International IDEA &
The Center for Constitutional Transitions at NYU Law

Consolidating the Arab Spring:
Constitutional Transition in Egypt and Tunisia

The International Institute for Democracy and Electoral Assistance (International IDEA) and Constitutional Transitions present the Working Paper Series “Consolidating the Arab Spring: Constitutional Transition in Egypt and Tunisia”.

Published in June 2013, the Working Paper Series is a response to the imperative for targeted expertise in support of constitution building in the wake of the Arab Spring. As one of the primary international institutions supporting constitution building in the Middle East and North Africa region, International IDEA commissioned leading international experts to produce research papers on specific issues of constitutional design that will need to be addressed by states in the region seeking more democratic institutional frameworks.

International IDEA, together with Constitutional Transitions, has brought these papers together in this Working Paper Series. This Working Paper Series aims to bring the experience of constitution building in the region to a broader audience, with each paper addressing a specific question of constitutional design. The papers will be of interest to anyone following constitutional developments in the region. It reflects recent constitutional developments in the region, particularly those related to Tunisia’s third draft Constitution (22 April 2013, English translation available here).

Contributions in this Series

No. 1:

Egyptian Constitutional Reform and the Fight against Corruption

Zaid Al-Ali & Michael Dafel

No. 2:

Semi-Presidentialism as a Form of Government: Lessons for Tunisia

Sujit Choudhry & Richard Stacey

No. 3:

Tunisian Constitutional Reform and Decentralization: Reactions to the Draft Constitution of the Republic of Tunisia

Jörg Fedtke

No. 4:

Tunisian Constitutional Reform and Fundamental Rights: Reactions to the Draft Constitution of the Republic of Tunisia

Jörg Fedtke

No. 5:

The Tunisian Judicial Sector: Analysis and Recommendations

Tom Ginsburg

No. 6:

Preventing and Combatting Corruption: Good Governance and Constitutional Law in Tunisia

Juanita Olaya & Karen Hussmann

No. 7:

Security Forces Reform for Tunisia

Kent Roach

No. 8:

The Legislature under the Egyptian Constitution of 2012

Asanga Welikala

About the Editors

Zaid Al-Ali is Senior Advisor on Constitution-Building in the Arab region at the International Institute for Democracy and Electoral Assistance (International IDEA), and is based in Cairo. He was previously a legal advisor to the United Nations Assistance Mission to Iraq and to the United Nations Development Programme (Iraq Office), where he advised on constitutional, parliamentary, and judicial reform. Mr. Al-Ali is a leading regional expert on constitutional reform in the Arab region, and has written extensively on constitutional reform in the Arab region, including on the Iraqi Constitution and the transition processes in Egypt, Libya, Syria and Tunisia. His publications include: The Struggle for Iraq’s Future: After the Occupation, Fighting for Iraqi Democracy (Yale University Press, New Haven 2014, forthcoming); The Iraqi Constitution: A Contextual Analysis (Hart Publishing, Oxford 2014, forthcoming, with Jörg Fedtke); “Constitutional Drafting, National Uniqueness and Globalization”, in Thomas Fleiner, Cheryl Saunders and Mark Tushnet (eds), Handbook on Constitutional Law (Routledge, London 2012, with Arun Thiruvengadam); “Constitutional Drafting and External Influence”, in Tom Ginsburg and Rosalind Dixon (eds), Comparative Constitutional Law (Edward Elgar Publishing, Cheltenham 2011); and “Constitutional Legitimacy in Iraq: What role local context?”, in Armin von Bogdandy and Rüdiger Wolfrum (eds), Constitutionalism in Islamic Countries: Between Upheaval and Continuity (Oxford University Press, Oxford 2011).

Richard Stacey is the Director of Research at the Center for Constitutional Transitions at NYU Law (Constitutional Transitions). His publications include “Constituent Power and Carl Schmitt’s Theory of Constitution in Kenya’s Constitution-making Process” (2011) 9 International Journal of Constitutional Law 587, and “Independent or Dependent? Constitutional Courts in Divided Societies”, in Colin Harvey and Alex Schwartz (eds), Rights in Divided Societies (Hart, Oxford and Portland 2012, with Sujit Choudhry). He serves as co-editor of the multi-author reference work Constitutional Law of South Africa 2 ed (Juta, Cape Town 2007-), to which he has contributed chapters on socio-economic rights and executive authority. Between 2005 and 2010 he acted as an advisor on administrative law to the South African Department of Justice, and has advised the South African Parliament on matters of legislative drafting. In 2009, he acted as a consultant to Kenya’s Committee of Experts on Constitutional Review.