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1 - We the People or We the Rulers?

Constitution-Making and Constitutional Reform Processes

Published online by Cambridge University Press:  31 December 2024

Francesco Biagi
Affiliation:
Università di Bologna
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Summary

Chapter 1 focuses on constitution-making and constitutional reform processes. After providing a brief historical overview of the four waves of constitution-drafting in the Arab world, this chapter examines closely the post-Arab Spring constitution-making and constitutional reform processes, focusing on the following elements: The body in charge of drafting the constitution and the role played by the ruling regime (“bottom-up” vs. “top-down” processes); the degree of openness and transparency of the process; the duration of the process; the role played by political parties; the role of civil society; the role played by external actors; the influence of previous domestic constitutions and their “reactivation”; and the influence of foreign constitutional models. The chapter shows that the vast majority of these processes were characterized by major flaws and shortcomings, a fact that had a negative impact on the legitimacy and sense of ownership of these texts and, ultimately, on the transition processes as a whole. Although it should not be idealized, the process that led to the adoption of the 2014 Tunisian Constitution was to a large extent a positive exception.

Type
Chapter
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Constitution-Building After the Arab Spring
A Comparative Perspective
, pp. 9 - 62
Publisher: Cambridge University Press
Print publication year: 2025

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