The Ideological Dimensionality in the Middle Eastern and North African Constitutions: A New Era in the Evolution of Islamic Constitutionalism

Abstract

The popular movements in 2011 led to many regime changes that resulted in amended or new constitutions in the Middle East and North Africa region. The constitutional debates concentrated mainly on the functions of the constitutions in authoritarian regimes, constitution-making processes, and the role of Islam during and after the uprisings. However, no research has analyzed the ideological dimensionality of the Middle Eastern and North African constitutions. By analyzing 19 newly enacted, drafted, and amended constitutions before and after the popular movements in the region, this article shows that the single ideological dimension in the constitutions can be defined by the openness of a state for liberal and modern values. This ideological dimension encompasses all the regional political debates on the political regime dynamics, the inclusion of rights and liberties, and the role of Islam. Besides offering an alternative typology for the constitutions in the region, this article also provides evidence for the beginning of the fourth phase of Islamic constitutionalism that merges the ideas of rule of law, which originates from democratic notions, and Islamic norms.