Transitional Constitutionalism and the Case of the Arab Spring
International and Comparative Law Quarterly (2015), Forthcoming
Posted: 14 Feb 2015
Date Written: February 13, 2015
Abstract
This paper seeks to explore the relationship between the framework of transition and the enactment of a new constitution for Egypt. It does so by using the relatively under explored concept of transitional constitutionalism, interrogating some of the key claims on which transitional constitutionalism is based, and questioning their application in the Egyptian context. By doing this the paper explores the broader paradox of the imposition of a framework of transition that is rooted in principles of liberalism in the context where liberalism is far from the agreed or prevailing political model.
Keywords: constitutional reform, transition, international law, Egypt, transitional constitutionalism
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