Latest Articles

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.

This report includes documentation of the most important Palestinian facts and events related to the Arab-Israeli conflict in the period from Septemper 1 to October 31, 2022.

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.

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.

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.

Most initial readings have exhausted their explanations for failure, or stumbling, of the democratic transition process in Tunisia. Given the country’s weak political performance, lack of economic achievement, and worsening corruption, the need has emerged to consider the role of political culture in events since the Tunisian revolution up until President Kais Saied declared a state of emergency on 25 July 2021. Contrary to the prevailing trend in the literature on democratic transition, which has often overlooked the importance of a minimum level of civil political culture taking root, there is an urgent need to recognize its vital role in ensuring the success of any transitional process, especially in the early stages. This paper argues that the absence of a minimum level of political culture has contributed to the fragility of the transitional process in Tunisia, making democracy vulnerable to failure and to the reproduction of authoritarian patterns. Therefore, strengthening this culture becomes a necessity to ensure the sustainability of the democratic transition and avoid setbacks.

This article traces routes taken by social and political research to explain the state's role in relation to economy and society, and in explaining policies and government activities. Pluralist and structural functionalist approaches commanded the landscape of political science and sociology in the 1950s and 1960s in the United States, and before that in nineteenth century Europe, all centering around society. But a shift occurred with the "Keynesian revolution" culminating in current research that emphasizes the state as a powerful and influential actor in political and social processes, by virtue of its policies and typical relationships with social groups. The emphasis of contemporary study on the state is a theoretical reclamation of the role it played in familiar works of leading German scholars such as Max Weber and Otto Hintz. This article discusses the role and capacity of the state, as detailed through various texts.

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 raises several pressing questions: Was the fall of the Salvation Regime in Sudan the result of an internal initiative or the opposition coalition, or both? To what extent did external dynamics influence the overthrow of regime and the transition to democracy? Is the post-Salvation regime likely to follow a democratic trajectory, or will it turn into another authoritarian regime? The study concludes that it is likely that the agreed goal between the international powers and their authoritarian partners in the region is to move Sudan to a "hybrid" system, where the elements of the old authoritarian regime remain in power, while maintaining a minimum level of democracy. In addition, the ruling military-civilian coalition will find support from the United States and the European Union (and their regional allies), enabling it to dismantle the institutions of the former regime, accommodate a number of armed movements in the political process, and gradually integrate into the international (security and economic) system. Meanwhile, domestically, the transitional government will face challenges that may not only lead to the collapse of the transitional process, but also to the collapse of the Sudanese state itself.

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.