an Eldis Resource
Constitutional reform in the Arab world
What has been the level of constitutional reform in the Arab world?
Authors:
A.E. Messaudi
Publisher:
The Arab Reform Initiative, 2010
Constitutional reform in the Arab world derives legitimacy from its importance in the process of modernization, reformulating the relationship between state and society, and effecting changes that reflect evolving ideological and intellectual systems, as well as regional and international political developments. While most Arab states have had a succession of different constitutions, there were a particularly high number of constitutional reforms over the last two decades. This study is particularly concerned with these amendments.
Findings:
- International reports on the human rights situation in Arab countries found that rights and freedoms were not well safeguarded
- Equality between the sexes has been an important feature of recent constitutional changes
- Constitutional amendments have also been passed in order to appoint special committees mandated to verify the constitutionality of laws
- The transition from a single-party system to a multi-party one in certain Arab countries allowed the organization of competitive elections, at least in appearance
- New laws or amended laws were enacted with regards to political parties and general freedoms or were accompanied by the creation of new institutions.
Conclusions:
- Any analysis of constitutional reform in the Arab world must take into account the interplay between political and economic reforms, and the social and cultural environment
- This study has shown that despite the fact that these reforms have not profoundly altered the political and constitutional arrangements in these countries, they have permitted a change in the relationship between the powers, and an increased role for political parties, as well as civil society, which has been empowered to undertake an effective role in future constitutional amendments
- The effect of international pressure on the Arab states has also been clearly shown in the field of human rights; however, the negative impact on this area caused by laws to fight terrorism has also been made clear
- A comparison with the experiences of countries that have certain problems and characteristics in common with the Arab states, for example in Latin America, shows that generally speaking, constitutional reforms provide a gateway to democracy, or to a transitional phase of democracy, and at the very least can be the way out of a crisis.
