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Constitution and Constitutionalism in Bahrain: From Text to Context
Abstract
The 2002 Bahrain Constitution is a controversial document. It was passed after a brief and disputed consultation process after the suspension of Bahrain’s 1973 Constitution, and was positioned as the anchor of political reform and liberalization after decades of turbulence in the small nation-state. This Constitution, however, fell short of establishing a constitutional system of government and in turn failed to achieve political stability, and its legitimacy remains under attack. This paper examines both the text and context of the 2002 Constitution, identifying the problematic provisions, institutional gaps, and power dynamics that have limited its effectiveness to date. I argue that the 2002 Constitution, although it was written to enshrine the status quo balance of power and has in practice failed to establish a constitutional system of government, has had an impact in transforming the political discourse of the country and continues to have the potential to be a tool to promote further political reform and liberalization.
Discipline
Law
Geographic Area
Bahrain
Sub Area
Middle East/Near East Studies