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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.

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.

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.

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 article discusses the failure of the Iraqi political elites to resolve the key problems brought about by the occupation of Iraq in April 2003, even after the declaration of the Iraqi constitution in 2005. The article holds that the new constitution could not be implemented and was unsustainable for purely internal reasons. It was unable to provide answers to the new questions and facts, and the new tactical alternatives it created to produce hybrid regimes from 2006 were incapable of overcoming the structural crisis of the regime. This was especially the case since the attempts described as consensual, aimed to preserve the delicate political situation on the basis of the existing balance of power—rather than on the basis of a governing frame of reference accepted by all—did not transform into binding political conventions for the political groupings representative of the ethnic and religious components of Iraq, and at a minimum did not transform into agreements respected by all sides.

​The political game in Morocco has set rules and the royal institution plays a central role in its use of an approach that seeks to maintain the main political balance through soft guidance. The royal institution employs several strategies ranging from progressive integration to the implementation of restrictions, policies of repression, and use of torture as well as ignoring, feigning indifference, and taking a variety of other positions that skirt direct interference, which would cause the regime to appear authoritarian. This approach often leads to resolving outstanding problems instead of implementing threats. The paper argues that the political formula has enabled the Justice and Development Party to engage in the political arena on a practical level. The Islamists’ daily dealings with a complex reality, with all its problems and complications, have forced them to look for solutions with political officials either through consensus and coordination or by presenting their concerns to the parliament as an opposition party. This contributed a great deal to maturing and developing the party’s political experience despite the challenges posed by the parameters of the political game and the narrow margins it leaves for maneuvering.

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.

Consociationalism is a system of government recommended for ‘divided societies’. Starting with a discussion of its theoretical components and criticisms it has received, this article addresses how consociationalism has been implemented in in post - 2003 Iraq. The article asks whether the Iraqi constitution and institutions formed by it represented a successful case of consociationalism. Key consociational mechanisms such as an electoral system based on proportional representation, governments based on big multi - party coalitions and a federal and decentralized governance were adopted. However, this model was not entirely consociational as some practices that are common in the majoritarian government have also been used. In fact, divisions between majoritarian and consociational perspectives have polarized, and sometimes paralyzed, the political process. In light of this, the article discusses the sustainability of the current model and its likely future trajectories.

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.

This article looks at Algeria's security policy in general and its security doctrine in particular, analysing its changes and dilemmas in a turbulent regional environment and in the context of an internal Hirak. It argues that these doctrines have undergone minor changes to meet regional security needs, which precludes fundamental change at this stage. It also argues that the tension between the moral-normative imperative and the security imperative, on the one hand, and the principle of dual non-interference (political and military), on the other, constitute two major dilemmas confronting Algerian politics and security doctrine. Starting from these two elements, the article, after setting out my concept of the subject, examines the formation and nature of Algerian politics, ideology, and transformations. It then looks at the constitutional decision on the participation of Algerian armed forces in international peacekeeping operations, analysing their context (domestic and foreign), their motives and justifications, and the reservations they face. Finally, it analyses Algeria's regional security strategy as an alternative to intervention. The article comes to three main conclusions. First, there is a limited adjustment to the issue of external interference depending on the needs of the security interest. Second, the end of the absolute refusal to use armed forces outside the borders. Third, it is likely that the tension between moral-normative and security considerations will escalate if the unrest continues within its geographical boundaries.