Distribution of Power in New Arab Constitutions (Tunisia-Morocco-Egypt)
Prof. Amohammed Al-Maleki
Dean of the Faculty of Law Sultan Qaboos University – Oman
The three constitutions, which are the subject of the study, share a specific context in demanding a change in the type of the regime that has been in place for decades. Such regime is described as creating an imbalance between the State and the society. However, they differ in their political tracks.
The research’s problem stems from a common cause, that is found in these counties. Imbalance in distributing powers among Executive Authority and Legislative Authority is evident in all Arab Constitutions. This thought has been demonstrated by scholars (through various studies, research and national and international reports). These literatures emphasize the importance of introducing a deep reform in Arab Constitutions. The rationale behind such reform is to restore and affirm the initial balance between Parliament (as a policy maker) and the Executive Authority (overseeing the implementation of various laws). Furthermore, it is within the aim of this study to examine the possibility of drafting effective solutions to bridge the imbalance among constitutional institutions, particularly Legislative Authority and Executive Authority.