The rule of law, legality, constitutionality and democratization in the monarchies of the arab east: current state and perspectives

Abstract

Introduction. Atypical terminology for the monarchies of the Arab East appears at the constitutional and legislative level. If democratization after the Arab Spring was considered mainly as the construction of a "facade of democracy", nowadays there are institutional manifestations of the introduction of elements of democratic government, institutions of public power, in particular, constitutional courts, which are atypical for Arab states, are being formed.
The purpose of the study is to reveal the specifics of establishing and implementing the principles of the rule of law, legality, and democracy, as well as issues of guaranteeing constitutionality in Jordan, Kuwait, Qatar, and Bahrain.

The methodological basis of the research is a philosophical dialectic-materialist approach, which involves consideration of the implementation of the principles of the rule of law, legality and democracy in the conditions of the reform of the state system, as an objective social reality that was formed and constantly evolves under the influence of internal and external contradictions along with the development of Arab society. The following methods are also applied: formal-legal, comparative-legal, socio-cultural analysis.

The author makes a warning about the inadmissibility of the literal perception of new legal concepts and institutions introduced in these states, without clarifying their true meaning and understanding the peculiarities of the state system.

Brief content. State policy and strategic development plans directly indicate the principles of the rule of law, legality and democracy as strategic goals. The texts of the constitutions regarding the establishment of the relevant principles were analyzed, and the strategic goals of the Persian Gulf monarchies regarding the implementation of the principle of the rule of law were revealed. An analysis of the legislation on the activity of constitutional courts was carried out, and a review of the practical activity of the constitutional courts of the monarchies of the Arab East was carried out.
Conclusions. The principle of the rule of law is not established at the constitutional level. The principle of legality, as the principle of activity of public authorities, is derived from the text of constitutions. The principle of the rule of law has also not been constitutionally enshrined, however, the desire for justice and ensuring human rights, equality of rights and freedoms, inviolability of the person, independent activity of judges is determined at the level of constitutions. The principle of democracy is directly enshrined in most constitutions.

When making decisions regarding the state-legal life of the IAS, the constitutional courts are guided by the constitution and international legal standards of human rights without reference to the provisions of Sharia and Islamic traditions. At the same time, the significant influence of the monarch and the government on the order of formation of the constitutional courts of the Persian Gulf is noted.

The principle of the rule of law in its content is not reduced to the principle of legality, but is considered as a guiding principle of democratization, building a just and safe society. The parallel existence of Sharia courts and secular courts, the formation of constitutional courts explains the simultaneous application of the concepts of "supremacy of Sharia", "rule of law" and "constitutionality".

In the monarchies of the Arab East, there is a dual system of supremacy: the supremacy of Sharia and the supremacy of law. They exist and develop in parallel and are not mutually exclusive. Ensuring justice and equal development conditions for all citizens is a common goal for both systems.