Mapping Constitutional Control in the MENA region
What are the nomination and selection procedures of constitutional councils and courts? How do they differ among MENA countries? Do they advance judicial independence and professionalization or are they construed to allow for undue interference by other branches of government? What type of selection procedures have proved successful, and under which conditions, and why?
These are some of the questions that will be discussed during the two-day roundtable meeting in Beirut, on the 21st and 22nd of October 2017, which is organized by the regional Rule of Law Program Middle East / North Africa of the Konrad Adenauer Foundation, in cooperation with the Arab Association of Constitutional Law.
The role of high judicial institutions, in the legal and political sphere has become more visible in many MENA countries, Constitutional Courts & Councils have been undergoing reforms and some have been attributed new competences. Subsequently, their structure as a whole has been subject to political debate, the selection/appointment of justices has become an important political and academic question.
Time and again, scholars and politicians around the world have been trying to find the balance between professionalization and independence while not losing connection to political and social developments. Many countries in the MENA region have dealt with this question or are dealing with it still, with a variety of approaches and outcomes. However, no comprehensive analysis of the procedures adopted by the different countries and their impact on the MENA region has been undertaken. This roundtable discussion aims to fill this gap.
By a detailed and comparative analysis of the different selection/nomination procedures for justices to constitutional courts and councils, the expert meeting shall shed light on the relation of nomination/appointment procedures and independence of the judiciary, the impact of the different procedures, potential controversies and reforms.
The meeting on Nomination and Appointment Procedures of Judges is Part I of a wider mapping project, undertaken by the Rule of Law Program Middle East & North Africa, on Constitutional Control in the MENA region. It will shortly be followed by Part II, Role of Religious Law/Courts/Judges in the Constitutional Order. The comparative sequence will continue in 2018.