Countries emerging from authoritarianism frequently face constitutional challenges, among them sequencing constitutional reform with a transition to democracy, designing a constitutional review process that is seen as legitimate, and addressing substantive constitutional concerns.

Peace Brief: Constitutional Reform in Transitional States: Challenges and Opportunities Facing Egypt and Tunisia

Summary

  • Countries emerging from authoritarianism frequently face constitutional challenges, among them sequencing constitutional reform with a transition to democracy, designing a constitutional review process that is seen as legitimate, and addressing substantive constitutional concerns.
  • Sequencing constitutional reform and elections begs the questions who should lead the constitutional reform and when should it be conducted. Constitutional reform prior to elections can leave stewardship over the constitution-making process to unelected and perhaps not wholly trusted transitional governments. Elections prior to constitutional reform may be tantamount to simply handing the machinery of authoritarianism to a new set of actors. Egypt and Tunisia offer different paths to transition and each face criticism. In the end, a less “democratic” solution might be the best one.
  • Whatever the chosen process for constitutional reform, legitimacy must remain the sine non qua of a successful constitution-making moment. Adherence to guiding principles of inclusivity, participation, transparency, consensus and national ownership can legitimize the constitution-making process and the final document itself.
  • Just as the history, society, culture, and preferences of every country is unique, so too is every constitution. Certain common issues, however, are likely to be front and center for countries transitioning from authoritarian rule to democracy. This Peace Brief offers a brief examination of many of these commonly recurring issues.

About this Brief

This Peace Brief, written in April 2011, examines some of the challenges to constitutional reform in transitional states and offers mechanisms for increasing the legitimacy and democratizing effect of constitutional reform. The views expressed in it do not necessarily reflect the views of the United States Institute of Peace, which does not advocate specific policy positions. Excerpts of this brief are also published in “Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles.”

Related Publications

Is China Eyeing a Second Military Base in Africa?

Is China Eyeing a Second Military Base in Africa?

Tuesday, January 30, 2024

By: Alex Vines;  Henry Tugendhat;  Armida van Rij

For over three decades, every Chinese foreign minister’s first overseas trip of the year has been to Africa. This year continued the tradition with China’s foreign minister, Wang Yi, visiting Egypt, Tunisia, Togo and Côte d'Ivoire. Notably, every one of these countries is coastal. And yet, at a time of continued speculation over China’s next military installation in Africa, none of these countries has featured prominently as potential locations in previous analyses. We might, therefore, reasonably ask what China’s current considerations are around basing in Africa. Faced with an increasingly multipolar and assertive Africa at a time of domestic economic challenge, however, China’s long-term strategy remains unclear.

Type: Analysis

Global Policy

Six Dilemmas Facing Egypt

Six Dilemmas Facing Egypt

Thursday, January 18, 2024

By: Ambassador Hesham Youssef

Since Hamas took control of Gaza in 2007, Egypt has been heavily involved in efforts to end the military confrontations and wars that have periodically broken out in Gaza. However, the scope, scale and stakes of the current war is unlike any prior round of hostilities. In response to the massacre and hostage-taking of mostly Israeli civilians by Hamas and other militant armed groups during their devastating attack on Israel on October 7, 2023, Israel has launched one of the most destructive wars in its history. Indeed, this war will be transformational in numerous ways, with ramifications for several stakeholders beyond the parties themselves.

Type: Analysis

Conflict Analysis & PreventionGlobal Policy

How a Gaza Marine Deal Could Benefit Palestinians, Israelis and the Region

How a Gaza Marine Deal Could Benefit Palestinians, Israelis and the Region

Thursday, August 3, 2023

By: Ambassador Hesham Youssef

Amid today’s dismal Israeli-Palestinian context, positive developments have been in short supply. However, Prime Minister Benjamin Netanyahu’s June announcement of preliminary approval for the development of the Gaza Marine gas fields provided a rare glimpse of a potential win-win opportunity. For the Palestinians, it could provide a much-needed boost to their lagging economy and the cash-strapped Palestinian Authority (PA). On the Israeli side, it allows the Netanyahu government to claim it is assisting in improving living conditions in Gaza and could lead to less U.S. pressure on issues like settlement expansion. In the big picture, this is another example of how energy is increasingly becoming a focus for potential win-win agreements in the East Mediterranean.

Type: Analysis

Economics

Takeaways from Blinken’s Trip to the Middle East

Takeaways from Blinken’s Trip to the Middle East

Friday, February 3, 2023

By: Robert Barron;  Caroline Dibble;  Lucy Kurtzer-Ellenbogen;  Garrett Nada;  Ambassador Hesham Youssef

The Middle East has not been a high priority for the Biden administration thus far, with issues such as Russia’s war in Ukraine and escalating tensions with China taking precedence. However, recent developments in the region are catching the administration’s attention, and Secretary of State Antony Blinken’s visit to Egypt, Israel and the West Bank earlier this week sought to reaffirm U.S. engagement in the Middle East amid political turnover in Israel, spiraling violence in the Israeli-Palestinian arena, stepped-up Iran-Israel tensions and a deepening economic crisis in Egypt.

Type: Analysis

Peace Processes

View All Publications