Editorial - December 2021


We are very pleased to present the second issue of the Journal of Constitutional Law in the Middle East and North Africa (JCL-MENA). JCL- MENA is dedicated to encourage greater discussion and critical analysis of constitutional and legal developments throughout the Arab region. Featuring articles by scholars and practitioners specializing in the region, it is designed to facilitate access to information on the MENA constitutional issues and debates for the international community of practitioners and scholars in English and Arabic.

JCL- MENA is managed and edited by the Arab Association of Constitutional Law and published online for the time being – in association with the Rule of Law Program Middle East/North Africa of Konrad-Adenauer-Stiftung.

The second issue of JCL- MENA features five contributions. In the first article, Simona Ross argues that the multiplicity of legal instruments and the absence of constitutional legitimacy is rooted in the divergent aspirations among Libyans concerning the structure and identity of the state.

In the second article, Wissam Lahham examines the relationship between the Lebanese State and religious denominations. He provides an analysis of the civil nature of the Lebanese State despite many imperfections arising from the personal status laws.

The third and fourth articles raise the issue of religion and law from two different perspectives. Abdullah Abdullah discusses the influence of the Islamic Sharia on Arab constitutions and legislation with a particular reference to Qatar, Egypt and Lebanon, while Nabil Zegaoui focuses on the impact of religion on Morocco’s constitutional policies through historical, cultural, political and legal lenses.

In the fifth article, Tarteel Darwish presents an in-depth analysis of the legal framework of transitional justice in Syria and Tunisia.

We hope this second issue will have particular appeal to a readership of scholars and practitioners interested in the constitutional developments throughout the Arab region.