Center for Constitutional Transitions & International IDEA

Constitutional Courts after the Arab Spring: Appointment mechanisms and relative judicial independence

The Constitutional Transitions Clinic ‘back office’ is preparing a series of thematic, comparative research reports on issues in constitutional design that have arisen in the Middle East and North Africa. These reports are jointly published by Constitutional Transitions and International IDEA in English and Arabic, and will be used as engagement tools in support of constitution-building activities in the region.

This report, Constitutional Courts after the Arab Spring: Appointment mechanisms and relative judicial independence, discusses and analyses four models for constitutional court appointments. A constitutional court may play an important role in consolidating democracy after a constitutional transition, and it is important for this reason that constitutional courts are independent, yet accountable institutions. This report investigates how constitutional court appointment procedures can promote both judicial independence and judicial accountability to a democratically elected government, analyzing four models of appointments as they are applied in six countries (Germany, South Africa, Egypt, Iraq, Italy and Turkey).  The report also compares the qualifications required for appointment to the constitutional court, and the rules for removing constitutional court judges, in these six countries.  It concludes with a set of recommendations for constitution drafters and policy makers in the MENA region.

The other reports in the series are:

Read the Report:

Download the full report (English)(Arabic)

Order a Printed Copy (through International IDEA)

About the Partner Organizations

Constitutional Transitions generates and mobilizes knowledge in support of constitution building. Constitutional Transitions generates knowledge by identifying issues of critical importance to the success of constitutional transitions, where a lack of adequate, up-to-date research impedes the effectiveness of technical assistance for constitution building, and assembles and leads international networks of experts to complete thematic research projects that offer evidence-based policy options to practitioners. Constitutional Transitions mobilizes knowledge through an innovative clinical program that provides “back office” research support to constitutional advisors in the field, and deploys faculty experts and field researchers for support on the ground. We meet existing field missions’ needs for comprehensive research, dramatically enhancing their effectiveness and efficiency in their role as policy advisors and actors.

www.constitutionaltransitions.org

International IDEA is an intergovernmental organization with 28 member states that supports sustainable democracy worldwide. International IDEA’s mission is to support sustainable democratic change by providing comparative knowledge, and assisting in democratic reform, and influencing policies and politics.

International IDEA produces comparative knowledge in its key areas of expertise: electoral processes, constitution building, political participation and representation, and democracy and development, as well as on democracy as it relates to gender, diversity, and conflict and security. IDEA’s work is non-prescriptive and IDEA takes an impartial and collaborative approach to democracy cooperation; emphasizing diversity in democracy, equal political participation, representation of women and men in politics and decision making, and helping to enhance the political will required for change. International IDEA is a Permanent Observer to the United Nations.

www.idea.int