Abstract

This master's project examines constitution-making in transition by analyzing both the 2012 Egyptian and the 2014 Tunisian constitutions as case studies. The processes of the two constitutions took place in quite similar post-uprising contexts in which Islamists were the majority and yet resulted in different outcomes. The project aims to identify and analyze the variables that influenced constitution-making processes in both countries and hence the outcomes as indicated in the analysis of a selected number of civil and political rights in both constitutions. The project answers three questions: Why did Islamists in Egypt gain a qualified majority at the constituent assembly, while Ennahda Islamists in Tunisia gained only a simple majority? How did these majorities impact the constitution-making process in each country, and how did the process shape the constitutional outcome? The conceptual framework of the project sets a number of factors (independent variables) that were at stake during transition and influenced the constitution-making process (intermediate variable), which, in turn, shaped the outcome (dependent variable). The project concludes that the selected articles of civil and political rights in the Tunisian constitution come closer to the international norms of the ICCPR as an attempt at reaching a compromise with the vision of the non-Islamist groups, whereas the articles in the 2012 Egyptian constitution drifted from the ICCPR, and the vision/agenda of the Islamist majority was predominant in the constitutional text. The project presents conclusions and lessons learned that could provide directions for future research on constitution-making.

Department

Public Policy & Administration Department

Degree Name

MA in Global Affairs

Graduation Date

6-1-2015

Submission Date

September 2015

First Advisor

Awad, Ibrahim

Committee Member 1

Shalakany, Amr

Committee Member 2

El-Sayyed, Mustapha Kamal

Extent

156 p.

Document Type

Master's Thesis

Library of Congress Subject Heading 1

Egypt -- Constitution.

Library of Congress Subject Heading 2

Constitutiol law -- Egypt.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

Institutional Review Board (IRB) Approval

Not necessary for this item

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