The struggle for constitutionalism in Egypt: Understanding the obstacles to democratic transition in the Arab world

This dissertation seeks to understand why the Arab world has failed to participate in the Third Wave of democratization. It proposes that the key obstacles to Arab democracy lie in the institutions and political processes that impede the development of Liberal Constitutionalism (LC). A methodology for analyzing the emergence of a constitutional order is derived from recent research in the New Institutionalism. This methodology is utilized to conduct a comparative study of. five turning points in Egypt's constitutional development: 1882, 1923, 1964, 1971, and 1979. A separate chapter examines the decline of LC during the Mubarak era.The analysis finds that three conceptions of constitutional order compete in Egypt and are embedded in distinct institutions: Liberal Constitutionalism, which is embedded in the judiciary Nationalist Constitutionalism, which is grounded in the Presidency and, Islamic Constitutionalism, which is rooted in the Muslim Brotherhood. The dissertation examines the development of these conceptions of constitutionalism and studies their interaction at each constitutional turning point. Several variables that impede Liberal Constitutionalism are identified, including: persistent economic crises, lack of external pressure supportive of LC, demonstration effects, Islamic radicalism, external threats, the attitude of the ruling elite toward constitutional governance, and the absence of consistent advocates of LC among private businessmen, the middle class, and intellectuals. The dissertation examines the origins of these obstacles to LC and offers a strategy for overcoming them. It then presents a scenario for democratic transition in Egypt and discusses the distinctive form of democracy that is likely to emerge in an Arab and Islamic context. The central role that Islamic Constitutionalism will play in Arab democracy is given particular attention.The study concludes with a discussion of the repercussions of the Egyptian case for democratic theory. This case holds particular relevance for understanding the relationship between economic reform and democratization, the impact of religion and religious institutions on democratic change, and the role of the judiciary in initiating and sustaining democratic transitions.