Francesco Biagi

Constitutional Adjudication in North Africa and the Middle East Following the Arab Spring

  • Abstract

Informations and abstract

Keywords: Constitutional Courts; Arab Spring; North Africa and the Middle East; Constitutional Reforms; Transitions to Democracy.

One of the most significant trends following the Arab Spring was the emergence and strengthening of constitutional courts. The aim of this paper is to discuss whether these bodies have acquired or not the potential to place adequate checks on the executive branch and thus contribute to the democratization processes in a more effective way compared to the past. In order to do so, I first identify the main reasons why constitutional courts before the Arab Spring rarely acted as counter-majoritarian bodies. I then discuss the major novelties introduced by the recent constitutional reforms in the field of constitutional adjudication, and I analyze the role played by constitutional courts during the transition processes. Finally, I examine some of the main obstacles that these bodies have to overcome in order to consolidate their position in the new constitutional frameworks.

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