Except in rare instances where foreign powers impose a constitution upon a country, the process of drafting a constitution typically relies either on consensus or, at the very least, on negotiations aimed at reaching a fundamental agreement regarding the values that the constitution ought to uphold and reinforce. The drafting of a constitution involves ceremonial procedures and is subject to specific timelines. The Arab uprisings have been regarded as a wave of constitutionalism, which led to the consolidation of democratic and legalistic principles.
The increasing involvement of civil society has contributed to the identification of mechanisms for transitional justice, addressing the violations committed by previous regimes, punishing the perpetrators, excluding them from public life, and compensating victims—all with the goal of laying the foundation for a new life within the emerging political systems. Ultimately, following the adoption of a constitution, a coherent implementation process is essential to ensure the establishment of constitutional order and to transform the constitutional text into a living, governing law.
In this comparative study, the process of constitutional drafting and implementation in the Islamic Republic of Iran after the Islamic Revolution is examined alongside the experiences of North African countries that, following popular uprisings known as the Arab Spring, faced constitutional amendments or reforms. The research reveals that the revolutions and constituent powers in North African countries lacked informed leadership and prudent guidance in both the realization of the revolutions and the process of drafting and safeguarding the constitutions. Social movements—primarily led by women and youth—were coordinated primarily through social media platforms. In some countries, the achievements of these revolutions were shaped by the influence of foreign powers, while in others, monarchies responded to public demands and facilitated the conditions for constitutional reform.
Nemati,M. (2024). A Review of Constitutional Legislative Developments in North Africa and Iran. (e218746). Lex Islamica Quarterly, (), e218746 doi: 10.22034/lexisq.2025.508102.1004
MLA
Nemati,M. . "A Review of Constitutional Legislative Developments in North Africa and Iran" .e218746 , Lex Islamica Quarterly, , , 2024, e218746. doi: 10.22034/lexisq.2025.508102.1004
HARVARD
Nemati M. (2024). 'A Review of Constitutional Legislative Developments in North Africa and Iran', Lex Islamica Quarterly, (), e218746. doi: 10.22034/lexisq.2025.508102.1004
CHICAGO
M. Nemati, "A Review of Constitutional Legislative Developments in North Africa and Iran," Lex Islamica Quarterly, (2024): e218746, doi: 10.22034/lexisq.2025.508102.1004
VANCOUVER
Nemati M. A Review of Constitutional Legislative Developments in North Africa and Iran. Lex Islamica Quarterly, 2024; (): e218746. doi: 10.22034/lexisq.2025.508102.1004