“In the Name of the People?” Understanding the Role of Egypt’s Supreme Constitutional Court in Times of Political Crisis

2020 ◽  
Vol 12 (2) ◽  
pp. 222-246
Author(s):  
Noura Hamdan Taha ◽  
Asem Khalil

Abstract Constitutional transformations frequently introduce and open up political spaces for new actors, as was shown during the so-called ‘Arab Spring’ when national movements emerged to demand the removal of long-established authoritarian regimes and instigated a series of institutional power struggles. Subsequent analysis of these events by academics has tended to overlook struggle conducted through and by legal institutions. This article directly addresses this oversight by considering the role of Egypt’s Supreme Constitutional Court (scc) in the 2011 uprisings, with specific attention to its influence on the country’s political transformation/s. It seeks to apply new analytical tools that will assist understanding of the position of judicial institutions in the Arab world, their institutional limits and expected functions. It demonstrates how this can be achieved through a closer analysis of the scc’s structure and the factors that shape its current role.

2015 ◽  
Vol 15 (3) ◽  
pp. 361-390 ◽  
Author(s):  
Elvin Ong

Recent political science research has suggested that autocrats adopt a variety of institutions such as nominally democratic elections and ruling parties to buttress authoritarian durability. In this article I investigate the role of constituency service in an authoritarian regime. I argue that Singapore's Meet-the-People Sessions (MPS) is a complementary institution that can serve to mitigate the weaknesses of other authoritarian institutions, thereby entrenching authoritarianism, rather than serve as a form of democratic representation. First, it is a mechanism to gain valuable everyday information about grievances within the population, thereby allowing the ruling People's Action Party (PAP) to formulate policies and effectively target its response. Second, it is a convenient venue to recruit and socialize ordinary party members, thus helping the PAP forestall potential party decay. Symbolically, conducting MPS is a material performance of the hegemonic ideology of elitism between PAP politicians and ordinary Singaporeans.


2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Сурен Авакьян ◽  
Suryen Avakyan

This article analyzes objective and subjective factors, which influence on appearance of constitutions and on current constitutional legal reforms. The author makes a conclusion that such development often features a significant role in ensuring action of constitutional norms of processes in sub-constitutional regulation. Key factors in appearance of new constitutions and constitutional reforms overall are economic and especially political crisis. Objective factors of importance of constitutional legal reforms may totally depend on subjective circumstances. The author also discusses the idea of “live constitution”, which becomes more actual in Russian Federation together with the role of Russian Constitutional Court in ensuring this idea. The author makes a general conclusion: constitutional reforms are not being in possession of objective approaches, based on necessary development of constitutional aspects of economy, social relationships and political organization of state, but depend heavily from subjective reluctance to implement constitutional reforms.


2020 ◽  
Vol 6 (1) ◽  
pp. 47-74
Author(s):  
A. O. Hashimi

The nineteenth Century was a revolutionary period in the history of societies, kingdoms and empires in Yorubaland. The Century witnessed profound and irreversible social, religious and political transformations in the lives of the people who lived in the region. Both internal and external factors were responsible for these processes of change. The consequential events centred on commerce, politics, religion, warfare, intra-and intergroup relations, and reform and adjustment to new ways of life. This paper describes the activities of the Muslims in the 19th century Yoruba Politics, and the significant roles played by the ‘Ulama in the period under study. Islam was introduced to Yorubaland before the 19th century, and the population was reinforced by the ingress of Muslim immigrants and Hausa slaves who were brought to Oyo Empire. In this diverse group different roles were played by the Muslim community and the ‘Ulama (clerics). The activities of the Muslims had momentous impact on 19th century Yoruba politics in different ways as recorded in Arabic documents and other historical materials. In the course of time, Muslims occupied positions of great authority in royal administration. They used their position to promote Islam. This paper argues that the roles of the ‘Ulama in the political transformation and social change in Yorubaland was so important that its impact is felt till today.


Author(s):  
Camelia Suleiman

This chapter lists the major events of Palestinian history. It also discusses what each of the following groups of people considers most significant in the history of the conflict. These groups are: Palestinians in Israel, Palestinians in the West Bank and the Gaza Strip, the Jordanians and the Israeli Jews. There is no doubting the fact that the ‘Israeli-Arab’ conflict has shaped the history and the identity of the people in Israel, Palestine, Jordan, and to a lesser but still significant extent, the history and identity of the people in the Arab world for much of the past century. The chapter also discusses the Arab Nahḍa and the role of Palestine in it. It juxtaposes the Nahḍa project with Zionism as a national movement.


1991 ◽  
Vol 26 (2) ◽  
pp. 244-260 ◽  
Author(s):  
Lisa Anderson

MOST OF WHAT WE KNOW ABOUT THE ROLE OF POLITICAL pacts and pact-making in developing democracy is based on transitions from exclusionary authoritarian regimes in Europe and Latin American. This is not surprising; most political pacts have been concluded in Europe and Latin America, as political and economic elites have attempted to extricate themselves from the ruins of war or the reigns of tyrants. Increasingly, however, pacts have been used elsewhere as devices to mark political transitions of other kinds. In the Arab world, for example, the ultimately unhappy fate of Lebanon's 1943 National Pact, which provided the framework of a transition to independence, did not deter pact-makers in Tunisia in 1988 from using the device in what they hoped would be a transition from a single-party regime to a more pluralist democracy.


2020 ◽  
Vol 57 (2) ◽  
pp. 132-143
Author(s):  
Maximilian Felsch

After the Arab upheavals that began in 2011, Saudi Arabia became the most dominant power in the Arab world. While most of its Arab rivals experienced political and economic crises and disintegration, the Gulf monarchy began an unprecedented active and even interventionist foreign policy and increased its regional influence tremendously. Remarkably, most of this activism was not exercised unilaterally but within regional institutional frameworks, mainly of the League of Arab States (LAS) and the Gulf Cooperation Council (GCC). This article investigates how Saudi Arabia gained institutional power within the LAS. The analysis is based on the LAS decisions at the Summit level before and after the Arab uprisings with regard to Saudi Arabia’s main foreign policy interests. The purpose of the article is to examine the essence of Saudi Arabia’s regional power. It also looks at the unforeseen revitalization of the LAS and allows predictions of the future of Arab regionalism in a changing Arab world.


2017 ◽  
Vol 17 (1) ◽  
pp. 193-210
Author(s):  
Florent Muçaj ◽  
Avdylkader Mucaj

SummaryThe article examines the constitutional position of the president of republic in the view of the appointment procedure established in Hamiti et al and Derguti et al. Both constitutional court decisions have construed a rhetorical interpretation of the expected role of the president of republic as representative of the unity of the people in a constitutional nutshell. The article questions both decisions’ structural rationality and legitimacy in what is likely a tough political controversy requiring two-third majority for the appointment of the president of republic in the first two rounds. To better designate the logic upon which the court relied when ruling in the two decisions, the article considers relevant comparative literature and case-law to channel the analysis. The article concludes that though the court demonstrated a rather activist tone in interpreting the procedure for the appointment of the president of republic, it also showed quite unprecedented willingness to constitutionally empower the position of the president of republic on basis of appointment-related preconditions.


2021 ◽  
pp. 443-458
Author(s):  
Carlos Arévalo ◽  
Julián Huertas

This chapter demonstrates how the Colombian Constitutional Court shaped the relationship between municipal and international law by decisively defining the role of international law in Colombia. It resorts to the classical distinction between monism and dualism as analytical tools to study the Colombian Constitutional Court's decisions. The Court's position regarding the interaction between international and domestic law does not fit the 'moderate monism' model it has claimed to have followed since 1998. On the contrary, the answer to the question about the status of general international law in the Colombian constitutional order is at some point between constitutional monism and dualism. To that extent, with the exceptions of jus cogens, international human rights law, international humanitarian law, and border delimitation, the Colombian Constitutional Court follows a “sovereigntist or statist” position, in which there is a general prevalence of domestic legislation over international law. However, the chapter does recognize that the Court has found a useful tool in international law to advance in significant social, political, and economic changes.


Author(s):  
Saim Kayadibi ◽  
Mehmet Birekul

In retrospect, the ‘Arab Spring’ has brought dramatic and significant social changes in many countries in the Middle East. In stark contrast to the Arab uprisings, the changes and transformation that have taken place in the political landscape in Turkey were more peaceful and less damaging to the society. The two scenarios warrant for a diagnostic investigation to identify the underlying reasons as to why the Turkish transformation happened peacefully, without any bloodshed, compared to the Arab world. The resistance movement in the Arab world was prepared to take the democratic and secular state of Turkey as a model in their demand for a change in their own countries. The people in the Arab world also witnessed the overwhelming support enjoyed by the conservatives of the AK Party (Justice and Development Party) led by Recep Tayyip Erdoğan. Very precisely, this paper intends to scrutinize the role of Turkey in giving the inspiration for the Arab uprising, analyze the declaration of the leaders and the people’s opinions stated in the print and electronic media with regard to the uprising. The overall analysis of this paper will make inferences to Turkey as an exemplary democratic country for the Arab world.


2014 ◽  
Vol 46 (1) ◽  
pp. 163-165 ◽  
Author(s):  
Nada Shabout

Designers and architects argue that interaction in public spaces is the product of relations between physical, cultural, social, and aesthetic components. As an art historian, my interest in and understanding of the production of public space is necessarily linked to its visual construction and to public art in particular. Urban planners have always included art in public spaces as a means of forming relationships between the people and the space. Governments have similarly understood the political significance of public space and its power to make meaning and have commissioned art accordingly. This essay reflects on the role of aesthetics and public art in the production and transformation of the modern public space in the Arab world by considering two examples from Cairo and Baghdad.


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