Latest Articles

The premise of this study is the belief that there is a crisis in contemporary liberal democracy resulting from the tension between two traditions: one democratic and the other liberal. The spread of right-wing populism in the West is not a new phenomenon, but rather a new manifestation of what may be called a permanent crisis of democracy. The study distinguishes populism from totalitarian ideological movements that gain popular support through demagogy and incitement against the other and reviews existing tensions in the structure of liberal democracy. The paper finds that populist rhetoric is channeled through tensions in the structure of liberal democracy and translates social anger into criticism of the democratic system itself, by using one component of a complex democratic system against another.

This study argues that the political system resulting from the post-2003 political process in Iraq contributed to the reproduction of ethnic, religious and linguistic minorities within a homogeneous political identity, without taking into account the multiplicity of ideological orientations within the minorities themselves. These minorities have become political minorities, but they are powerless and unable to change or influence the political decision-making process in Iraq. This means that political practice in Iraq, including general electoral practice, remained a practice based on the reproduction of ethnic, religious and linguistic minorities, and did not turn into a real political practice. In other words, the identity marker (sect, ethnicity, etc.) comes before the political manifesto. This political reality imposed on ethnic, religious and linguistic minorities a political behaviour represented in voting for their ethnic, religious and linguistic parties, just as they were in the one-party era.

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.

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.

This study explores the relationship and reciprocal influence between the political authority in Iran, led by the Supreme Leader, Ali Khamenei, and the religious authority in Najaf, led by the Grand Ayatollah and marja', Ali al-Sistani. Rather than focusing exclusively on jurisprudential/ideological doctrines, the paper approaches the subject from a perspective that emphasizes the interactive relationship between the structure and the agency. It suggests that the emergence of the Islamic regime in Iran, based on the principle of Willayat Al-Faqih, had a significant impact on reshaping power relations in the Shi'i theological space and the response of Shi'i religious actors. At the same time, the practices adopted by al-Sistani in Iraq after 2003 , the context he was responding to, and the emergence of the Marji ʿ yya as an extraconstitutional actor, allowed for the formation of an alternative transitional model, which I term a "neo-traditional authority". The study argues for an alternative to two theses: first, the potential decline of the traditional Marji ʿ yya due to the dominance of the Willayat Al-Faqih in Iran, put forward in particular by Mehdi Khalaji, and second, the superiority and continuity of the traditional Marji ʿ yya due to its depoliticization, contended by Linda Wallbridge. The paper also maintains that there is an interpretive framework that meets the two theses in the middle, represented by the rise of the neo-traditional Marji ʿ yya and the possibility it will emerge as an alternative model in the future.

This study investigates the circumstances under which military governments leave power. It shows that there is no single path to get the military out of power, as there are no general rules for all cases. Nevertheless, several lessons are learned of which the most important is that military officers never relinquish power on their own. Rather, they are usually forced to leave it. In most cases, forcing the military to hand over authority requires a democratic opposition bloc that reaches a national consensus and agrees on a clear political strategy with an explicit goal. This will get the military out of power and establish a civilian government. A consensus or democratic bloc enables reformist democrats to change the balance of power for the benefit of democratic transition.

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.

This article is an attempt to study the legitimization of the Moroccan political system by constitutional jurisprudence, considered as a concrete process within the science of constitutional law, and a social field that has witnessed struggles over epistemic authority. The structure and dynamism of this scientific field, and the appropriate political context, led to its transition from profane thought to traditionalism in the wake of the conservative revolution spearheaded by moroccan young researchers. This revolution, which constituted the kingdom of the constitutionalists, will shift from a counter field to a hegemonic one. This enabled the pioneers of traditionalism to participate in the process of legitimizing the political system in Morocco, through the production of constitutional documents broadcast and infused in symbolic violence through the constitutional lesson that will turn them, with the backing of the constitutional document and academic mentoring, into a scientific habitus.

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.

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.