Arab Spring – State of Emergency and Constitutional Reform

This paper is an earlier draft that is selected to appear as: Andrej Zwitter, "Arab Spring – State of Emergency and Constitutional Reform" in Air and Space Power Journal, 2014 (Forthcoming).

University of Groningen Faculty of Law Research Paper 2013

19 Pages Posted: 19 Dec 2013

See all articles by Andrej Zwitter

Andrej Zwitter

University of Groningen - Faculty of Law; Political Sciences

Date Written: December 18, 2013

Abstract

This article presents the current constitutional developments around the Arab Spring. It analyses the prospects of democratic control and the rule of law from the view of constitutional arrangements concerning states of emergency. As such each section briefly outlines the political and legal background of the country and takes a look at the legal norms concerning the state of emergency. Countries covered for the purpose of this article are those, which due to the Arab Spring are engaged in large-scale constitutional reform processes: Egypt, Tunisia and Libya. Before these case studies, the essay will outline key elements of checks and balances that derive from the principles of democracy and the rule of law for emergency regulations.

Keywords: state of emergency, emergency powers, arab spring, constitutional reform

JEL Classification: K00

Suggested Citation

Zwitter, Andrej, Arab Spring – State of Emergency and Constitutional Reform (December 18, 2013). This paper is an earlier draft that is selected to appear as: Andrej Zwitter, "Arab Spring – State of Emergency and Constitutional Reform" in Air and Space Power Journal, 2014 (Forthcoming).; University of Groningen Faculty of Law Research Paper 2013. Available at SSRN: https://ssrn.com/abstract=2369374 or http://dx.doi.org/10.2139/ssrn.2369374

Andrej Zwitter (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Political Sciences ( email )

9700 AS Groningen
Netherlands

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