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.

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.

An increasing number of countries are turning to the International Court of Justice (ICJ) to resolve their water disputes. This is a positive development, as it allows the court to establish and improve standards for the use of waterways and help resolve conflicts related to water. The court's decisions reflect the tension between sovereignty and international law. Some decisions prioritize sovereignty and treaties, while others give more weight to moral principles and social theories. However, the court chose not to address water as a human right. This paper focuses on the ICJ''s role in developing a body of international water law and argues that the court still values sovereignty in its interpretation of laws, which often limits protections for the rights of non-state groups.

The success and widespread deployment of artificial intelligence (AI) have raised awareness of the technology's economic, social, and political consequences. Each new step in the development and application of AI is accompanied by speculations about a supposedly imminent but largely fictional artificial general intelligence (AGI) with (super-)human capacities, as seen in the unfolding discourse about capabilities and impact of large language models (LLMs) in the wake of ChatGPT. These far- reaching expectations lead to a discussion on the societal and political impact of AI that is largely dominated by unfocused fears and enthusiasms. In contrast, this article provides a framework for a more focused and productive analysis and discussion of AI's likely impact on one specific social field: democracy. First, it is necessary to be clear about the workings of AI. This means differentiating between what is at present a largely imaginary AGI and narrow artificial intelligence focused on solving specific tasks. This distinction allows for a critical discussion of how AI affects different aspects of democracy, including its effects on the conditions of self-rule and people's opportunities to exercise it, equality, the institution of elections, and competition between democratic and autocratic systems of government. This article shows that the consequences of today's AI are more specific for democracy than broad speculation about AGI capabilities implies. Focusing on these specific aspects will account for actual threats and opportunities and thus allow for better monitoring of AI's impact on democracy in an interdisciplinary effort by computer and social scientists.

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.

The political transition in Syria after the fall of Assad regime faces many interpretations and challenges. This study attempts to identify the situational determinants that form the general framework of the political transition map, especially since any transition process is linked to the determinants of the Syrian revolutionary situation. While most theories of political transition focus on democratization, the study assumes that the political transition in Syria requires an in-depth treatment of the issues that characterize the relationship between the three elements that make up the political sphere: state, political system and society. With help of some of Wolfgang Merkel’s theoretical ideas, the study develops a model of interactive political construction that supports the production of a collective political culture by looking at politics as a concept and as a practice. Through a critical analysis of some aspects of politics under Assad regime, the study concludes that political transition requires reforming the socio-political system by reforming the relationship between the state, power and society in order to build a new political space based on continuous interaction between them.

This study investigates the role of the police apparatus in Egypt during the 2011 revolution and the subsequent counter-revolution following the 2013 coup. It begins by examining the relationships between the Military Council, President Mohamed Morsi, and the police apparatus. The study then explores how the Ministry of Interior and its security agencies reverted to their previous repressive practices, including extrajudicial killings and torture. The research highlights that the security apparatus remained fragmented, marked by overlapping authorities and a focus on resource competition rather than coordination. However, the existential threat posed by the 2011 revolution compelled the apparatus to unify against the tangible threat of popular unrest. Following 2013 , the military, security and intelligence agencies furthered the suppression of opposition in various forms, largely evading accountability.

This article traces the different paths taken by constructivism in International Relations, from its emergence as a critical social theory in the 1980 s, in response to the third debate between positivist rationalists and post-positivist reflectivists, to Alexander Wendt's project to seize a middle ground and to bridge the rationalist–reflectivist epistemological gap. The article, then, examines the intra-debates among conventional and critical constructivists on Went's project, as well as the rise of the new constructivism after Wendt left the constructivist research program. The article explores the Wendtian project's epistemological tensions and demonstrates how such tensions led to a plurality within constructivism: modernist conventional and postmodernist critical (reflectivist). It highlights that Wendt's leaving constructivism and his shift to a quantum approach have not caused constructivism to decline, but instead, it continued to thrive through the efforts of a new generation of constructivists. The article argues that three main developments in International Relations over the past twenty years have contributed to its ongoing thriving: the decline of epistemological polarization among IR theories; the rise of critical realism as a philosophy of science in International Relations, and the emergence of analytical eclecticism.

Current scholarship on elections in authoritarian regimes has focused on exploring the relationship between elections and democratization, and it has generally used analytical frameworks and methods imported from the study of genuinely democratic elections to do so. These tendencies have kept scholars from asking a wide range of questions about the micro-level dynamics of authoritarian elections and the systematic differences among them. With these issues in mind, this review examines literature that investigates the purpose of elections in dictatorships; the electoral behavior of voters, candidates, and incumbents in these elections; and the link between elections and democratization. The review ends with a call to redirect the study of authoritarian elections toward uncovering and explaining the important differences among them.