detail - Rule of Law Programme Middle East / North Africa
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The vast majority of countries in the MENA region have adopted a centralized system of constitutional review, whereby a specialized constitutional court exercises exclusive jurisdiction over constitutional disputes. Constitutional courts in these countries are part of the judicial branch but exercise their jurisdiction autonomously and their rulings are binding to all other courts. However, jurisdiction of MENA constitutional courts has caused several controversies, not only in countries where constitutional review is a recent phenomenon but also in those with more established courts.
The workshop aims to understand the key issues and challenges facing constitutional courts in the MENA region and analyse their impact and effectiveness in relation to other courts in their respective judicial systems. Whether it is a new court struggling to disentangle its scope of jurisdiction from that of other historically strong courts, or an established court facing new and emerging challenges, this workshop seeks to diagnose these issues by providing a comprehensive and detailed analysis of the impact and effectiveness of constitutional courts.
Both constitutional experts and practitioners are invited to exchange expertise on a focused topic and thus help render lessons to improve the overall effectiveness of constitutional review. Comparative analysis of the different conceptions, institutional designs and legal framing (1) will serve as foundation for a closer look on the specific emergence and struggle of constitutional courts in the MENA region (2). Regarding the particular jurisprudence of each institution, its relation to other High Courts based in the same legal system (3) will lead to the question of impact and future objectives (4). How important are decisions of the constitutional courts in their own legal system? How effective are they applied or implemented? And which reforms would strengthen their position?
This workshop is the fifth of a series entitled “Mapping Constitutional Control in the MENA region”. Each participant produces a research paper on a specific case study or a comparative analysis connected to the overall topic. During the workshop, feedback by the other participants will be provided for the papers. In the aftermath, a selection of the papers will be published jointly by KAS and AACL. This workshop serves as a basis for a comprehensive discussion to take place in an international symposium organized by the KAS Rule of Law Programme Middle East / North Africa in partnership with AACL.