Latest Articles

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.

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.

This paper explores the difficulties of the city and governorate of Kirkuk, specifically the problems from its diverse composition. Kirkuk has been described as a “microcosm of Iraq”, in recognition of the ethnic, linguistic, cultural and religious diversity in the region. This gives added impetus to finding a resolution to the difficulties of governance in the governorate-city: a solution to the problems in Kirkuk could have positive reverberations for the rest of Iraq.The governorate’s problems began in the wake of the discovery of oil there, with a gradual effort towards “Arabization” of the population there undertaken by the then-government of Saddam. This led to the formation of clear ethnic fault lines, which became clearer following the invasion of Iraq in 2003. At that point, Kirkuk became even more polarized, serving to further entrench the problems of governance in the region. Based on the existing literature on Kirkuk, on the Iraqi constitution and the experience of government in Iraq since 2003, this paper proposes consociational democracy as the preferred approach to resolving Kirkuk’s long-outstanding issues, including the disputes resulting from religious and ethnic differences typical of pluralist societies.

The debate over the most appropriate model for governing Somalia continues. This article begins by synthetizing that debate using interviews, discussion groups, as well as document and literature analyses. It addresses issues of complaint with the current system, including lack of confidence, demands for democracy, access to basic services, and for a fair share of resources. These form the core of local interest in decentralized proposals. It analyses the regional and international context, as well as tribal politics as forces pushing for the current tribal federal project. The suitability of proposals for confederacy, federalism, government by consensus, and decentralization contained in the published literature are analyzed in this context, alongside the literature available on the subject. The paper finds that a decentralized system is the most appropriate governance model for Somalia, explaining how the flexible tools it involves will work to keep the country united, address local grievances, and legitimate interests of external Parties.