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4 - Pathways of Failure

The Importance of the Process

Published online by Cambridge University Press:  31 March 2022

Tofigh Maboudi
Affiliation:
Loyola University, Chicago
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Summary

When and how do constitution-making processes hinder democratic transitions? Examining the Arab Spring constitutional reforms, this chapter identifies four pathways through which non-inclusive and/or nonparticipatory processes lead to either constitutional failure or democratic backsliding. The first type of process leading to failure is the “populist” process, a nondemocratic, exclusionary process identified by a majority rule (Egypt 2012). The second type is the “window-dressing” process where severely contested regimes unwilling to democratize initiate constitutional reforms which only appear inclusive or participatory by allowing a small group of moderate opposition groups to participate (e.g., Jordan 2011, Morocco 2011, Egypt 2014, and Algeria 2016). The third failed pathway is through “closed” constitution-making processes where input from the general public is not sought, nor are major interest groups and civil society organizations offered a seat at the table (Bahrain 2012, Syria 2012, Oman 2011, Saudi Arabia 2013, and Egypt 2019). The last failed pathway of constitution-making processes is “conflict” constitutions, which involves a non-inclusive process in ethnically or regionally divided nations. As the cases of Yemen (2015) and Libya (2017) show, in such circumstances the process of crafting the constitution only exacerbates the extant conflicts.

Type
Chapter
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The 'Fall' of the Arab Spring
Democracy's Challenges and Efforts to Reconstitute the Middle East
, pp. 113 - 159
Publisher: Cambridge University Press
Print publication year: 2022

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  • Pathways of Failure
  • Tofigh Maboudi, Loyola University, Chicago
  • Book: The 'Fall' of the Arab Spring
  • Online publication: 31 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009023382.005
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  • Pathways of Failure
  • Tofigh Maboudi, Loyola University, Chicago
  • Book: The 'Fall' of the Arab Spring
  • Online publication: 31 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009023382.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Pathways of Failure
  • Tofigh Maboudi, Loyola University, Chicago
  • Book: The 'Fall' of the Arab Spring
  • Online publication: 31 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009023382.005
Available formats
×