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A Struggle for Institutionalization: the Tunisian Assemblée des Répresentants du Peuple and the Dominance of Consensus-Oriented Politics 为制度化而斗争:突尼斯人民大会和以共识为导向的政治的主导地位
IF 1 Q2 LAW Pub Date : 2021-06-09 DOI: 10.1163/18763375-13031234
Chahd Bahri, J. Völkel
This article is part of the Special Issue “Parliaments in the Middle East and North Africa: A Struggle for Relevance.” Tunisia’s parliament has undergone a remarkable internal transformation process since 2011, from a formerly mostly irrelevant institution to an influential locus of policy-making. This successful progress notwithstanding, the parliament’s transformation to a democratic assembly has not been fully concluded yet. A main challenge is that the legislature still shows a number of characteristics of an “authoritarian parliament”: besides a lack of staff and financial resources, the continuous dominance of personal kinship over institutionalized power structures remains particularly problematic.While private networks of individual decision-makers were perceived as crucial for Tunisia’s stability during the turbulent post-revolution years, they concomitantly contain the risk for a resurrection of former authoritarian structures. The article thus traces the Tunisian parliament’s major transformation steps from a former irrelevant legislature to a consolidated, influential assembly, and points out the still existing challenges.
本文是“中东和北非议会:相关性斗争”特刊的一部分。自2011年以来,突尼斯议会经历了一个引人注目的内部转型过程,从一个以前几乎无关紧要的机构转变为一个有影响力的决策中心。尽管取得了成功,但议会向民主议会的转变尚未完全结束。一个主要挑战是,立法机构仍然表现出“威权议会”的一些特征:除了缺乏工作人员和财政资源外,个人亲属关系对制度化权力结构的持续主导仍然特别成问题。尽管个人决策者的私人网络被认为是突尼斯在革命后动荡时期的稳定至关重要,但它们同时也包含了前独裁结构复活的风险。因此,文章追溯了突尼斯议会从一个以前无关紧要的立法机构向一个巩固的、有影响力的议会的重大转变步骤,并指出了仍然存在的挑战。
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引用次数: 1
Parliaments in the MENA Region: Between Timid Reform and Regression. A Comparative Survey 中东和北非地区的议会:在胆怯的改革和倒退之间。比较调查
IF 1 Q2 LAW Pub Date : 2021-06-09 DOI: 10.1163/18763375-13031240
Rainer Grote
Part of a special issue devoted to the role of parliaments in contemporary Arab politics, this article gives an oversight of the evolution of the constitutional rules governing the status and powers of Arab parliamentary assemblies following the “Arab spring” and during the early stages of the Covid-19 pandemic. Parliaments have traditionally played a marginal role in Arab constitutional theory and practice. Although the strengthening of the role and powers of parliaments and a rebalancing of the executive-legislative relations in favour of the latter featured prominently in the reform agendas emerging from the protest movements of the “Arab spring,” these movements proved unable to produce lasting change. The reforms have either been rolled back by oppressive governments or given way to a political pactice of renewed presidential dominance which diverges considerably from the initial aspirations of the reformers. The highly unfavourable conditions existing in most Arab countries – with internally divided democratic reform movements, entrenched military, and political elites determined to resist genuine democratic change with all means available and powerful external actors supporting the domestic status quo – are likely to ensure that parliaments will remain confined to a largely ornamental role in Arab politics in the foreseeable future.
作为专门讨论议会在当代阿拉伯政治中的作用的特刊的一部分,本文对“阿拉伯之春”之后和新冠肺炎大流行早期阶段阿拉伯议会地位和权力的宪法规则的演变进行了监督。议会传统上在阿拉伯宪法理论和实践中发挥着边缘作用。尽管在“阿拉伯之春”抗议运动产生的改革议程中,加强议会的作用和权力以及重新平衡行政立法关系以支持后者是突出的,但事实证明,这些运动无法产生持久的变革。改革要么被压迫性政府推翻,要么被重新确立总统主导地位的政治协议所取代,这与改革者最初的愿望大相径庭。大多数阿拉伯国家存在着极其不利的条件——内部分裂的民主改革运动、根深蒂固的军事、,以及决心用一切可用手段抵制真正民主变革的政治精英和支持国内现状的强大外部行为者,很可能会确保议会在可预见的未来在阿拉伯政治中仍被限制在很大程度上发挥装饰作用。
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引用次数: 0
Using Law as an Instrument of Domination and Violating the Right of Assembly: The Story behind the Palestinian NGOs’ Quest for Independence 以法律作为统治工具与侵犯集会权:巴勒斯坦非政府组织寻求独立背后的故事
IF 1 Q2 LAW Pub Date : 2021-05-31 DOI: 10.1163/18763375-13031265
Mahmoud M. Dodeen
This article explores the position of the successive executive powers that have ruled over the occupied Palestinian territory toward the right of association, analyzing the regulations and practical measures they introduced. The governance of these authorities was undemocratic, resulting in abuses of legislative power with a view to constraining the right to assembly and to dominating ngo s, starting with incorporation and ending with dissolution. Despite an ongoing struggle for operational independence, ngo s have been under the control of the Palestinian ruling political parties in the West Bank and the Gaza Strip since 2007. Throughout this period, elected formal oversight bodies have been lacking. While Fatah monopolizes government of the West Bank, Hamas takes exclusive possession of the administration of the Gaza Strip; each party has fought against the ngo s aligned with its rival. The ruling regimes have also exploited shortfalls and gaps in some regulations in order to undermine and weaken the role of ngo s in issues of public concern.
本文探讨了历代统治巴勒斯坦被占领土的行政当局对结社权的立场,分析了他们出台的法规和实际措施。这些当局的管理是不民主的,导致滥用立法权,以期限制集会的权利和支配非政府组织,从成立到解散。尽管非政府组织一直在争取独立运作,但自2007年以来,它们一直在约旦河西岸和加沙地带的巴勒斯坦执政政党的控制之下。在整个这一时期,一直缺乏经选举产生的正式监督机构。法塔赫垄断了约旦河西岸的政府,而哈马斯独占了加沙地带的管理权;每个政党都与与对手结盟的非政府组织进行斗争。执政政权还利用一些法规的不足和漏洞,破坏和削弱非政府组织在公众关注的问题上的作用。
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引用次数: 1
Youth as Agenda-Setters between Donors and Beneficiaries: The Limited Role of Libyan Youth after 2011 青年作为捐助者和受益者之间的议程制定者:2011年后利比亚青年的有限作用
IF 1 Q2 LAW Pub Date : 2021-03-04 DOI: 10.1163/18763375-13010003
Chiara Loschi
Based on interviews with young Libyan professionals carried out between 2017 and 2018, this paper examines their role as agenda-setters in international organizations operating in their country since 2011. The growing foreign demand for local expertise after the fall of the old regime was met mostly by the young activists who had helped organize the 2011 uprisings. For foreign organizations, Libyan youth have come to embody brokers, fixers, go-betweens, and persons-in-between, becoming key supporting actors in international project implementation. Despite the opportunities seemingly afforded by the collapse of the old regime, this paper shows that Libyan youth, torn between desires for political change and professional advancement, have struggled to influence the agendas of international organizations, leading to feelings of disenfranchisement. The transformative capacity of international projects is thus often limited by this new class of young, globalized elites who are disengaged from the local needs and realities facing Libyan civil society.
本文基于2017年至2018年间对利比亚年轻专业人士的采访,考察了他们自2011年以来在利比亚开展活动的国际组织中作为议程制定者的作用。旧政权倒台后,外国对当地专业知识日益增长的需求主要由帮助组织2011年起义的年轻活动家来满足。对于外国组织来说,利比亚青年已经成为中间人、中间人和中间人的化身,成为国际项目实施的关键支持行为者。尽管旧政权的崩溃似乎提供了机会,但本文表明,利比亚青年在政治变革和职业发展的愿望之间左右为难,难以影响国际组织的议程,导致被剥夺选举权的感觉。因此,国际项目的变革能力往往受到这一新的全球化精英阶层的限制,他们脱离了当地的需求和利比亚民间社会面临的现实。
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引用次数: 0
Remembering Our Heroes: Global Jihad’s Militancy in a Comparative Perspective 缅怀我们的英雄:比较视角下的全球圣战战斗性
IF 1 Q2 LAW Pub Date : 2021-03-04 DOI: 10.1163/18763375-13010002
Meir Hatina
Many studies have been devoted to the features of global jihad (also known as Salafi jihadism), its historical development, its difference from other Salafi groups, or its struggles with ideological rivals. Little emphasis, however, has been given to global jihadists’ ideological genealogy, and hence to locating them in a comparative perspective. How did they commemorate their formative heroes, such as the medieval jurist Ibn Taymiyya and mid-twentieth century ideologues, such as Sayyid Qutb, Abu al-Aʿla al-Mawdudi, ʿAbd al-Salam Faraj, Shukri Mustafaʾ, Marwan Hadid or Saʿid Hawwa? Were these figures still perceived as cultural heroes, or were they shunned? Did their writings continue to provide sources of inspiration, or were they replaced by new manifestos? An in-depth discussion of these questions, based on a textual analysis of jihadi sources, may shed further light on global jihadists’ ideological evolution and self-perceptions. It will provide an additional prism for analyzing modern Sunni militancy, and scrutinize the extent its protagonists’ treatises match past traditions or, alternatively, deviate from them in favor of cultivated traditions, thus advancing a dissident agenda.
许多研究都致力于全球圣战(也被称为萨拉菲圣战)的特征,它的历史发展,它与其他萨拉菲组织的区别,或者它与意识形态对手的斗争。然而,很少有人强调全球圣战分子的意识形态谱系,因此很少有人从比较的角度来定位他们。他们是如何纪念他们的英雄,如中世纪法学家伊本·泰米亚和20世纪中叶的思想家,如赛义德·库特、阿布·阿德拉·毛杜迪、阿卜杜勒·萨拉姆·法拉吉、舒克里·穆斯塔法·纳、马尔万·哈迪德或萨·哈瓦?这些人物仍然被视为文化英雄,还是被人们所回避?他们的作品是继续提供灵感的来源,还是被新的宣言所取代?基于对圣战来源的文本分析,对这些问题进行深入讨论,可能会进一步揭示全球圣战分子的意识形态演变和自我认知。它将为分析现代逊尼派武装提供一个额外的棱镜,并仔细审查其主角的论文在多大程度上符合过去的传统,或者偏离传统,支持培养的传统,从而推进不同政见的议程。
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引用次数: 0
Libya: Lost in Transition 利比亚:迷失在过渡时期
IF 1 Q2 LAW Pub Date : 2021-03-04 DOI: 10.1163/18763375-13010005
Jacob Mundy
The guiding concept for this special journal section is to explore the increasing normalization of Libya’s post-2011 “transition” and its reification into a new social, juridical and economic status quo. Amid constant news reports and think tank analyses of chaotic armed conflict, political fragmentation, and even wholesale “state failure,” we wanted to highlight the extent to which this protracted interregnum—between the collapse of Mu‘ammar al-Gaddafi’s decrepit Jamahiriyyah system in 2011 and the failure of any political coalition to achieve a new hegemonic order since then—can no longer be considered just that, an interregnum. So what is Libya’s new normal, and how do the contributions here attempt to account for it? In the wake of the 2011 uprisings across Northern Africa and Southwest Asia, it has become commonplace to invoke Gramsci’s now famous theorization of crisis from the Prison Notebooks as historical moments in which the old order can no longer be sustained but whose replacement cannot be established either. In the case of Libya, the crisis results from the entanglement of these two processes, and, in many ways, it has come to represent the new order itself. This is precisely where we can situate Emad Badi’s contribution to this collection. On the one hand, he historically situates Libya’s recent decade of “morbid symptoms”—to continue to invoke Gramsci—in the structures and tactics of rule that marked the Gaddafi regime’s centralized forty-two year grip on power (1969–2011). On the other hand, he also evaluates European theories of the state against these historical and contemporary realities. He finds them unable to account for the forms of order and disorder, and the ways in which governmental forms are established and challenged, in the Libyan context.
本专题期刊部分的指导理念是探讨利比亚2011年后“过渡”的日益正常化及其具体化为新的社会、司法和经济现状。在不断的新闻报道和智库对混乱的武装冲突、政治分裂、,甚至是大规模的“国家失败”,我们想强调的是,从2011年穆阿迈尔·卡扎菲(Mu’ammar al-Gaddafi)破旧的Jamahiriyah制度崩溃到此后任何政治联盟都未能实现新的霸权秩序,这一旷日持久的过渡期在多大程度上不能再被视为过渡期。那么,利比亚的新常态是什么?这里的贡献是如何解释的?2011年北非和西南亚发生起义后,援引葛兰西现在著名的《监狱笔记》中的危机理论,将其视为旧秩序无法再维持但也无法取代的历史时刻,这已经变得司空见惯。就利比亚而言,这场危机是这两个进程纠缠在一起的结果,在许多方面,它已经代表了新秩序本身。这正是我们可以定位Emad Badi对该系列的贡献的地方。一方面,他将利比亚最近十年的“病态症状”——继续援引葛兰西的话——置于卡扎菲政权42年集中掌权的统治结构和策略中(1969年至2011年)。另一方面,他也根据这些历史和当代现实来评估欧洲的国家理论。他发现他们无法解释利比亚背景下的秩序和混乱形式,以及政府形式的建立和挑战方式。
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引用次数: 1
Of Conflict and Collapse: Rethinking State Formation in Post-Gaddafi Libya 冲突与崩溃:对后卡扎菲时代利比亚国家形成的再思考
IF 1 Q2 LAW Pub Date : 2021-03-04 DOI: 10.1163/18763375-13010001
Emadeddin Badi
This paper explores the relationships between the Libyan state and society, and the ways in which these dynamics affected the subsequent civil wars in 2011 and onwards. Beyond the commonly-studied impact of oil and state rentierism, this paper demonstrates that the enduring centralization of the state, Gaddafi’s dystopian governance system, the socio-economic and political cultures pre-2011, and the interplay between local systems of legitimacy and central authority have played an underappreciated role in the contemporary Libyan landscape. The continuities and discontinuities of order that defined and characterized the Libyan state before and after 2011 are thus dissected. An exploration of the appositeness of Eurocentric theories of statehood to the Libyan landscape unveils the pillars of legitimacy that defined Libyan statehood pre-Gaddafi. This sheds light both on how the Gaddafi regime sought to control society by often manipulating these pillars and on the ways in which Libyan society either directly and indirectly resisted his rule or rested in complacency. This covert resistance, which turned overt, widespread, and violent in 2011, paved the way for a discursive mutation of “tribalism.” This notion morphed from one of a group behavioral binding mechanism tied to blood lineage into one underpinned by notions of solidarity that override kinship. This analysis in turn elucidates the precarity of the Libyan state and explains the subsequent turmoil in the country post-2011, characterized notably by the emergence of armed non-state actors. A key discontinuity identified is in the realm of foreign influencers that have exploited long-standing domestic grievances and weaponized Libya’s traditional pillars of legitimacy, thus tearing at its society’s social fabric.
本文探讨了利比亚国家和社会之间的关系,以及这些动态对2011年及以后的内战的影响。除了通常研究的石油和国家寻租的影响外,本文还表明,国家的持久中央集权、卡扎菲的反乌托邦治理体系、2011年之前的社会经济和政治文化,以及地方合法性制度和中央权力之间的相互作用,在当代利比亚的格局中发挥了未被充分重视的作用。从而剖析了2011年前后利比亚国家的连续性和不连续性。对以欧洲为中心的国家地位理论与利比亚景观的适用性的探索揭示了卡扎菲之前定义利比亚国家地位的合法性支柱。这既揭示了卡扎菲政权如何通过经常操纵这些支柱来控制社会,也揭示了利比亚社会直接和间接抵制他的统治或自满的方式。这种隐蔽的抵抗在2011年变得公开、广泛和暴力,为“部落主义”的话语突变铺平了道路。这一概念从一种与血统相关的群体行为约束机制演变为一种以团结观念为基础的超越亲属关系的机制。这一分析反过来阐明了利比亚国家的不稳定,并解释了2011年后该国随后的动荡,其特点是出现了武装的非国家行为者。一个关键的不连续性是在外国影响者的领域,他们利用了长期存在的国内不满,将利比亚的传统合法性支柱武器化,从而撕裂了其社会结构。
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引用次数: 1
How Can Water Sector Cooperation Support Democratic Governance? Insights from Morocco 水务部门合作如何支持民主治理?来自摩洛哥的启示
IF 1 Q2 LAW Pub Date : 2021-03-04 DOI: 10.1163/18763375-13010004
A. Houdret
This paper analyzes how development cooperation can actively support democratic governance through cooperation in the water sector. To answer this question, we develop an analytical approach based on democratization research and on water governance research. We tested the approach in three donor-supported water projects in Morocco and carried out over seventy interviews with key stakeholders.Our findings show (a) key factors influencing the scope for external support for democratic governance in the water sector, (b) potential negative effects of the support when local elites grasp new resources, and (c) unintended positive spill-over effects of water projects on democratic governance within and beyond the sector (for instance, strengthening formerly marginalized groups). As these empirical findings suggest, there is a potentially large scope of action for supporting democratic governance through water sector cooperation. We therefore highlight the need for more analytical and empirical research on causal interlinkages between these two fields of intervention.
本文分析了发展合作如何通过水部门的合作积极支持民主治理。为了回答这个问题,我们开发了一种基于民主化研究和水治理研究的分析方法。我们在摩洛哥的三个捐助者支持的水项目中测试了这种方法,并对主要利益攸关方进行了70多次采访。我们的研究结果显示(a)影响水部门民主治理外部支持范围的关键因素,(b)当地精英掌握新资源时支持的潜在负面影响,以及(c)水项目对部门内外民主治理的意外积极溢出效应(例如,加强以前边缘化群体)。正如这些实证研究结果所表明的那样,通过水部门合作支持民主治理的潜在行动范围很大。因此,我们强调需要对这两个干预领域之间的因果关系进行更多的分析和实证研究。
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引用次数: 0
Designing Decentralization in Jordan: Locating the Policy among the Politics 约旦权力下放的设计:在政治中定位政策
IF 1 Q2 LAW Pub Date : 2021-02-22 DOI: 10.1163/18763375-13030001
E. Karmel
Jordan introduced legislation in 2015 to initiate a process of decentralization. Both the decision to decentralize as well as the form of decentralization that Jordan ultimately pursued have thus far been explained as regime efforts to reinforce its position and that of its clientelist base. While acknowledging that Jordan’s decision to decentralize was driven by broader political dynamics (including patron-clientelism), the article questions the extent to which these dynamics can account for the actual design of Jordan’s decentralization reforms. Through a detailed examination of the process through which the 2015 Decentralization Law was passed, the article argues that the Law was not only a result of patron-client politics, but also the product of a complex policy process. Drawing on this close-range investigation of the policy process leading to the Law, the article outlines some of the key parameters within which Jordanian policy is made, thereby contributing to the burgeoning literature that calls for policy to be brought into the study of authoritarian regimes.
约旦于2015年提出立法,启动权力下放进程。到目前为止,约旦最终追求的权力下放的决定和形式都被解释为政权加强其地位及其庇护主义基础的努力。虽然承认约旦的分权决定是由更广泛的政治动态(包括庇护-庇护主义)驱动的,但文章质疑这些动态在多大程度上可以解释约旦分权改革的实际设计。通过对2015年《地方分权法》通过过程的详细考察,本文认为,《地方分权法》不仅是主顾政治的结果,也是一个复杂政策过程的产物。通过对导致该法的政策过程的近距离调查,本文概述了约旦制定政策的一些关键参数,从而为呼吁将政策纳入威权政权研究的新兴文献做出了贡献。
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引用次数: 1
Introduction 介绍
IF 1 Q2 LAW Pub Date : 2020-12-17 DOI: 10.1163/18763375-12030001
Janine A. Clark
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引用次数: 0
期刊
Middle East Law and Governance
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