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Middle East Law and Governance最新文献

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The Party for Justice and Development’s “Specialization” in Politics: Metamorphosis and Contradictions 正义与发展党的政治“专业化”：蜕变与矛盾
IF 1
Middle East Law and Governance Pub Date : 2022-04-08 DOI: 10.1163/18763375-20221276
Anca-Ioana Munteanu, Haoues Seniguer
{"title":"The Party for Justice and Development’s “Specialization” in Politics: Metamorphosis and Contradictions","authors":"Anca-Ioana Munteanu, Haoues Seniguer","doi":"10.1163/18763375-20221276","DOIUrl":"https://doi.org/10.1163/18763375-20221276","url":null,"abstract":"\u0000Based on empirical research, this article analyzes “the specialization” of the Moroccan Party for Justice and Development and the internal tensions between its political and religious vocations. The latter is one of the Islamist parties with the longest political experience in the Maghreb area which started its “professionalization” in politics at an early stage, at least since 1997–1998. However, little is known in the literature if this pragmatic decision led to the reformation of the movement’s classical ideology. In fact, the “inclusion-moderation hypothesis” showed that the institutionalization of the Islamists parties does not necessarily entail their ideological moderation. By analyzing the contradictions of the structural reform between the party and the Movement for Unity and Reform this article argues that some practices could question the “specialization” thesis. It highlights that despite the “specialization,” the pjd did not reform its core beliefs which are preserved for both religious and political reasons.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46231635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Introduction to covid-19 melg Special Issue 新冠肺炎梅尔格特刊简介
IF 1
Middle East Law and Governance Pub Date : 2022-03-30 DOI: 10.1163/18763375-14010007
B. F. Salloukh
{"title":"Introduction to covid-19 melg Special Issue","authors":"B. F. Salloukh","doi":"10.1163/18763375-14010007","DOIUrl":"https://doi.org/10.1163/18763375-14010007","url":null,"abstract":"","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45900437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Dyadic Analysis of Fragile Middle Eastern States and Humanitarian Implications of Restrictive covid-19 Policies 脆弱的中东国家的Dyadic分析和限制性新冠肺炎政策的人道主义影响
IF 1
Middle East Law and Governance Pub Date : 2022-03-30 DOI: 10.1163/18763375-14010008
Dan J. Habib, Naela Elmore, Seth Gulas, Nathan Ruhde, Daniel Mathew, Nicholas Parente
{"title":"Dyadic Analysis of Fragile Middle Eastern States and Humanitarian Implications of Restrictive covid-19 Policies","authors":"Dan J. Habib, Naela Elmore, Seth Gulas, Nathan Ruhde, Daniel Mathew, Nicholas Parente","doi":"10.1163/18763375-14010008","DOIUrl":"https://doi.org/10.1163/18763375-14010008","url":null,"abstract":"\u0000The covid-19 pandemic has pressured governments to respond with restrictive and health resource-oriented policies to contain the spread of the virus. The aim of this paper is to assess differential policy implementation due to state fragility with a spatial scope of the Middle Eastern region. The policies implemented by the four strongest and six most fragile Middle Eastern countries were extracted from the CoronaNet Government Response Database and grouped into restrictive and resource-oriented categories. Clustering based on these categories informed dyadic analysis. Drawing from the Oxford Government Response Policy Tracker and covid-19 World Symptom Survey, we found that fragile states tended to be characterized by a higher proportion of restrictive policies, lower government stringency, and lower compliance. The results identify sectors that would benefit most from humanitarian aid and raise the issue of whether restrictions are disproportionately implemented due to covert political agendas or lack of political and economic power.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45845738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Governing Migration and Asylum Amid Covid-19 and Legal Precarity in Turkey 在2019冠状病毒病和土耳其法律不稳定的情况下管理移民和庇护
IF 1
Middle East Law and Governance Pub Date : 2022-03-03 DOI: 10.1163/18763375-14010006
D. Ozkul
{"title":"Governing Migration and Asylum Amid Covid-19 and Legal Precarity in Turkey","authors":"D. Ozkul","doi":"10.1163/18763375-14010006","DOIUrl":"https://doi.org/10.1163/18763375-14010006","url":null,"abstract":"\u0000Legal status and associated rights to access state services become even more important at times of crises like the Covid-19 pandemic. By reviewing legal amendments, central government and municipalities’ policies and policymakers’ statements, this article examines the example of Turkey, which is home to around 4 million undocumented migrants, asylum seekers and refugees. The Turkish state-provided Covid-19 treatment in the ‘emergency’ scope of healthcare for all residents irrespective of their legal status. However, structural problems left undocumented migrants and refugees faced with three significant obstacles. These obstacles were the requirement to test positive for Covid-19; the requirement to access primary healthcare to be referred to hospitals and to reside in the city of registration to access that primary healthcare; and the fear of losing employment, being evicted from housing or being deported by the authorities. Additionally, growing political uncertainty and a deteriorating economic situation have contributed to growing anti-migrant movements in the country. Not only have undocumented migrants and refugees had limited access to public health provisions, but they were also at greater risk of being considered to be a threat to public health and public security. The article concludes by showing that legal precarity brings even more vulnerability at times of crisis and by suggesting future areas of research.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43244245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Constitutional Courts in the Arab World and Freedom of Expression: A Defender or Suppressor 阿拉伯世界的宪法法院与言论自由:捍卫者还是压制者
IF 1
Middle East Law and Governance Pub Date : 2022-02-01 DOI: 10.1163/18763375-14010004
Fahad Alzumai
{"title":"Constitutional Courts in the Arab World and Freedom of Expression: A Defender or Suppressor","authors":"Fahad Alzumai","doi":"10.1163/18763375-14010004","DOIUrl":"https://doi.org/10.1163/18763375-14010004","url":null,"abstract":"\u0000This paper examines the role of constitutional courts in the Arab world in relation to freedom of expression. The role of constitutional courts as gatekeepers of constitutional rights in the Arab world has neither been fully assessed nor analyzed. This paper will analyze and review the decisions issued by constitutional courts in the Arab world with an emphasis on constitutional courts in Egypt, Kuwait, Tunisia, and Morocco. Some of these courts have been active in their roles as gatekeepers and have issued relatively progressive decisions in the area of freedom of expression. However, these successes in protecting this constitutional right have been the exception rather than the rule, and hence, this paper will try to examine the reasons behind the failure of these courts in safeguarding this right. The paper will also explore the jurisprudence as to the understanding of the legal boundaries of freedom of expression, as all of the countries in the Arab world follow civil legal systems, and hence, jurisprudence plays a major role in how the courts interpret these rights.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43461143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Constitutional Breakdowns in Revolutionary Outbreaks: A Legal Analysis and Political Reinterpretation of Mubarak’s Fall 革命爆发中的宪法崩溃：穆巴拉克倒台的法律分析与政治解读
IF 1
Middle East Law and Governance Pub Date : 2022-02-01 DOI: 10.1163/18763375-14010005
Alexis Blouët
{"title":"Constitutional Breakdowns in Revolutionary Outbreaks: A Legal Analysis and Political Reinterpretation of Mubarak’s Fall","authors":"Alexis Blouët","doi":"10.1163/18763375-14010005","DOIUrl":"https://doi.org/10.1163/18763375-14010005","url":null,"abstract":"\u0000It is not self-evident to associate revolution with law. The disruption of political order that usually underlies revolutionary outbreaks is thought to affect legal rules so that they are no longer orienting actors. However, if law might be a source of constraints, ontologically it is more surely a discursive register tied to a state’s legitimacy. When the state’s control is at stake, as in a revolutionary situation, one can therefore understand that actors pay attention to the legal significance of their actions. The article will draw on this to analyze the Egyptian army’s arrival to power and Mubarak’s departure during the Revolution of 25 January 2011. By framing their acts as ruptures with constitutional legality (constitutional breakdowns), the article will suggest a richer and more nuanced narrative to the one commonly put forth by the literature. It will point to institutional strategies likely underpinning both actors’ decisions and show that the army’s initial intervention and Mubarak’s resignation might have been less definitive at the time. It will also suggest new ways to think about the relation between law and revolutionary politics. By drawing notably on an understanding of law as a system of meaning from which actors make sense of events and act on them, it will show that legal studies can shed light on revolutionary moments beyond the issue of revolutionary processes’ institutionalization.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43419692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
‘We are in a Battle with the Virus’: Hamas, Hezbollah, and covid-19 “我们正在与病毒作战”:哈马斯、真主党和covid-19
IF 1
Middle East Law and Governance Pub Date : 2021-12-13 DOI: 10.1163/18763375-14010001
A. Alijla
{"title":"‘We are in a Battle with the Virus’: Hamas, Hezbollah, and covid-19","authors":"A. Alijla","doi":"10.1163/18763375-14010001","DOIUrl":"https://doi.org/10.1163/18763375-14010001","url":null,"abstract":"\u0000This article examines the response of two non-state actors, Hezbollah and Hamas, to the coronavirus pandemic in Lebanon and Palestine. It studies the patterns of governance, practicalities, leadership, and legitimacy both parties deployed during the Covid-19 crisis. It argues that non-state actors usually imitate states by trying to acquire legitimacy in such cases. The coronavirus was sectarianised, politicised, and used to gain external and local legitimacy by Hamas and Hezbollah, respectively. The success of non-state actors in managing the coronavirus pandemic was rooted in two factors: the existence of a pre-existing and well-developed welfare system, and the party’s capacity to mobilise its constituencies mainly through charismatic leadership. The paper is based on primary sources, including interviews, news articles, and social media.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42709228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Governing the covid-19 Pandemic in the Middle East and North Africa: Containment Measures as a Public Good 治理中东和北非的新冠肺炎流行病：将遏制措施作为一项公益事业
IF 1
Middle East Law and Governance Pub Date : 2021-12-10 DOI: 10.1163/18763375-13040003
Kevin Koehler, J. Schulhofer-Wohl
{"title":"Governing the covid-19 Pandemic in the Middle East and North Africa: Containment Measures as a Public Good","authors":"Kevin Koehler, J. Schulhofer-Wohl","doi":"10.1163/18763375-13040003","DOIUrl":"https://doi.org/10.1163/18763375-13040003","url":null,"abstract":"\u0000What determined how governments in the Middle East and North Africa reacted to the global covid-19 pandemic? We develop a theoretical argument based on the political costs of different policy options and assess its empirical relevance. Distinguishing between the immediate costs associated with decisive action and the potential costs of uncontrolled spread that are likely to accrue over the long term, we argue that leaders who have fewer incentives to provide public goods to stay in power will lock down later than their more constrained counterparts. We find empirical support for this argument in statistical analyses covering the 1 January – 30 November 2020 period using the Oxford covid-19 Government Response Tracker (OxCGRT) and our own original data on the timing of mosque closures and strict lockdowns across the region. We also illustrate our argument with a description of the response to the pandemic in Egypt.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41972820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
“Instrumentalize” the Assistance. The Changing Legitimacy of ingo s in Democratizing Tunisia 将援助“工具化”。突尼斯民主化进程中英政府合法性的变化
IF 1
Middle East Law and Governance Pub Date : 2021-12-06 DOI: 10.1163/18763375-14010002
Pietro Marzo, Kerry-Ann Cornwall
{"title":"“Instrumentalize” the Assistance. The Changing Legitimacy of ingo s in Democratizing Tunisia","authors":"Pietro Marzo, Kerry-Ann Cornwall","doi":"10.1163/18763375-14010002","DOIUrl":"https://doi.org/10.1163/18763375-14010002","url":null,"abstract":"\u0000This study provides two theoretical insights that contribute to the debate on the legitimacy of ingo s that promote democracy to intervene in the third countries’ political affairs. First, it argues that the level of legitimacy that political parties endow to ingo s depends on the “instrumental role” that ingo s play in bolstering the achievements of national partners’ goals and is not based on the values and norms that the ingo s promote. Second, it suggests that the degree of legitimacy that political parties grant to ingo s has to be understood as temporarily limited and context dependent. Using the case of ingo s involved in democracy promotion during the Tunisian democratization, this article argues that Tunisian political elites welcomed ingo s assistance during the initial phase of the democracy transition (2011–2014) because their assistance was helpful to enhance the establishment of democracy system and its procedures. The article suggests that since 2015, political parties are showing less enthusiasm about ingo s’ pressure and interference in national affairs because the action of ingo s is no longer useful to their political agenda.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47961942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Testing Saudi State Capacity: A Study to Investigate How the Government Responded to the covid-19 Pandemic 测试沙特国家能力:调查政府如何应对covid-19大流行的研究
IF 1
Middle East Law and Governance Pub Date : 2021-12-06 DOI: 10.1163/18763375-14010003
Mamdouh Shouman, Abdulaziz S. Alkabaa
{"title":"Testing Saudi State Capacity: A Study to Investigate How the Government Responded to the covid-19 Pandemic","authors":"Mamdouh Shouman, Abdulaziz S. Alkabaa","doi":"10.1163/18763375-14010003","DOIUrl":"https://doi.org/10.1163/18763375-14010003","url":null,"abstract":"\u0000This study aimed at testing Saudi state capacity in its response to the covid-19 pandemic. The model investigated the significant impact of different curfew levels (a measure of state capacity) on covid-19 cases across five main cities. We used a Negative Binomial regression model to study the association between the covid-19 cases and other independent variables that include curfew levels. Our regression results have tested Saudi state capacity in four different curfew levels, revealing that the Saudi government exhibited its ability to implement one curfew level that decreased covid-19 cases. This curfew level (four) was the most effective policy implementation of all levels that assessed state capacity but required more resources and manpower. Hence, the Saudi state has the capacity to implement its desired policies, however, it needs an increased number of resources and manpower to do that. These findings render comparative implications to gcc monarchies and other Arab countries.","PeriodicalId":43500,"journal":{"name":"Middle East Law and Governance","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47353419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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