scholarly journals Constitutional reform processes

Author(s):  
Ewa K. Strzelecka ◽  
María Angustias Parejo

This chapter analyses the constitutional reform processes that have taken place in the MENA countries since the social uprisings in 2011. The purpose of this study is to examine and compare the constitutional reform processes in order to offer key insights into these processes and to propose a typology of the dynamics of constitutional reform, and its scope in the MENA region. The aspects for analysis include procedures, consensus and dissent during the course of the constitutional process, and the content of the constitutional reforms. The emphasis is placed on the most important elements of the processes of constitutional change and of the content of the new constitutions, while paying particular attention to aspects related with the power of heads of state, the most frequently-debated reforms and the advancement of gender equality and women’s rights. The authors conclude that constitutional processes are relevant, but not determinant for democratic change, with the exception of Tunisia. The scope of the constitutional amendments has been limited and has perpetuated the dominance of the authoritarian rulers. Many of the constitutional reforms after the Arab Spring have been the product of strategies for survival by the respective regimes and were promoted ‘top-down’ through a process that, in many countries, excluded the revolutionary movements and opposition groups that were not loyal to the regime.

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-19
Author(s):  
Ashraf Booley

Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form of public space and debate. Encouraged by the uprisings in Tunisia and Egypt, and the Arab Spring, young Moroccans began to organise extensive demonstrations across the country demanding that a more substantive democracy, social justice and an anti-corruption mechanism be put in place. The 20 February movement, named after the first demonstration held on that date in 2011, is a worthy illustration of one of the latest social movements characterised by a concentrated use of technology and their disseminated membership. King Mohammed VI, Commander of the Faithful and the highest authority in Morocco, promised in a televised speech to introduce radical and genuine constitutional reforms that would democratise the country. This article describes the historical trajectory of the monarchy, the emergence and structuring of the 20 February movement and the neutralization strategy pursued by the monarchy in bringing about a constitutional change.


Significance The debate over constitutional reform will be enlivened by the upcoming election of a constituent convention in Chile on the same day as the Peruvian elections. Impacts Constitutional change may become a banner for the left elsewhere in Latin America. Future constitutional reforms may reconsider the status of indigenous communities in the Amazon. Workers’ rights, include labour stability, may be strengthened.


Author(s):  
Luis Melián

A key issue in the study of political change is the situation and development of rights and freedoms. Specifically, this chapter studies the impact that the eruption of the Arab Spring has had on these liberties. In order to meet this objective it analyses primary sources, legal reforms and frameworks, and databases and research reports. The question this chapter addresses is whether political changes in the MENA region reflect deepening liberalisation processes through de iure modifications of the civil liberties legislative framework; and the extent to which these changes have had a de facto impact on regimes. In sum, it assesses whether these changes have been sufficient to represent an advance or regression in the democratic character of the region's political regimes. After the analysis, it can be concluded that the situation of civil liberties in the region is either precarious or alarming in the majority of the MENA countries. Furthermore, with the exception of Tunisia, the Arab Spring has not led to a substantive improvement despite the reformist ambition of some countries, and has even led to a significant deterioration in various cases.


Author(s):  
Raquel Ojeda ◽  
Francesco Cavatorta

This chapter analyses the state of good governance following the main indicators elaborated by the World Bank in the MENA region. International institutions have been criticised for having unrealistic or unreliable criteria in relation to good governance; however this chapter argues that they do sufficiently represent what good governance should be about and in what kind of environment it should occur. The contention here is that the lack of good governance in the MENA region is not a story of poor achievement related to criteria or adaptability, but a much broader failure of international institutional policies in the developing world, but at the same time, local MENA political actors greatly contributed to such failure. There are a number of factors that explain the failure of good governance policies in the Middle East and North Africa and they are related to both structural weaknesses in the way in which they were thought out – erroneous theoretical assumptions – and to contingent issues related to their implementation on the ground. Finally, various studies on the state of governance and its indicators over the last decade, including the Arab Spring period, have demonstrated that the political, economic and social situation is no better than before the uprisings.


2015 ◽  
Vol 7 (2) ◽  
pp. 257-284 ◽  
Author(s):  
Andrej Zwitter

Legal mechanisms governing the state of emergency can play an important role in authoritarian rule and post-revolutionary transition periods. Egypt has experienced the terror of a regime empowered by emergency law. In Tunisia, emergency law was not so much an issue before but rather after the Jasmine revolution. Given the importance of emergency regulations in both cases, this article provides brief process-oriented accounts of the constitutional reforms triggered by the Arab Spring. It furthermore takes a critical look at how Egypt and Tunisia have redesigned these norms in the latest constitutions of early 2014. On the basis of criteria regarding the rule of law and mechanisms of crisis governance in modern democracies, this article then analyses and evaluates the key elements regarding checks and balances pertaining to emergency regulations in the 2014 constitutions.


2012 ◽  
Vol 5 (1) ◽  
pp. 27-53 ◽  
Author(s):  
Abdelilah Belkeziz

This article, originally delivered in the Fall of 2011 at a seminar held in Beirut at the Centre for Arab Unity Studies, examines the 2011 amendments to the Moroccan Constitution in light of the historical background. The tumultuous events of the so-called ‘Arab Spring’ brought new urgency to the issue of constitutional reforms that had been broached initially on the accession of Muhammad VI to the throne in 1999. Since independence, Moroccan political society has typically been vibrant, democratic and home to numerous political parties of various orientations and, since the 1970s, has witnessed calls by various sides for constitutional reforms as well as for the institution of a constitutional or parliamentary monarchy. On 9 March 2011 Muhammad VI gave a momentous address subjecting the issue of royal authority to public deliberations. This topic had previously ranked as one of the few unapproachable taboos of the political scene. A vital driving force in the process of constitutional reform has been the youthful February 20 Movement that was instrumental in the mobilization of millions of Moroccans and led to submitting the new draft Constitution to popular referendum and its ratification on 1 July 2011. Unlike other Arab countries, Morocco's functioning democracy, its well-established political parties and the fact that the issue of constitutional reforms had already been on the table meant that when Moroccans descended into the streets they had a set of clearly defined demands – demands that were also less drastic than those being made in other countries. Yet while Moroccan politics have been highly developed and articulate since the 1940s, the events of the Arab Spring provided the necessary shock and catalyst to transform relative complacency into action. The dense topography of mature political parties and organizations in Morocco factored in two ways: first, it permitted a stable environment for democratic transition, which was not new as a concept; and in a somewhat less positive regard, the compromises and concessions to numerous sides dictated by Moroccan political pluralism led – in the drafting of the amended Constitution – to a document of somewhat indistinct character. The King's authority, in particular, is not so limited as a contemporary parliamentary monarchy and he retains a distinct set of powers, particularly under the aegis of his role as ‘Commander of the Faithful’ (Amir al-Mu'minin). Nevertheless, there have been significant changes and this article examines the nature of these, their genesis and links to various political trends and parties. The uniqueness of the Moroccan model is demonstrated, though other Arab countries, notably Jordan, may follow a similar path.


2021 ◽  
Vol 6 (3) ◽  
pp. 355-376
Author(s):  
Derek S. Hutcheson ◽  
Ian McAllister

Abstract In July 2020, Russian voters gave strong support to a package of constitutional reforms that reconfigured the Russian political system and enshrined social guarantees and conservative identity values, consolidating the regime that has been built over a 20-year period. This was achieved through an alteration that ‘zeroed’ presidential terms that commenced before the constitutional change, potentially allowing President Vladimir Putin to overcome term limits and continue in office beyond 2024. The article explains how such a far-reaching and important change was successfully endorsed by the Russian electorate. The analysis shows that the main explanation rests with variations in voting patterns across the regions, a pattern that has been evident in previous Russian elections and resulted in strong pro-Putin support. The article also evaluates questions raised about the legitimacy of the result, and its long-term significance for the Russian political system.


ICL Journal ◽  
2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Paul Blokker

AbstractThe article discusses civic engagement in Romanian constitutionalism. First, I briefly discuss theoretical dimensions of the relation between citizens and constitutional change. Second, the Romanian Constitution will be analyzed in terms of formal constitutional instruments of civic participation. Third, civic engagement in constitution-making and constitutional reform since 1991 will be studied. I will conclude that in the early years of Romanian democratic constitutionalism, citizens’ formal possibilities and actual capacities for engagement in constitutional politics have been severely limited. Civic participation has, however, become more promising and prominent in the 2003 and 2013 reform processes. The Romanian dual experience with the


2021 ◽  
pp. 17-45
Author(s):  
Timur Khayrullin

The work is the result of a conference held on December 2, 2020 by the Center for Civilizational and Regional Studies of the Institute for African Studies of the Russian Academy of Sciences on the topic «Prospects for destabilization processes in the Middle East and North Africa: before and after the pandemic». The conference program consisted of four working sessions. The problems of the organized conference went beyond the issues stated for discussion and were of an interdisciplinary nature. In particular, several conflict points were identified that arose during the events of the Arab Spring and have not been resolved until today. First of all, these are the Syrian, Libyan and Yemeni crises. COVID-19 has not spared any region of the world. For obvious reasons, developing countries have been particularly hard hit. This includes the Middle East and North Africa (MENA) region. The effects of years of poverty, authoritarianism, corruption and other serious long-term shortcomings have intensified against the backdrop of the pandemic. The partnership between the West and the MENA countries is more necessary than ever. The structure of the work consists of an introduction, which reflects the topic, problems, purpose, as well as the issues stated for discussion. Below are the short theses of the conference participants, representatives of the leading scientific and educational centers of Russia. At the end of the work, a conclusion is given, which summarizes the main results of the conference.


Author(s):  
Galina Andreeva ◽  

The review describes and analyzes the work of Russian constitutionalists on the theory of constitutional reforms, including the problems of constitutional limits of constitutional amendments and the specifics of constitutional control over amendments to the сonstitution, as well as Russian studies on changes in specific constitutions. The most striking examples of the latter are the works on constitutional changes in the post-soviet space and constitutional changes in the wake of the «Arab spring».


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