Latest Articles

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.

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.

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.

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 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 pattern of authoritarianism in Arab states has popularized the view that elections are a mere formality with no real political weight and are thus unworthy of study. Therefore, the field of electoral studies, in Arabic, has not received enough attention, despite being one of the most important thematic branches in contemporary political science. This paper defends the importance of exploring this field in Arabic, and employing approaches advanced by social sciences. It briefly presents the historical development of elections in the region since the 19 th century, which shows that elections are not a political act alien to the region, rather a well-established practice in several Arab contexts, if not always an expression of democratic rule. It introduces questions raised by contemporary Arab elections, which require answers that go beyond the standard descriptive and legal approaches that have dominated research on the matter so far. The presentation demonstrates the potential of structural approaches to provide analytical theoretical frameworks for understanding voter turnout and participation in the Arab context.