Constitutional Review after the Arab Spring: Reforms, Challenges and Perspectives

Abstract

One of the most significant trends following the Arab Spring has been the emergence and strengthening of constitutional review bodies. Jordan and Palestine established a constitutional court for the first time in their history, respectively in 2012 and 2016; the latest draft constitution of Libya provides for a constitutional court; Morocco, Tunisia, Algeria and Kuwait have reinforced the position and powers of their respective constitutional review bodies; in Egypt the Supreme Constitutional Court continues to be one of the most powerful and influential institutions in the country. The aim of this chapter is to discuss whether these new constitutional review bodies have acquired the potential to subject the executive branch to adequate checks and thus contribute to the processes of democratization more effectively compared to the past. In order to do so, I shall first briefly identify the reasons why constitutional courts and councils before the Arab Spring rarely acted as “counter-majoritarian” bodies. I shall then discuss the major novelties introduced by the recent constitutional reforms in the field of constitutional review. Finally, I shall examine some of the main challenges that constitutional courts and councils will have to face in order to fulfill their role of guardians of the constitution.