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Author: Francesco Biagi

Abstract

This chapter examines the separation of powers and forms of government in North Africa and the Middle East following the ‘Arab Spring’ and shows that most Arab constitutions still guarantee (albeit to a lesser extent than in the past) an extremely high concentration of power in the hands of the Head of State, thus favouring the continuation in office of illiberal regimes. This weak separation of powers is due to different reasons, including the constitutional tradition, the top-down constitution-making processes and the external influences. The only notable exception (at least for the moment) is Tunisia, which is already at an advanced stage in the process of democratization.

In: Comparative Constitutional History
In: Comparative Constitutional History
In: Comparative Constitutional History
In: Comparative Constitutional History
In: Comparative Constitutional History
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts.

Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.