
Contents
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Rule of Law as a Means of Empowerment Rule of Law as a Means of Empowerment
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Missing theoretical foundation for rule of law in the region's historical and cultural legacy Missing theoretical foundation for rule of law in the region's historical and cultural legacy
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Missing enabling environment for the rule of law in Arab authority and institutional practices Missing enabling environment for the rule of law in Arab authority and institutional practices
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Impediments to Establishing and Consolidating Rule of Law Impediments to Establishing and Consolidating Rule of Law
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Deficiencies in the legal structures Deficiencies in the legal structures
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Absence of constitutional legitimacy Absence of constitutional legitimacy
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The gap between law and legal practice The gap between law and legal practice
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Fragility and ineffectiveness of institutional structures Fragility and ineffectiveness of institutional structures
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Limited parliamentary power Limited parliamentary power
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The inferior position of the legislative authority The inferior position of the legislative authority
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Weak electoral legitimacy Weak electoral legitimacy
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A subordinate judicial authority A subordinate judicial authority
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Questionable independence Questionable independence
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A corrupt environment A corrupt environment
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Activating the Rule of Law to Achieve Arab Empowerment Activating the Rule of Law to Achieve Arab Empowerment
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Strengthening and deepening ongoing reforms Strengthening and deepening ongoing reforms
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Deepening constitutional reforms Deepening constitutional reforms
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Engaging with the universality of human rights Engaging with the universality of human rights
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Protecting liberties Protecting liberties
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Becoming a nation of citizens, not subjects Becoming a nation of citizens, not subjects
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Reforming the institutional structure Reforming the institutional structure
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Entrenching the rule of law through structural reforms Entrenching the rule of law through structural reforms
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Redistributing power in Arab constitutions Redistributing power in Arab constitutions
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Establishing a new social contract Establishing a new social contract
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Consolidating the public sphere Consolidating the public sphere
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Catalyzing positive change through societal reform Catalyzing positive change through societal reform
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Notes Notes
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2 From the Law of the Ruler to the Rule of Law
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Published:January 2015
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Abstract
Viewed through the lens of the rule of law, which originated and evolved within European culture, the condition in Arab states is confounding. These states are not lacking in laws or institutions, and their accession to international human rights conventions has increased in recent decades. Yet these countries remain far from the logic and culture of the rule of law. The rule of law requires more than a constitution and a set of formal rules. In the absence of a conducive environment, achieving these conditions has proven difficult. Concepts such as the state, power, political culture, and awareness of the law and human rights must be reconsidered in order to explain the marked resistance to the rule of law in Arab countries. The rule of law should empower citizens and encourage structural reforms. There are no grounds for accepting the notion of an “Arab exception” that would regard countries in the region as incapable of positive change. Change is possible in Arab states under the proper conditions. The events of the Arab Spring—despite setbacks—confirmed this view, proving the importance of the rule of law in changing the workings of the state and the performance of its institutions.
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