Chapter 2 discusses the systems of government and the distribution of powers under post-2011 Arab constitutions. It first examines the issue of the overconcentration of authority in the hands of the head of state (with the notable exception of the 2014 Tunisian Constitution, which provided for a genuine semi-presidential system and a fairly robust system of checks and balances [at least on paper]). A special focus is placed on the emergency regimes: Despite some attempts to prevent abuses, the new constitutional provisions governing states of emergency continue to grant the executive branch a significant degree of discretionary power. Furthermore, the chapter shows that not only horizontal but also vertical separation of powers has remained weak. The last part of the chapter discusses the main reasons for the overconcentration of power, namely the constitutional tradition, the patriarchal family, the “top-down” constitution-making processes, and external influences. One of the major consequences of the overconcentration of authority was to undermine the principle of popular sovereignty.

This book was originally completed in November 2022, at the time of the Israeli election and the formation of a new government. The Epilogue was added more than a year later, in March 2024. This addition was necessary since Israeli society has been experiencing two unanticipated major crises. First, the government’s planned ‘judicial reform’ divided society into two sharply antagonistic blocs that battled each other for many months. Second, the sudden October 2023 outbreak of the Hamas–Israel War in and around Gaza has already had profound results. The ‘judicial reform’ is presently dormant, while the Gaza War is intense and continuing. This therefore is an ‘interim epilogue’, an analysis of critical events whose outcomes are uncertain, and that will influence and mold society for years, if not decades, to come.

Recent decades have been characterized by the growth of diverse religious movements among both Israeli Jews and Israeli Palestinians. The various haredi sects have grown rapidly and strive to be autonomous enclaves, religious nationalists have successfully colonized the West Bank, and the ‘repentance movement’ struck roots among Mizrachim. Mystical movements have also flourished and pilgrimages to saints’ tombs extensively practiced. These diverse movements interact and some young haredim also leave their enclaves to join secular society. Among Israeli Palestinians, the ‘religious turn’ has also been significant, and the Islamic Movement has grown in size and influence.

Modern Hebrew was invented among Eastern European Jews as part of the Enlightenment and nineteenth-century nationalist development, and it became a cardinal feature of the Zionist Movement. Hebrew became the language of the small Jewish community in Palestine, and following 1948, immigrants to Israel were trained in the language. A thriving spoken and written Hebrew culture emerged. Hebrew is the language of Israeli pop music, and three genres – nationalist ballads, rock, and musica mizrachit – compete for popularity. Hebrew is challenged by the global power of English as a dominant language.

How were post-Arab Spring constitutions drafted? What are the most significant elements of continuity and change within the new constitutional texts? What purposes are these texts designed to serve? To what extent have constitutional provisions been enforced? Have the principles of constitutionalism been strengthened compared to the past? These are some of the key questions Francesco Biagi addresses. Constitution-Building After the Arab Spring: A Comparative Perspective examines seven national experiences of constitution-building in the Arab world following the 2011 uprisings, namely those of Morocco, Algeria, Tunisia, Libya, Egypt, Syria, and Jordan. This interdisciplinary book, based largely on the author’s own work and research in the region, compares these seven national experiences through four analytical frameworks: constitution-drafting and constitutional reform processes; separation of powers and forms of government; constitutional justice; and religion, women, and non-Muslims within the framework of citizenship.

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.

This chapter offers a critical rereading of Omani work history that foregrounds labour, flipping the perspective from the view of industry and capital to the human experience. Through examining the history of labour governance and resistance in Oman, it argues that the contemporary governance, regulatory, and resistance environment for labour have clear lineages in the past. First, it traverses three key legacies governing work and workers – the colonial modes of circulating, disciplining, and classifying labour, the oil industry’s human resources policies, and the management of labour in national economic planning. Second, the chapter traces discourses about workers and how these discourses and prejudices are persistent technologies of governance that influence practices and assessments of employment and development. Together, this reveals a genealogy of practice and discourse underpinned by racial capitalism that have shaped work life in Oman and the Gulf more widely. Finally, the chapter discusses the various forms of contestation to these practices over time, including connections to worker agitation and mobilisation, strike action, and connections with antiimperialist movements.

How were post-Arab Spring constitutions drafted? What are the most significant elements of continuity and change within the new constitutional texts? What purposes are these texts designed to serve? To what extent have constitutional provisions been enforced? Have the principles of constitutionalism been strengthened compared to the past? These are some of the key questions Francesco Biagi addresses. Constitution-Building After the Arab Spring: A Comparative Perspective examines seven national experiences of constitution-building in the Arab world following the 2011 uprisings, namely those of Morocco, Algeria, Tunisia, Libya, Egypt, Syria, and Jordan. This interdisciplinary book, based largely on the author’s own work and research in the region, compares these seven national experiences through four analytical frameworks: constitution-drafting and constitutional reform processes; separation of powers and forms of government; constitutional justice; and religion, women, and non-Muslims within the framework of citizenship.