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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.

What motivates an authoritarian system, or more precisely, its leadership, which tailors legislation to its needs, violates it at will, usurps powers and combines them as it wishes, to support the existence of a seemingly "formal" independent judiciary? Moreover, how does it allow this judiciary to challenge it by limiting its authorities and narrowing its interests? The study revisits this perennial yet contemporary question, employing the Palestinian experience as a case study. It adopts a comprehensive analytical approach, examining the orientations of the Palestinian Constitutional Judiciary (PCJ), represented by the Supreme Constitutional Court and its predecessor, the Supreme Court as a temporary constitutional court, over two decades (2002 - 2022). The study originated from the assumption that the PCJ undertakes a "dual function" akin to experiences observed in authoritarian regimes, where there is a propensity for the existence of a judiciary that allows the sacrifice of some of its non-essential interests. This sacrifice is made in exchange for its utilization in legitimizing the regime and/or reassuring investors and/or controlling the administrative apparatus. However, the study concluded that the sole central and substantive interest is the support of the alleged legitimacy of the regime, and there is no corresponding sacrifice of non- essential interests. Instead, there is an abandonment of human rights.

This article aims to explain and review the theoretical and normative contexts of Transitional Justice (TJ). This is done as empirical studies or specific settings particularly in the Arab region need to be rooted much more in TJ theory. The article argues that data and statistics need to be used and evaluated and that there needs to be greater use of methodological processes including empirical studies. It is argued that at present, this is not always the case. Similarly, when models are presented or critiqued by practitioners, little regard is given to TJ theory, or the context within which those models operated. Therefore, it is difficult to see what lessons can be learnt for other places even where the context or circumstances are very similar.

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 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.

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 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.

ﺗﺴﻌﻰ ﻫﺬه اﻟﻮرﻗﺔ إﻟﻰ ﻣﻌﺎﻟﺠﺔ أﺣﺪ ﺟﻮاﻧﺐ ﻋﻘﺪة ﻛﺮﻛﻮك اﻟﺘﻲ ﻣﺎ ﻓﺘﺌﺖ ﺗﺘﻔﺎﻋﻞ ﻣﻨﺬ ﺳﻘﻮط اﻟﻨﻈﺎم اﻟﻌﺮاﻗﻲ اﻟﺴﺎﺑﻖ، وذﻟﻚ ﻋﺒﺮ ﺗﻔﻜﻴﻚ اﻟﻤﺄزق اﻟﺬي آل إﻟﻴﻪ ﻣﺼﻴﺮ اﻧﺘﺨﺎﺑﺎت ﻣﺠﻠﺲ ﻣﺤﺎﻓﻈﺔ ﻛﺮﻛﻮك، ﻣﻨﺬ أول ﻋﻤﻠﻴﺔ اﻗﺘﺮاع ﻟﻤﺠﻠﺲ اﻟﻤﺤﺎﻓﻈﺔ ﻓﻲ ﻋﺎم 2005. وﺗﺘﺘﺒّﻊ ﻫﺬه اﻟﻮرﻗﺔ ﻣﺴﺎر اﻟﺘﺤﻮﻻت اﻟﺪﻳﻤﻮﻏﺮاﻓﻴﺔ اﻟﺘﻲ ﺷﻬﺪﺗﻬﺎ اﻟﻤﺤﺎﻓﻈﺔ، وﻣﺎ ﺻﺎﺣﺒﻬﺎ ﻣﻦ ﺗﻐﻴﺮات ﻓﻲ ﺗﺮﻛﻴﺒﺘﻬﺎ اﻟﺴﻜﺎﻧﻴﺔ اﻟﻌﺮﻗﻴﺔ، ﻣﻦ ﺧﻼل اﺳﺘﻨﻄﺎق ﻣﺎ ﺗﻮﻓﺮه اﻟﺘﻌﺪادات واﻟﺘﻘﺪﻳﺮات اﻟﺴﻜﺎﻧﻴﺔ اﻟﺘﻲ أﺟﺮﻳﺖ ﻣﻨﺬ ﺗﺄﺳﻴﺲ اﻟﺪوﻟﺔ اﻟﻌﺮاﻗﻴﺔ اﻟﺤﺪﻳﺜﺔ ﻋﺎم 1921. وﺗﺮﻣﻲ ﻣﻦ ﺧﻼل ذﻟﻚ إﻟﻰ اﺳﺘﻄﻼع ﻛﻴﻒ أﻧﺘﺠﺖ ﻫﺬه اﻟﺘﺤﻮﻻت وأﺟﺠﺖ ﺧﻼﻓﺎت ﻋﻠﻰ ﺧﻄﻮط ﺗﻤﺎس ﻋﺮﻗﻴﺔ ﺣﻮل ﺣﻖ اﻻﻗﺘﺮاع ﻓﻲ اﻟﻤﺤﺎﻓﻈﺔ؛ أدت إﻟﻰ اﺳﺘﺜﻨﺎء ﻛﺮﻛﻮك ﻣﻦ اﻧﺘﺨﺎﺑﺎت ﻣﺠﺎﻟﺲ اﻟﻤﺤﺎﻓﻈﺎت ﻓﻲ اﻟﻌﺮاق ﻟﺪورﺗﻴﻦ اﻧﺘﺨﺎﺑﻴﺘﻴﻦ إﻟﻰ ﺣﺪ ا¤ ن، 2009 و 2013. وﺗﻨﺒﺮي اﻟﻮرﻗﺔ إﻟﻰ ﺑﻨﺎء اﻟﺼﻮرة اﻟﺘﺎرﻳﺨﻴﺔ ﻟﻌﻤﻠﻴﺎت اﻟﺘﻌﺮﻳﺐ اﻟﺘﻲ ﺷﻬﺪﺗﻬﺎ اﻟﻤﺤﺎﻓﻈﺔ إﺑﺎن ﺣﻜﻢ اﻟﻨﻈﺎم اﻟﺴﺎﺑﻖ، ﻗﺒﻞ أن ﺗﻨﺘﻘﻞ إﻟﻰ رﺳﻢ ﺻﻮرة اﻻرﺗﻔﺎع اﻟﻜﺒﻴﺮ ﻓﻲ اﻟﻜﺜﺎﻓﺔ اﻟﺴﻜﺎﻧﻴﺔ اﻟﻜﺮدﻳﺔ ﻓﻴﻬﺎ ﻣﻨﺬ ﻋﺎم 2003. ﻛﻠﻤﺎت ﻣﻔﺘﺎﺣﻴﺔ: ﻛﺮﻛﻮك، اﻟﺘﻐﻴﻴﺮ اﻟﺪﻳﻤﻮﻏﺮاﻓﻲ، اﻟﻤﻨﺎﻃﻖ اﻟﻤﺘﻨﺎزع ﻋﻠﻴﻬﺎ. Tis paper investigates the crisis in which provincial elections in Kirkuk has been enmeshed since the first provincial polls in post-Saddam Iraq held in 2005. It plots the trajectory of ethnic demographic changes in Kirkuk since the formation of the modern Iraqi state in 1921 and probes how these transformations inflamed discord along ethnic fault lines leading to excluding Kirkuk from two provincial elections, 2009 and 2013, till now. Tracing the intensification of the Kirkuk crisis against the backdrop of the failure of constitutional and legal solutions designed to resolve the so-called "disputed internal boundaries" problem, the paper analyzes the election results and demographic data in Kirkuk to shed light on the deepening electoral crisis in the province. It concludes by making recommendations aimed at reforming electoral registration in Kirkuk.

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.