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Ed Webb

How democratic institutions are making dictatorships more durable - The Washington Post - 0 views

  • authoritarian regimes use pseudo-democratic institutions to enhance the durability of their regimes. The figure below shows the increasing durability of authoritarian regimes, particularly in the post-Cold War period. From 1946 to 1989, the average authoritarian regime lasted 12 years. Since the end of the Cold War, this number has increased to 20 years. Today, the typical autocracy has been in power for 25 years. From China (where the current regime has been in power for 66 years) to Jordan (69 years), and Belarus (21 years) to Zimbabwe (35 years), today’s authoritarian regimes are remarkably durable.
  • rising authoritarian durability has tracked closely with the spread of democratic institutions (elections, legislatures, and parties), suggesting authoritarian leaders have learned to leverage these institutions to enhance their staying power
  • Dictatorships with multiple political parties and a legislature now last 14 years longer than those without
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  • Regularly holding elections further extends their tenures to 22 years.
  • democratic institutions are not just features of regimes that sit closest to democracy on the democracy-autocracy spectrum. Democratic institutions are now almost universal, and the ways in which authoritarian incumbents use them are contributing to the increased durability of contemporary dictatorships
  • leaders understand that institutional manipulation offers greater advantages and fewer liabilities than reliance on traditional tactics like overt repression, which forces compliance with the regime through brute force, but risks creating popular discontent that can lead to destabilizing civil unrest. Incorporating seemingly democratic institutions mitigates some of these risks by providing a leader with alternative methods of control that promote citizen participation, but on the authoritarian regime’s terms
Sherry Lowrance

The royal road to democracy - By Ahmed Charai | The Middle East Channel - 0 views

  • The king's constitutional reforms will transfer most authority to an elected prime minister, who will have the power to appoint and dismiss ministers and state officials. The new Moroccan parliament, in effect, will have the same powers as representative assemblies of developed democracies -- complete with a bicameral legislature akin to U.S. Congress.
  • the constitutional reforms include the guarantee of an independent judiciary and a new commitment to combat corruption.
  • The February 20 protest movement has thus acted as an accelerator, not a catalyst. Unlike in other Arab countries, most protesters did not call for the fall of the monarchy, but simply demanded the end of absolutism and corruption.
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  • For the most part, police did not intervene to break up these protests. It was only when radical Islamists sought to hijack the demonstrations that the security services intervened
  • In endorsing many of the demands of the majority of protesters as expressed in the February 20 movement, the monarchy has gained the momentum in the ongoing debate about democratization
  • the king's guarantees of constitutional reform show that Morocco is indeed a special case.
  • Did you even read the constitution? There is no separation of powers, the council of ministers (headed by the king) takes ALL STRATEGIC decisions, and the Council of government (headed by PM) has to work within those decisions. So executive power is still in the king's hands.
    • Sherry Lowrance
       
      Commenters are skeptical of the article writer's glowing analysis of the king's proposals.
  • The King Still Has Full Control of the Military... ...thus, none of these changes to the constitution will matter whatsoever. The military is THE source of power for any ruler
  • the article does not mention the stalemate in Western Sahara, which is probably one of the most important Human Rights issues in the region
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    A relatively positive analysis reforms proposed by Moroccan king Mohammed VI. 
Ed Webb

Why do some Iraqi MPs refuse to be sworn in? - 0 views

  • showing the limits of Iraq's laws. There is no deadline for the president to choose his deputies or a mechanism to dismiss or hold accountable members of parliament who refuse to attend legislative sessions
  • the delay of President Barham Salih in choosing his deputies is “a clear violation of the constitution.” This matter also shed light on the issue of members of parliament who have yet to be sworn in.
  • others who were elected to parliament, including Maliki, former Prime Minister Haider al-Abadi, former Interior Minister Qasim al-Araji, Basra Gov. Basra Assad al-Aydani and acting Kirkuk Gov. Rakan al-Jabouri, continue to refuse to take the oath of office and take up their legislative functions in the legislature. It appears that most if not all of them are seeking through this maneuver to keep their political options open for as long as they can
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  • The Iraqi Constitution and the parliament's protocol have no deadline for the swearing-in of people elected to parliament
  • Khadr said the issue involving the vice presidents has dragged on for a long time because of fears of raising new problems among the political parties, and the difficulty of agreeing on who will take up the vice presidential and deputy prime minister posts and how many such posts there will be.
  • the constitution stipulates in Article 69 that the “law shall regulate the provision of selecting one or more vice president.” Fuad Masum, who served as president from 2014-18, had three vice presidents: Maliki, Ayad Allawi and Osama al-Nujaifi. These are plum posts that some parliamentarians, such as Maliki, want to fill.
  • If a parliament member does take an executive post, there is no law calling for that person's parliamentary seat to be filled by holding a by-election. Instead, a person on the same party or coalition list as the member of parliament who takes an executive post is chosen to fill the vacant parliamentary seat, even if that candidate won fewer votes than a losing candidate from another list in the same constituency.
  • t seems unlikely that the current parliament will amend the laws that have brought about this situation. The political blocs that dominate the political scene do not want to lose the benefits provided by the legislation in force.
Ed Webb

Mistrust of elites fuels rise of Tunisia's presidential hopefuls | Tunisia | Al Jazeera - 0 views

  • marginalised neighbourhoods like Cite Ettadhamen have become a key political battleground ahead of the country's presidential runoff on Sunday. In the hope of securing the votes of Tunisia's poor, candidates Kais Saied, 61 and Nabil Karoui, 56, have offered a vision of employment, education, healthcare and improved infrastructure
  • Amid a field of 26 candidates featuring a number of political heavyweights, the two self-styled political outsiders surprised the country by finishing in first and second place in last month's first round
  • Saied, a law professor who has kept a low profile throughout the campaign and whose supporters see as embodying anti-elitism, ran without the backing of a party and won 18.4 percent nationally
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  • Media tycoon Karoui, a populist figure who until Wednesday sat in jail on suspicion of money laundering and tax evasion, took 15.6 percent of the vote. He denies all the charges and says they are politically motivated
  • In Ettadhamen, Saied's humble persona and rejection of the political status quo propelled him to the top, with 21.7 percent of the first-round vote. Karoui, who founded a charity to alleviate poverty and whose Nessma TV channel has promoted his philanthropic activities, trailed in second place on 19.4 percent. Despite his personal wealth, his supporters see him as a liberal champion of Tunisia's poor
  • In a country that ranks as the 73rd most corrupt out of 180 states, according to the Economic Research Forum, mistrust of the political elite has become widespread.
  • 40 percent of Tunisia's unemployed have university degrees
  • it is still possible that Karoui will contest the results if he loses on Sunday - ushering in another period of political uncertainty. "Not only will the parliament be fractured and the government unstable, but the entire electoral mandate could be questioned as well,"
  • While Parliament drafts and votes on legislation, the president's mandate is limited to foreign affairs, defence and national security. But the language of the 2014 constitution remains relatively vague when it comes to setting out the jurisdiction of the president versus the head of government, the prime minister
  • "Given that there is no constitutional court to adjudicate between them, ultimately the distribution in power will be based on the personality of who occupies each position and how far they are willing to go to challenge one another,"
  • growing nostalgia for a strong, presidential system - a desire that is only likely to grow as the fractured parliament struggles to form a government - it is possible that the presidency will emerge as the stronger of the two executives
Ed Webb

Kais Saied faces a fractured political landscape in Tunisia after win - 0 views

  • The Oct. 13 landslide victory for outsider presidential candidate Kais Saied was historic by any measure. After an unpredictable contest in which voters appeared determined to purge traditional parties and public figures that have dominated the post-Arab Spring landscape, Tunisian politics has entered a new era –– though exactly what comes next is anyone’s guess.
  • Riding a wave of revolt that was driven by an unorthodox coalition of students, anti-corruption voters and conservatives, Saied rose from relative obscurity little more than a year ago to best an original field of 27 candidates and seize the highest political office in the land.
  • everybody has their own interpretation of the 61-year-old professor’s message.  “Some accuse me of being a Salafist, others of being a radical leftist,” the candidate said critically during the Oct. 11 presidential debate. “But I have always been an independent and will die an independent.”
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  • While some in the crowd expressed uneasiness about Saied’s professed social conservatism, others remained confident that the enigmatic figure could transcend the divide between secularism and Islamism that has defined much of the past decade in Tunisian politics
  • Over two rounds of presidential voting, Tunisia’s post-Arab Spring order was turned upside down as household-name politicians from across the spectrum were toppled. Instead, the electorate turned decisively toward a distinctly Tunisian brand of populism, one focused on combating corruption and alleviating poverty in a nation still reeling from nearly a decade of post-revolution stagnation.
  • Saied campaigned on a maverick platform of anti-corruption measures and radical constitutional changes that would place localized, direct democracy at the center of policymaking.
  • “[Saied] offered ideas and hopes, even though hard to realize, while Karoui offered food and money,” Youssef Cherif, head of the Columbia Global Affairs Center in Tunis, told Al-Monitor.
  • voters between the ages of 18 and 25 proved decisive
  • Despite lofty rhetoric, with promises to return power to the people and remake Tunisian political structures, major questions remain unanswered about a future Saied presidency, his agenda and what type of political bloc could emerge to work with him in what promises to be a badly fractured legislature.
  • In a survey conducted by Tunisian publication Le Manager, Saied had failed to take a clear position on 24 out of 25 current political topics they studied, more than any other candidate. 
  • While Saied’s social conservatism might hint at a possible alliance on some issues with an Ennahda-aligned bloc, analyst Cherif said that many parts of his agenda, particularly those targeting corruption, could put members of the party in its crosshairs.
  • “The fact that he doesn't have a structured political party will complicate things for him, and he might end up isolated in the Presidential Palace of Carthage,”
Ed Webb

Constitutional or Unconstitutional: Is That the Question? - Arab Reform Initiative - 0 views

  • This piece aims to contribute to the ongoing debate on the constitutionality of the measures taken by the President of the Republic Kais Saied, by examining both the text of the Constitution and the context. This piece argues for a contextual interpretation approach in order to adjust to the dynamic nature of societies.
  • Article 80 is conditioned on the existence of an “imminent danger threatening the nation’s institutions or the security or independence of the country and hampering the normal functioning of the state.” It is worth noting that, during the Constitutive Assembly’s (NCA) voting on the above-mentioned article, concerns over the broad wording of the article were voiced, due to the absence of definition of what constitutes an ‘imminent danger’ and ‘exceptional circumstances’, those concerns were dismissed by the Rapporteur-General to the NCA, who maintained that the formulation of the article was “clear”.
  • the intent and real desire did not seem to be there from the beginning to endow the country with a constitutional court formed of competences and working to guarantee the supremacy of the Constitution. Its formation was hindered by the failure of the Assembly to elect its 4 appointees,11The President of the Republic, the Assembly of the Representatives of the People, and the Supreme Judicial Council shall each appoint four members. motivated by disagreements between parliamentary blocs. In April 2021, to unblock the situation, an amendment was proposed to the Article 10 of the Constitutional Court’s Law to cancel the order of the parties that have the authority to appoint members of the Court12The Article lists “successively the Assembly of the Representatives of the People, the Supreme Council of the Judiciary, and the President of the Republic.” . The bill was rejected by the President Kais Saed and sent back to the parliament for a second reading.13Parliament has preserved the same amendments that were proposed, allowing the Supreme Judicial Council and the Presidency of the Republic to choose 8 members of the Constitutional Court without waiting for Parliament to complete the election of 3 out of 4 members of its appointees.  His decision was motivated by the fact that the passing of the law exceeded the constitutional deadlines provided for in Paragraph 05 of Article 148 of the 2014 constitution
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  • In the midst of the current crisis, the long-delayed Constitutional Court is the missing key that could have averted the political crisis culminating in the turmoil Tunisia is currently going through.
  • Paragraph 2 of the Article 80 of the Constitution provides that “The Assembly of the Representatives of the People shall be deemed to be in a state of continuous session throughout such a period. In this situation, the President of the Republic cannot dissolve the Assembly of the Representatives of the People.” Legal experts, notably the Tunisian Association of Constitutional Law,[17] disagreed with this decision to freeze the Assembly of the Representatives of the People, explaining that the article meant that the Assembly takes part of the actual management of the state of exceptionality, and is not excluded from it.
  • other legal experts and jurists17Including Pr. Amine Mahfoudh, Me. Hedi Kerrou. have agreed with Saied’s interpretation, considering that he acted within his prerogatives under a state of exception since he simply “froze” the Parliament’s activity, rather than dissolving it
  • a study has shown that only 19% of respondents19On methodology: “these findings are based on nationally representative public opinion surveys that included approximately 1,800 respondents. Respondents were chosen randomly, meaning the results can be generalized to the broader population. The surveys were weighted to account for any random variations that may exist by gender, age, level of education, or geographic area. The margin of error for each country is less than ±3 percent.” have confidence in the legislature.  Popular demands for its dissolution have been mounting over the last few months as  violence broke out more regularly in the parliament, “despite the fact that the country’s parliament was freely elected, the institution inspires very little trust among the public. The failure of parliament to address the country’s economic challenges, combined with relatively weak attachment to political parties are major factors driving this low level of confidence.”
  • In this context, Saied and his supporters argue that the Assembly has become part of the problem.
  • Article 80 Paragraph 2 only addresses the case of removal of the Head of Government by the Assembly: “A motion of censure against the government cannot be presented”. There are no similar prerogatives granted to the President of the Republic during this state nor during normal times. Hence, to justify such a dismissal, it would have to be considered “measures necessitated by the exceptional circumstances.”
  • What happened would better fit what doctrine has termed to be a ‘constitutional dictatorship,’ legitimized by exceptional circumstances and limited in time. A ‘Constitutional Dictatorship’ is when “individuals or institutions have the right to make binding rules, directives, and decisions and apply them to concrete circumstances, unhindered by timely legal checks to their authority. Clothed with all of the authority of the state […] subject to various procedural and substantive limitations.”
  • Some of those who defend Saied’s actions have cited De Gaulle’s famous citation that " there is first France, then the State, and finally, as far as the major interests of both are safeguarded, the Law,"27Cited in Mohamed Kerrou. « Kais Saied ou la revanche légitime de l’État et de la société ». Leaders. 28/07/2021. to argue that in terms of its importance, the Constitution is superceded by national interests.
  • Tunisia has entered a period with almost no checks and balances, under ‘a constitutional dictatorship.’ In this context, a lot will depend on the person of Kais Saed and his commitment to “ethical standards or principles that are part of a political credo,” that are considered supra-constitutional principles
  • Close oversight of the situation by free media and strong watchdog organisations are the only guarantees against potential abuses
  • referrals of civilians (MPs) before the Military Court of First Instance in Tunis are causing great concern, especially with the dismissal of State Attorney General, Director of Military Justice and the Minister of National Defense without appointing replacements. These decisions are inconsistent with constitutional principles and international conventions
  • the presidential order ‘suspending the work of the Assembly and lifting of parliamentary immunity for deputies for the duration of the suspension’ was issued on the night of 30 July 2021, in the Official Gazette, stipulated for “the possibility of extending the mentioned period (ie the month) by virtue of a presidential decree,” without specifying the number of extensions, opening the door to unlimited extensions. National Organisations30The National Syndicate of Tunisian Journalists, Tunisian League for the Defense of Human Rights, The Tunisian General Labor Union, The National Bar Association of Tunisia, Tunisian Association of Democratic Women, Tunisian Judges Association, Tunisian Forum for Economic and Social Rights. have warned against “any illegal and unjustified extension of the disruption of state institutions, stressing the need to adhere to the declared month period stipulated in the constitution.”
  • A real impasse is looming on the horizon, however, if, thirty days after the entry into force of these measures, the “Speaker of the Assembly of the Representatives of the People or thirty of the members thereof (want) to apply to the Constitutional Court with a view to verifying whether or not the circumstances remain exceptional.”  Presidential Decree N°80 has stipulated that the extension is made possible by virtue of a presidential order, in clear contradiction of Article 80 of the Constitution, conferring the right to decide on the extension to the Constitutional Court.
Ed Webb

Tunisia has a new government. How will challenges be addressed? - Atlantic Council - 0 views

  • reforms, however, can’t be implemented without popular support, which depends on cushioning potential negative effects on poverty, marginalization, and political trust. Confidence in the political system and its players, therefore, needs to be urgently restored
  • ordinary Tunisians have chafed under a freely elected but feckless ruling elite that failed to use democracy to improve their lives. Unfortunately, “outsider” President Kais Saied’s response to this crisis has been to shut down parliament, grant himself unchecked powers, and demonize his critics. After trampling on the 2014 constitution, Saied wants to impose his own system, likely with a supercharged presidency, subservient legislature, and curtailed pluralism
  • Many Tunisians have soured on politics, parties are discredited, civil society is fragmented, and the abusive Interior Ministry is unreformed. As Saied has brought back one-man rule and otherwise severely eroded democratic norms, the international community has largely been silent. All this could open the door for a more experienced and ruthless autocrat to replace Saied and successfully resurrect the police state
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  • so far, Saied’s approach to addressing corruption has largely been to accuse his political opponents of corruption and to arrest those who disagree with him
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