of legal electoral legitimacy proved insufficient and ineffective. As a result, the regime adopted alternative strategies to reinforce its political legitimacy. Drawing on theories of political legitimacy and literature on citizenship in authoritarian regimes, this study explores the measures and practices implemented by the July 2013 regime to achieve legitimacy across its three dimensions: the system's effectiveness and competence, citizens' beliefs in its legitimacy, and their behaviours that signal recognition.

Examined in this article are a number of aspects of Tunisia's 2014 constitution, specifically, the relationship between the presidency and the parliament; the status of the newly created constitutional court; the higher judicial council; constitutional controls and restrictions; the role of religion and the status of women in the new constitution; and administrative decentralization within the constitution. Adopting a comparative approach, the author examines each of these topics in their proper regional and historical context. This allows for a clearer understanding of what factors have allowed Tunisia's constitutional politics to advance so quickly when compared to other states in the region. Through successful dialogue, the Tunisian people were able to prove that ideological differences do not necessarily lead to conflict or stagnation. The author further argues that the pragmatic approach of Tunisian parties to the national dialogue provided a model of conflict resolution to be emulated across the globe.

By studying Tunisian foreign policy in the decade after the 2010 popular uprisings, this article contributes to Role Theory by explaining how regional audience expectations influence foreign policy roles. The article first demonstrates how achieved roles develop expectations among regional states as the audience. Then it explains how these expectations condition role enactment. The article shows how Tunisia developed and established a foreign policy posture of strategic distance, defined by neutrality in regional conflicts, adherence to legalism, and pursuit of economic interests. Strategic distance came to be expected by North African states.

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.

Rights groups and social movements in Egypt, including the April 6 Youth Movement developed the Transitional Justice Law based on previous experiences worldwide such as the South African one. Tunisia, which was the starting point of the Arab revolutions, beat Egypt to it by cooperating with the Ministry of Justice in South Africa. In 2003, Morocco established the Equity and Reconciliation Commission to look into human rights abuses from 1956-1999. This paper discusses the possibility of implementing the notion of transitional justice in Egypt and tries to use an approach that puts the national reconciliation and transitional justice mechanisms in their wider framework, i.e. democratic transition and institutional reform based on negotiations with political forces. The paper explores the philosophy of transitional justice, the organizational qualities that contribute to its success and the conditions that help overcome any arising challenges or possible resistance.