The revolutionary role of constitutional courts in Morocco and Jordan as a contemporary example from the MENA region

2021 ◽  
pp. 145-168
Author(s):  
Hadeel S. Abu Hussein
Keyword(s):  
Constitutional Courts ◽  
Mena Region

The role of Constitutional Courts in Transitional Justice: Colombia and South Africa

2016 ◽  
Vol 9 (15) ◽  
Author(s):  
Nadiehezka Paola Palencia Tejedor
Keyword(s):  
South Africa ◽  
Structural Analysis ◽  
Transitional Justice ◽  
Critical Analysis ◽  
Historical Context ◽  
Constitutional Courts ◽  
Political Background ◽  
Similarities And Differences ◽  
Peace And Reconciliation

This work focuses on a compared analysis of the South Afri- can decision related to the “peace and reconciliation act” of this country’s Parliament, and the Colombian decision regarding the amendment of the constitution called “The juridical framework for the peace.” Turning to the structure, it is developed in three major topics: 1. It provides a brief of the historical context, political background and an overview of the two decisions.2. It gives a structural analysis of the powers that each Court has and the nature of the constitutional mechanism through which both Courts decided the constitutionality of the said norms 3. It presents a critical analysis on the similarities and differences between the two systems and judgments. It presents some con- clusions. 

Reinterpreting ‘the Mason Court Revolution’: An Historical Institutionalist Account of Judge-Driven Constitutional Transformation in Australia

2015 ◽  
Vol 43 (1) ◽  
pp. 1-25
Author(s):  
Theunis Roux
Keyword(s):  
Institutional Development ◽  
Social Needs ◽  
Constitutional Courts ◽  
Political Values ◽  
Exogenous Shock

There have been two major periods of judge-driven constitutional transformation in Australia. The first spanned the High Court's successful transformation over the course of the last century of the strongly federalist 1901 Constitution into a weakly federalist one. The second took the form of what is generally thought to have been the less than fully realized ‘Mason Court revolution’ – the Court's attempt, from 1987-1995, to turn the Constitution into a device for expressing core Australian political values. What explains these different outcomes – why was the first transformation so successful and the second only partially achieved? This article proposes an answer to this question based on a generalisable account of the role of constitutional courts in processes of constitutional transformation. In short, the argument is that the seminal Engineers decision triggered a self-reinforcing trajectory of institutional development that led to a stable politico-legal equilibrium by the middle of the last century. The judges responsible for the second attempted transformation sought to break free of this equilibrium in order to respond to what they thought were pressing social needs. In the absence of a significant exogenous shock to the system, however, the equilibrium structured and constrained what they were able to do.

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

scholarly journals Diet, Genetics, and Disease: A Focus on the Middle East and North Africa Region

2012 ◽  
Vol 2012 ◽  
pp. 1-19 ◽  
Author(s):  
Akl C. Fahed ◽  
Abdul-Karim M. El-Hage-Sleiman ◽  
Theresa I. Farhat ◽  
Georges M. Nemer
Keyword(s):  
Middle East ◽  
Chronic Diseases ◽  
North Africa ◽  
Genetic Factors ◽  
Future Research ◽  
Micronutrient Deficiencies ◽  
Mena Region ◽  
Mena Countries ◽  
Nutritional Genomics

The Middle East and North Africa (MENA) region suffers a drastic change from a traditional diet to an industrialized diet. This has led to an unparalleled increase in the prevalence of chronic diseases. This review discusses the role of nutritional genomics, or the dietary signature, in these dietary and disease changes in the MENA. The diet-genetics-disease relation is discussed in detail. Selected disease categories in the MENA are discussed starting with a review of their epidemiology in the different MENA countries, followed by an examination of the known genetic factors that have been reported in the disease discussed, whether inside or outside the MENA. Several diet-genetics-disease relationships in the MENA may be contributing to the increased prevalence of civilization disorders of metabolism and micronutrient deficiencies. Future research in the field of nutritional genomics in the MENA is needed to better define these relationships.

scholarly journals State Fragility, Social Contracts and the Role of Social Protection: Perspectives from the Middle East and North Africa (MENA) Region

2021 ◽  
Vol 10 (12) ◽  
pp. 447
Author(s):  
Markus Loewe ◽  
Tina Zintl
Keyword(s):  
Middle East ◽  
North Africa ◽  
Social Protection ◽  
Information Campaign ◽  
Mena Region ◽  
State Fragility ◽  
Social Contracts ◽  
Government Provision ◽  
Two Sides

Social contracts and state fragility represent two sides of one coin. The former concept highlights that governments need to deliver three “Ps”—protection, provision, and political participation—to be acceptable for societies, whereas the latter argues that states can fail due to lack of authority (inhibiting protection), capacity (inhibiting provision), or legitimacy. Defunct social contracts often lead to popular unrest. Using empirical evidence from the Middle East and North Africa, we demonstrate how different notions of state fragility lead to different kinds of grievances and how they can be remedied by measures of social protection. Social protection is always a key element of government provision and hence a cornerstone of all social contracts. It can most easily counteract grievances that were triggered by decreasing provision (e.g., after subsidy reforms in Iran and Morocco) but also partially substitute for deficient protection (e.g., by the Palestinian National Authority, in pre-2011 Yemen) or participation (information campaign accompanying Moroccan subsidy cut; participatory set-ups for cash-for-work programmes in Jordan). It can even help maintain a minimum of state–society relations in states defunct in all three Ps (e.g., Yemen). Hence, social protection can be a powerful instrument to reduce state fragility and mend social contracts. Yet, to be effective, it needs to address grievances in an inclusive, rule-based, and non-discriminatory way. In addition, to gain legitimacy, governments should assume responsibility over social protection instead of outsourcing it to foreign donors.

scholarly journals The Impact of Financial Development On The Clean Energy Transition In MENA Region: The Role of Institutional And Political Factors.

2021 ◽  
Author(s):  
Haifa Saadaoui
Keyword(s):  
Renewable Energy ◽  
Financial Development ◽  
Energy Transition ◽  
Transition Process ◽  
Clean Energy ◽  
Mena Region ◽  
Political Factors ◽  
Long Run ◽  
The Impact

Abstract This study focuses on the role of institutional factors as well as financial development in renewable energy transition in Middle East and North Africa (MENA) region over the period 1990-2018 using the ARDL PMG method. The investigation of long-run and short-run analysis confirms that institutional and political factors play a key role in promoting the transition to renewable energy, and shows that improving these factors can lead to decarbonization of the energy sector in the long run. Another important finding is that global financial development does not have a significant effect on the transition process in the long run, implying that the whole financial system needs a fundamental structural change to accelerate the substitution between polluting and clean energies. However, in the short term, the impact appears to be negative and significant, highlighting the inadequacy of financial institutions and financial markets in promoting the region’s sustainable path. Moreover, income drives the transition to renewable energy in both short and long term. The causality results show that both financial development and institutional quality lead to renewable energy transition, while there is a bidirectional link between income and renewable energy.This study can provide a very useful recommendation to promote a clean transition in the MENA region.

Constitutions, EU Law and Judicial Strategies in the Czech Republic, Hungary and Poland

2010 ◽  
Vol 30 (1) ◽  
pp. 81-99 ◽  
Author(s):  
MARCIN MATCZAK ◽  
MATYAS BENCZE ◽  
ZDENEK KÜHN
Keyword(s):  
Czech Republic ◽  
Constitutional Courts ◽  
East Central Europe ◽  
The Czech Republic ◽  
East Central ◽  
Institutional Effects ◽  
Original Dataset ◽  
Rule Approach ◽  
General Principles Of Law

AbstractGiven far-reaching changes in the legal systems of East Central Europe since the mid-1990s, one might expect administrative court judges to have modified the way in which they decide cases, in particular by embracing less formalistic adjudication strategies. Relying on an original dataset of over one thousand business-related cases from the Czech Republic, Hungary and Poland, this article shows that – despite some variation across countries and time – judges have largely failed to respond to the incentives contained in the new constitutional frameworks. They continue to adopt the most-locally-applicable-rule approach and are reluctant to apply general principles of law or to rely on Dworkinian ‘policies’ in deciding hard cases. The analysis links these weak institutional effects to the role of constitutional courts, case overload and educational legacies.

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