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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 Q2 LAW Pub Date : 2022-04-08 DOI: 10.1163/18763375-20221276
Anca-Ioana Munteanu, Haoues Seniguer
Based 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.
基于实证研究,本文分析了摩洛哥正义与发展党的“专业化”及其政治与宗教职业之间的内部紧张关系。后者是马格里布地区政治经验最长的伊斯兰政党之一,至少自1997-1998年以来,马格里布在早期就开始了政治“职业化”。然而,文献中很少知道这一务实的决定是否导致了该运动经典意识形态的改革。事实上,“包容-温和假说”表明,伊斯兰主义政党的制度化并不一定意味着他们的意识形态温和。本文通过分析党和统一改革运动在结构改革方面的矛盾,认为一些实践可能会对“专业化”理论提出质疑。它强调,尽管“专业化”,但pjd并没有改革其核心信仰,这些信仰因宗教和政治原因而保留下来。
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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 Q2 LAW Pub Date : 2022-03-30 DOI: 10.1163/18763375-14010007
B. F. Salloukh
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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 Q2 LAW Pub Date : 2022-03-30 DOI: 10.1163/18763375-14010008
Dan J. Habib, Naela Elmore, Seth Gulas, Nathan Ruhde, Daniel Mathew, Nicholas Parente
The 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.
covid-19大流行迫使各国政府采取限制性和以卫生资源为导向的政策,以遏制病毒的传播。本文的目的是在一个空间范围内评估中东地区由于国家脆弱性而导致的政策实施差异。从CoronaNet政府响应数据库中提取了四个最强和六个最脆弱的中东国家实施的政策,并将其分为限制性和资源型两类。基于这些类别的聚类为二元分析提供了信息。根据《牛津政府应对政策追踪》和《2019冠状病毒病世界症状调查》,我们发现,脆弱国家往往具有限制性政策比例较高、政府严格程度较低和合规程度较低的特点。调查结果确定了从人道主义援助中受益最大的部门,并提出了一个问题,即由于隐蔽的政治议程或缺乏政治和经济权力,限制措施的实施是否不成比例。
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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 Q2 LAW Pub Date : 2022-03-03 DOI: 10.1163/18763375-14010006
D. Ozkul
Legal 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.
在Covid-19大流行等危机时期,获得国家服务的法律地位和相关权利变得更加重要。通过审查法律修正案、中央政府和市政当局的政策以及政策制定者的声明,本文以土耳其为例进行了研究,土耳其是大约400万无证移民、寻求庇护者和难民的家园。土耳其国家为所有居民提供Covid-19“紧急”医疗保健治疗,无论其法律地位如何。然而,结构性问题使无证移民和难民面临三个重大障碍。这些障碍是Covid-19检测呈阳性的要求;必须获得初级保健,才能转诊到医院,必须居住在登记城市才能获得初级保健;以及对失去工作、被赶出住房或被当局驱逐出境的恐惧。此外,日益增长的政治不确定性和日益恶化的经济状况也助长了该国日益增长的反移徙运动。无证移民和难民不仅获得公共卫生服务的机会有限,而且他们被视为对公共卫生和公共安全构成威胁的风险也更大。文章的结论表明,法律的不稳定性在危机时期会带来更多的脆弱性,并提出了未来的研究领域。
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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 Q2 LAW Pub Date : 2022-02-01 DOI: 10.1163/18763375-14010004
Fahad Alzumai
This 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.
本文探讨了阿拉伯世界宪法法院在言论自由方面的作用。在阿拉伯世界,宪法法院作为宪法权利看门人的角色既没有得到充分的评估,也没有得到充分的分析。本文将分析和回顾阿拉伯世界宪法法院的判决,重点是埃及、科威特、突尼斯和摩洛哥的宪法法院。其中一些法院一直积极发挥守门人的作用,并在言论自由领域作出了相对进步的裁决。然而,这些在保护这一宪法权利方面的成功是例外,而不是规则,因此,本文将试图研究这些法院在保护这一权利方面失败的原因。本文还将探讨关于理解言论自由法律界限的法理学,因为阿拉伯世界的所有国家都遵循民事法律制度,因此,法理学在法院如何解释这些权利方面发挥着重要作用。
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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 Q2 LAW Pub Date : 2022-02-01 DOI: 10.1163/18763375-14010005
Alexis Blouët
It 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.
把革命和法律联系在一起是不证自明的。政治秩序的破坏通常是革命爆发的基础,人们认为这影响了法律规则,使它们不再是行为者的导向。然而,如果法律可能是约束的来源,那么在本体论上,它更肯定是一个与国家合法性联系在一起的话语登记册。当国家的控制受到威胁时,就像在革命的情况下,人们可以理解行为者关注他们行为的法律意义。本文将以此分析埃及军队在2011年1月25日革命期间掌权和穆巴拉克下台。通过将他们的行为定义为与宪法合法性的破裂(宪法崩溃),本文将提出一种更丰富、更细致入微的叙述,而不是文献中通常提出的叙述。它将指出可能支持双方决定的制度战略,并表明军队最初的干预和穆巴拉克的辞职在当时可能没有那么明确。它也将为思考法律与革命政治之间的关系提供新的途径。通过将法律理解为一种意义系统,参与者从中理解事件并采取行动,它将表明,法律研究可以在革命过程制度化问题之外揭示革命时刻。
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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 Q2 LAW Pub Date : 2021-12-13 DOI: 10.1163/18763375-14010001
A. Alijla
This 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.
本文考察了真主党和哈马斯这两个非国家行为体对黎巴嫩和巴勒斯坦冠状病毒大流行的反应。它研究了双方在新冠肺炎危机期间部署的治理模式、实用性、领导力和合法性。它认为,在这种情况下,非国家行为体通常通过试图获得合法性来模仿国家。新冠病毒被宗派主义化、政治化,并分别被哈马斯和真主党用来获得外部和当地的合法性。非国家行为体在应对冠状病毒大流行方面的成功植根于两个因素:一是既有的、发达的福利体系,二是中共主要通过魅力型领导动员选民的能力。本文基于第一手资料,包括采访、新闻文章和社交媒体。
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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 Q2 LAW Pub Date : 2021-12-10 DOI: 10.1163/18763375-13040003
Kevin Koehler, J. Schulhofer-Wohl
What 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.
是什么决定了中东和北非各国政府如何应对全球covid-19大流行?我们根据不同政策选择的政治成本提出了一个理论论点,并评估其实证相关性。区分果断行动的直接成本和长期累积的不受控制的传播的潜在成本,我们认为,提供公共产品以保持权力的动机较少的领导人将比他们更受约束的同行更晚锁定。我们利用牛津covid-19政府应对追踪系统(OxCGRT)对2020年1月1日至11月30日期间的统计分析,以及我们自己关于该地区清真寺关闭和严格封锁时间的原始数据,为这一论点找到了实证支持。我们还通过描述埃及对这一流行病的反应来说明我们的论点。
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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 Q2 LAW Pub Date : 2021-12-06 DOI: 10.1163/18763375-14010002
Pietro Marzo, Kerry-Ann Cornwall
This 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.
本研究提供了两个理论见解,有助于就促进民主干预第三国政治事务的非政府组织的合法性展开辩论。首先,它认为,政党赋予非政府组织的合法性水平取决于非政府组织在促进国家合作伙伴目标实现方面发挥的“工具性作用”,而不是基于非政府组织倡导的价值观和规范。其次,它表明,政党给予非政府组织的合法性程度必须被理解为暂时有限的,并取决于背景。本文以突尼斯民主化过程中英政府参与民主促进的案例为例,认为突尼斯政治精英在民主过渡初期(2011-2014年)欢迎英政府的援助,因为他们的援助有助于加强民主制度及其程序的建立。文章指出,自2015年以来,各政党对英政府施压和干涉国家事务的热情越来越低,因为英政府的行动对其政治议程不再有用。
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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 Q2 LAW Pub Date : 2021-12-06 DOI: 10.1163/18763375-14010003
Mamdouh Shouman, Abdulaziz S. Alkabaa
This 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.
这项研究旨在测试沙特应对新冠肺炎大流行的能力。该模型调查了不同宵禁水平(衡量国家能力的指标)对五个主要城市新冠肺炎病例的重大影响。我们使用负二项回归模型来研究新冠肺炎病例与包括宵禁水平在内的其他独立变量之间的关联。我们的回归结果测试了沙特政府在四种不同宵禁水平下的能力,表明沙特政府有能力实施一种宵禁水平,从而减少新冠肺炎病例。这一宵禁级别(四级)是评估国家能力但需要更多资源和人力的所有级别中最有效的政策实施。因此,沙特政府有能力实施其想要的政策,然而,它需要更多的资源和人力来做到这一点。这些发现对gcc君主国和其他阿拉伯国家具有比较意义。
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引用次数: 0
期刊
Middle East Law and Governance
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