The Role of Constitutional Law in Shaping Government Structures and Stability in the Middle East

To address these issues comprehensively, this study poses the following research questions: –

What are the key constitutional principles that guide governance structures in the Middle East?

The article, therefore, complements governance and security reforms by way of a critical analysis of the role of constitutional law in promoting political stability in the Middle East. The article provides insightful analysis of the role of constitutional governance in promoting national security, democratic oversight, and institutional coordination. The article begins with an introduction to constitutional law reforms and their importance to governance institutions. This is followed by a discussion of research questions at length, which guides the analysis of constitutional designs and their performance. The research design and the analytical framework are elaborated in the section “Methodology,” while the analysis examines constitutional dynamics and governance outcomes. The paper concludes with a discussion on findings, drawing on international best practices, and makes pragmatic recommendations. The coherence of these sections ensures a comprehensive appreciation of constitutional law’s role in the stability of governance, with incisive information on policy enhancement and avenues for future studies.

There has been an enormous amount of literature that has discussed the impact of constitutional law on political regimes in the Middle East, mainly stability and transition. Constitutional traditions have been on record to always be in the vanguard in outlining the structure of government, defining the division of power, and ensuring accountability in state institutions (Dawood, 2015; Al-Ali and Stiansen, 2022). Nonetheless, even as there is this wider focus on comparative analysis of constitutional developments by region, there is a great lacuna as far as understanding precisely how provisions of constitutions are implemented in specific countries and indeed the pragmatic implications thereof on stability and government. For instance, while the contribution of constitutional law to the design of government structures is well established, relatively little has been said about how such structures engage with security institutions at the national level to respond to changing security threats or balance security policies with national development needs.

Research is largely conducted with little regard for the intricate mechanisms through which constitutional systems facilitate intergovernmental cooperation, harmonize policies with national priorities, and incorporate measures of democratic accountability. The gap is most evident in countries like Jordan, whose recent constitutional changes introduced new governance mechanisms designed to enhance national security and political stability. These trends highlight the need for a more sophisticated analysis of how constitutional provisions play out in practice and their implications for governance and institutional coordination. Through examination of these hitherto underresearched fields, this study seeks to add a deeper understanding of how constitutional law influences the functioning of national security agencies and their capacity to promote stability in the Middle East.

This research fulfills the fundamental literature gap in its focus on the real practice of constitutional systems and their influence on issues of governance and security. It analyzes not only the theoretical foundations of constitutional design, but also the real efficacy of such mechanisms in ensuring checks and balances, democratic politics, and national development priorities. By exploring alignment of constitutional provision to socio-political conditions and institutional imperatives, this study aims to offer practical advice on how constitutional law can be applied in a way that optimizes governance stability and effectiveness in the region. In doing so, it addresses literature gaps and offers an overview of the diverse role of constitutional law in political structures and stability in the Middle East.

The theoretical–conceptual framework of this study integrates governance theory, organizational effectiveness theory, and policy alignment theory to analyze the role of constitutional law in shaping government structures and stability in the Middle East. The governance theory puts more focus on institutional structures in shaping policy outcomes and effective governance. At the Middle East regional level, constitutional laws enacting defined roles and responsibilities to state institutions lead in fostering stability and accountability (Al-Ali & Stiansen, 2022). Separation of power, one of the cornerstones of constitutional law, is an area where legislative, executive, and judiciary powers have independent powers but enact checks and balance on each other (Benomar, 2004; Dawood, 2015). Organizational effectiveness theory, as developed by Daft (2016), focuses on the importance of clearly defined roles, responsibilities, and coordination structures for the achievement of operational efficiency. The theory is applicable in describing how Middle Eastern constitutional designs facilitate the functioning of government institutions, such as national security organs (Al-Sawalha, 2016; Gerschewski, 2013). Effective coordination among such institutions is important in addressing complex security problems and the stability of the system of governance (Bellin, 2012). Besides, organizational arrangements provided under constitutional law may be vital to the operational integrity of the government, especially if the separation of powers is clearly established (Moustafa, 2007; Xu, 2024).

Policy congruence theory holds the view that security policies and national development goals should be congruent with one another so that national problems are meaningfully addressed (Skowronek & Orren, 2019). As argued by Wolfers (1952) and Al-Sawalha (2016), congruence ensures that stability is developed in the long term and the effectiveness of governance policies is enhanced. For long-term growth and political stability in the Middle East, where constitutions are likely to balance traditional values and modern principles of governance, national security policies must be in harmony with national priorities (Albrecht & Schlumberger, 2004; Gerschewski, 2013). This harmony renders the governance structures strong against regional threats and periods of transition (Al-Ali & Stiansen, 2022; Anderson, 2011).

Democratic governance theory emphasizes the role of constitutional institutions in achieving transparency, accountability, and citizen participation in the decision-making process (Law & Versteeg, 2011). This is a suitable approach to examine the role of constitutional law in determining government outcomes in the Middle East, where recent constitutional evolution has been aimed at democratic checks and protection of civil liberties (Hinnebusch, 2006; Zhu & Kouroutakis, 2019). Through holding the government institutions accountable to the people and in terms of law, constitutional orders have the capacity to establish people’s trust in government and deliver long-term stability (Bellin, 2012; Al-Sawalha, 2016). Together, these models of theory present an intergrated scheme through which one may understand how constitutional law contributes to the form of governments and long-term stability in the Middle East. This study looks into the relationship between constitution provisions, effective institutions, and policy congruence. The aim is to demonstrate how the constitutional framework facilitates stability and governance within the region.

To Q1, constitutional values are the underpinning of institutions of governance, outlining the distribution and exercise of political power in states. In the Middle East, with regimes varying from monarchies to republics and from authoritarian regimes to nascent democracies, constitutional values serve to ensure stability, accountability, and legitimacy. The section covers three main constitutional principles of separation of powers, rule of law, and electoral systems and examines how they affect stability in governance throughout the region. The analysis uses the outcome of AHP, which quantifies the relative weight of each principle and combines information from theoretical literature to add a comprehensive view of their contributions.

Separation of powers is a constitutional doctrine that consecrates the separation of powers of the government into the three branches of government: the judiciary, the executive, and the legislature. It keeps power out of the hands of a single organ and promotes accountability and prevention of authoritarianism. In the Middle East, where the systems of governance are prone to authoritarianism, separation of powers is particularly significant in ensuring checks and balances. AHP results highlight the significance of separation of powers with a global average importance rating of 48.75%. It has been rated so highly to guarantee it precedes governance stability to prevent any branch from dominating the political scene. Table 3 displays the relative weights of forms of government to stability in government.

AHP calculation shows that separation of powers has a stronger impact than other subcriteria such as rule of law or electoral system. This finding concurs with Cross & Sorens (2016), who argue that poor separation of powers tends to lead to executive dominance, which undermines institutional accountability and fosters governance problems. For example, in Egypt and Jordan, there are provisions under the constitutions that formally differentiate powers but actually allow the executive to frequently supplant legislative and judicial roles. Formalization of the differentiation of powers with better-defined constitutional parameters and means of enforcement might contribute to more stable governance and to public institutions being trusted.

The rule of law ensures that all and institution, including the government, are subject to the same legal framework. This principle safeguards fairness, equality, and justice and results in government stability. In the Middle East region, where legal systems in most instances are faced with transparency and impartiality challenges, the rule of law is highly significant in ensuring institutional accountability and maintaining politics free from manipulation. The AHP results assign a value of 18.75% to the rule of law, demonstrating its superiority in governance stability. Aisheh et al. (2023) posit that absence of an independent judiciary undermines the rule of law and erodes public confidence in governance. In Egypt, for example, though constitutional mentions emphasize the primacy of law, uneven application has led to arbitrary detention and absence of judicial independence. The enhancement of the rule of law requires open legal regimes, independent judiciary, and accountability structures for state actions. By ensuring application of the laws always, constitutional systems can achieve fairness and justice, thereby reaching political stability.

Electoral systems determine political participation, representation, and legitimacy. An effective electoral system ensures inclusive government with every political voice represented. Electoral systems in the Middle East either solidify fragmentation or reinforce unity based on how they are framed in highly polarized political settings. AHP analysis assigns electoral systems a 7.5% weight due to their contribution toward political stability, but secondary to separation of power or rule of law. Heydemann & Leenders (2011) observe that proportional representation systems and the institutions that operate them, such as Tunisia, have been commended for being inclusive and enabling smooth transitions of power. At the same time, sectarian-based electoral systems like in Lebanon have entrenched cleavages and hindered good governance. Electoral reforms grounded on transparency, representation, and inclusivity can entrench democratic rule and reverse systemic injustices.

Separation of powers, rule of law, and electoral systems are intrinsic constitutional pillars that guide governing structures across the Middle East. AHP findings highlight separation of powers (48.75%) and rule of law (18.75%), both indicating an overabundance in accountability as well as equity. Significantly lower but salient are electoral systems (7.5%), the very element so crucial in terms of inclusivity as well as representation. By filling the gaps in enforcement and implementation, policymakers are then able to consolidate governance stability and make positive contributions toward sustainable development.

To Q2, although theoretically crucial, in practice, separation of powers in the Middle East normally meets with major challenges. Executive supremacy over parliament and judiciary undermines its capacity to play effective checks and balances in most states. Separation of powers is the mainstay of constitutional government for purposes of avoiding aggregation of powers within a single arm of government. However, in practice, few Middle Eastern states are capable of maintaining this postulate due to entrenched political traditions. In Egypt and Jordan, for instance, constitutional assurances nominally separate the executive, legislature, and judicial powers. Still, the executive tends to avoid legislative action and affects the judiciary’s appointments and disbands checks and balances. Vollmann et al. (2022) state that the absence of effective mechanisms and institutions that lack adequate independence to enforce anything enables executives to build power that exacerbates issues of governance as well as degrades citizen faith in institutions.

Judicial independence is the second fundamental ingredient to ensuring the efficacy of checks and balances. An independent judiciary occupies the mandate function of facilitating constitutional traditions in fair application of law and dispensing just resolutions to dispute. Middle East courts remain under pressures of political branches during most of such states and limiting the function to that of an act to serve as a check of the state.

For example, political intervention in the appointment and rulings of the judiciary in Iraq and Lebanon has eroded the independence of the judiciary. Brown (2011) states that the absence of an independent judiciary not only erodes public confidence in the government, but also exacerbates political instability. Improving judicial independence requires reforms to guarantee appointing transparency, protect judges from political pressure, and empower courts to render interpretations and enforcement of the law without reprisal. AHP analysis further clarifies the relative significance of subcriteria under Political Stability (C2) to ensure checks and balances. Table 4 presents the pairwise comparison matrix of political stability.

The research indicates that civil rights (international relevance: 15%) and an impartial judiciary (international relevance: 6.75%) are both necessary to ensure political stability. Maintenance of civil rights, such as freedom of association and speech, prevents social disturbance and generates trust in the system. Similarly, maintenance of a neutral judiciary guarantees stability as it resolves conflicts impartially and enforces constitutional standards. Civil liberties keep political rebellions at bay and create lasting stability. The safeguarding of natural rights such as freedom of association, speech, and assembly offers individuals a chance to protest their grievance and also criticize leaders. In Tunisia, for example, the 2014 constitution guarantees robust protection for civil liberties, which facilitated Tunisia’s relatively smooth transition to democracy. Conversely, stringent restrictions on civil liberties in Syria have fueled mass discontent and prolonged strife. As pointed out by Heydemann & Leenders (2011), inclusive constitutional frameworks that render civil liberties highest can also encourage social solidarity and reduce unrest.

Mechanisms of conflict resolution, weaker than judicial autonomy or civil rights, are still crucial to limit the likelihood of violent conflict. Constitutional frameworks that possess well-defined procedures for political and social conflict resolution result in stability in the long term. For instance, the post-apartheid South African constitution possesses robust conflict resolution mechanisms that have ensured the maintenance of peace and stability. Sectarian institutions in the Middle East, such as Lebanon, ensure perpetuation of divisions and hamper effective governance. Kao & Lust (2025) emphasize inclusive constitutions that remedy systemic disequilibrium and facilitate peaceful conflict resolution. Constitutional checks and balances in the Middle East will be successful only if problems of executive domination, judicial independence, and protecting civil liberties are solved. While separation of powers and independence of the judiciary are theoretically significant, in reality, their provision is often interfered with by politicized forces. It becomes clear that judicial independence, civil rights, and mechanisms for resolving disagreements are the necessary components of ensuring compliance of constitutional regimes with stability goals. Policymakers can ensure stability in governance and promote sustainable development by providing gaps in implementation and enforcement.

While responding to Q3, an appropriately drafted constitution has to be drafted on the grounds of national security and political stability objectives in pursuit of the governmental institutions that will be able to address satisfactorily the regional issues at hand. Political realities in the Middle East, which are most times unstable on grounds of historical, social, and geopolitical realities, need constitutional institutions that can avail leadership compositions contributing to stability and solidity. The study identifies three principal factors – judicial independence, mechanisms for conflict resolution, and civil liberties – through which such a convergence can be possible. These are the most significant in addressing issues like social unrest, institutional accountability, and ending violent conflicts, which are the essence of the achievement of larger goals of national security and political stability.

Civil Liberties (SC2.1, 15%): Protection of fundamental rights is essential to prevent social unrest and promote public confidence in the government. Freedom of speech, assembly, association, and religion are civil rights that allow citizens to express their complaints, participate in the government of the nation, and hold their leaders accountable. In the Middle East, where for centuries authoritarianism has restricted individual freedom, protection of civil liberties is the way to democratic governance and political stability. Constitutional realignment with emphasis on civilian rights at the heart of all else can ensure inclusivity and allay tensions via mechanisms of redressing natural unbalances and triggering activism by the citizens, since Dawood (2015) is presumed to have Tunisia’s 2014 constitution, for instance, as it enshrines strong protection for civil rights, thanks to allowing peaceful transition in power and consolidating social cohesion. Conversely, excessive over-limitative regulation of civil liberties in countries like Egypt has achieved extremely high rates of dissatisfaction, leading to sustained conflict and worsening national security. Freedom House (2023) acknowledges that decreases in civil liberties across several Middle Eastern countries have allowed for lowered public trust in the government, hence further fueling political instability. Through such protection by constitutional guarantees and independent oversight agencies, governments are able to establish strong institutions that do not succumb to instability and instead ensure long-term stability.

Judicial Independence (SC2.2, 6.75%): Independent judiciary is the core to ensuring stability by ensuring differences are resolved equally and constitutional rules are respected. Judicial independence ensures fair application of the law and disagreement settled without discrimination. Judicial independence is most needed in the Middle East, where the courts generally are in discredit as much regarding openness and justice as they can be, to ensure institutional accountability free from political control.

As Tamir (2013) notes, an independent judiciary is at the heart of transitional justice mechanisms because it guarantees that past injustices are addressed and constitutional values are upheld. For example, Morocco’s 2011 constitutional reforms aimed to enhance judicial independence by establishing independent oversight bodies. However, their implementation remains problematic, as noted by Hinnebusch (2006), who argues that deep-rooted authoritarian practices have a tendency to undermine judicial autonomy. Judicial independence has to be enhanced by clear legal systems, independent judicial structures, and institutional processes of accountability of government actions. Endless application of the law ensures constitutional frameworks drive justice and equity, and hence political stability. Conflict Resolution Mechanisms (SC2.3, 4.5%): Efficient conflict resolution mechanisms can reduce possibilities of violent conflict and guarantee peaceful coexistence in society. Constitutional systems that minimize ambiguity in processes of political and social conflict resolution contribute to long-term stability. The post-apartheid South African constitution, for instance, has efficient mechanisms for conflict resolution that have guaranteed peace and stability. Sectarian-narrow frameworks such as those found in Lebanon have the potential to deepen cleavages, and effective governance in the Middle East is difficult. Anderson (2011) is convinced that inclusive constitutional frameworks that break systemic inequalities and encourage peaceful management of conflict are very crucial. In the same vein, al-Fatlawi and al-Daboubi (2021) elaborate on how much legal instruments are involved in resolving conflicts in a fair way. They contend that the remedies for unjust enrichment under Jordanian civil law represent an exemplar of the ways in which legal frameworks can be utilized for the resolution of disputes and avoidance of their escalation. By integrating useful mechanisms of dispute resolution into constitutional frameworks, policymakers can provide a framework for peaceful dispute settlement and social cohesion.

To guarantee national security and political stability goals through constitutional means, one must carefully balance between protecting individual liberties and security interests. Overemphasizing security interests at the expense of civil liberties can erode public trust and heighten tensions. Conversely, neglecting security concerns can generate instability and tensions. As per Hinnebusch (2006), Middle Eastern authoritarian resilience is most often defended in the name of stability, but does harm long-term performance as a ruler. Constitutional structures can, however, strike a balance between addressing the immediacy of needs and providing room for long-term development in terms of stressing civil rights, independence of the judiciary, and conflict management institutions. Constitutional setups are congruent with national security and political stability objectives premised upon the protection of civil liberties, guaranteeing judicial independence, and institutionally ensuring healthy mechanisms of conflict resolution. These factors have a particular relevance in the Middle Eastern context, as political institutions are tendentially polarized and susceptible to instability. In terms of filling gaps in implementation and enforcement, policymakers can more effectively ensure governance stability and assist in promoting sustainable development. The ideas that scholars like Dawood (2015), Tamir (2013), and Anderson (2011) have put forth reflect how important it is to design constitutions that are fair, accountable, and representative of all the citizens. While these changes are being formulated, they can help in reformulating the political landscape of the region, resulting in a more fair and effective system of governance for the future.

To respond to Q4, constitutional law forms the foundation for democratic government by instilling values promoting accountability, transparency, and people’s participation. In states like the Middle East, whose democratic government is derailed by historical autocracy, political turmoil, and societal disintegration, constitutional structures play a highly vital role in institution-building, leading to increased accountability and keeping states away from going back to authoritarianism.

AHP analysis shows that the three most important factors that aid democratic government and institutional responsibility are Rule of Law, Civil Liberties, and Electoral Systems. These factors do not only check governmental action in accordance with law, but also confirm that individuals are able to take part actively in the government and are able to believe in institutions.

Rule of Law (18.75%): Of constitutional law’s contribution to democratic rule, arguably, the most crucial is the doctrine of the rule of law. It makes everyone and the institution, including the state, equal in the eyes of the law and prevents arbitrary authority and enables justice, fairness, and equality. Constitutional reforms that emphasize the rule of law can be a basis for democratization, especially in post-conflict states, as noted by Dawood (2015). For example, Tunisia’s 2014 constitution emphasizes the primacy of law, which has been attributed to ensuring peaceful transfers of power and institutional accountability. Nonetheless, the rule of law is not strictly observed in the majority of Middle Eastern nations. Widespread evidence of arbitrary detention, lack of judicial independence, and discriminatory use of law undermine public confidence in the state, Freedom House (2023) asserts. A robust rule of law depends on explicit rules of law, independent courts, and an effective mechanism of government action accountability. By applying law impartially, constitutional governments can be able to ensure fairness and impartiality, enhancing more political stability and democracy.

Civil Liberties (15%): Guarantees the protection of civil liberties as a fundamental pillar of constitutional law that sustains democratic governance. Civil liberties like freedom of speech, association, assembly, and religion are what give citizens strength to criticize grievances, participate in governance, and hold leaders to account. In the Middle East, where through historical convention, authoritarian governments have smothered freedom, protecting civil liberties is the pivot on which political stability and democratic rule rest. As Anderson (2011) argues, the Arab Spring demonstrated the capability of civil liberties to fuel citizen activism and combat authoritarian regimes. Tunisia’s smooth democratic transition, say, has been made possible because it constitutionally guaranteed civil freedoms, whereas Egypt’s failure of these freedoms is a key driver of the perennial conflicts and decreasing trust of people in the state. Hinnebusch (2006) contends that stability needs can be used to justify authoritarian resilience within the region, yet the reaction will often have the effect of decreasing the effectiveness of governance in the long term. Governments can construct firm, institution-building stability that avoids unrest by implementing civil liberties within constitutional structures and creating independent oversight entities.

Electoral Systems (7.5%): Electoral systems play a key role in endorsing political representation and inclusiveness, the very basis of democratic government. An effective electoral system guarantees that the various political voices are heard and citizens wield influence to exert in governance. Electoral systems are allocated 7.5% of their mark under AHP ranking in recognition of their function in the fulfillment of political stability, but much lesser than the rule of law or guarding of civil liberties. For instance, scholars credit Tunisia’s proportional representation with creating inclusiveness and facilitating orderly power transition. In contrast, Lebanese sectarian-based electoral systems have entrenched cleavages and hindered good governance. Tamir (2013) opines that constitutionally more open and representative designs can make democratic rule secure and turn system imbalances around. Election reforms that ensure fair and open processes, protection against election tampering, and promotion of active participation of citizens are needed for building trust in government and preventing political manipulation.

Where democratic government is fragile, constitutional provision must support institutional responsibility mechanisms to prevent relapse into authoritarianism. Civil liberties ensure citizen confidence and engagement in the process of governance, while the rule of law ensures legal accountability of governmental acts. However, electoral systems improve political representativeness and inclusiveness. All these come together to offer a foundation of democratic government ensuring transparency, accountability, and effective citizen engagement. Constitutional arrangement coordination with goals of national defense and overall political stability is also essential. For instance, upholding civil liberties ensures peace against social turmoil, and a neutral court resolves disputes fairly and applies constitutional regulations. According to Al-Fatlawi and al-Daboubi (2021), mechanisms in the legal framework, such as the unjust enrichment under Jordanian civil law, show the constitutionally defined capability of settling grievances and preventing enrichment. Through the integration of effective mechanisms of dispute settlement within constitutional regimes, lawmakers are able to establish a platform for peaceful conflict resolution and ensuring social solidarity. Constitutional law is most important to institutional accountability and democratic governance in the Middle East. The AHP analysis concludes that electoral institutions, civil liberties, and rule of law are variables of first choice in fostering transparency, accountability, and citizen participation. By filling gaps in implementation and enforcement, policymakers are able to enhance stability in governance and ensure sustainable development. Fairness-oriented, accountable, and citizen-inclusive constitutional arrangements have been explained by some researchers, including Dawood (2015), Anderson (2011), and Hinnebusch (2006), as being exceedingly important. As these reforms are realized, they stand to alter the political landscape of the region to a more just and effective system of governance for generations to come.

To respond to Q5, the study identifies three core domains of constitutional reform that have the potential to significantly contribute to Middle Eastern governance stability: enhancing the separation of powers, maintaining the rule of law, and protecting civil liberties. These reforms address critical loopholes in existing constitutional provisions and provide a strategic roadmap for policymakers to create systems of governance that promote transparency, accountability, and inclusivity. By addressing these areas first, Middle Eastern governments can react to key challenges to governance and create robust political systems that ensure stability, trust, and sustainable development.

Among the most imperatively required subjects of reform is enforcement of firmly established divisions of power between the government branches – executive, legislative, and judicial. Separation of powers is the foundation of democratic rule aimed at avoiding concentration of authority in a single branch and affording a mechanism of checks and balances. Yet in many Middle Eastern countries, executive dominance invades legislative and judicial independence and inhibits substantive checks and balances. For instance, in Egypt and Jordan, constitutionally on paper, there is a separation of powers, but in practice, the executive bypasses legislative roles and makes contributions in the appointment of judges. Vollmann et al. (2022) say that weak enforcement mechanisms and institutions that are not adequately independent enable executives to centralize power, thus enhancing governance challenges and eroding citizens’ trust in institutions. To mend this flaw, constitutions of nations in the Middle East should be drafted or amended to definitely list powers and responsibilities of all branches of the government. Having checks and balances implemented by independent commissions or committees of parliament would ensure that no executive power can be exercised and would encourage cross-checks. Constitutional reforms will reduce the rate of authoritarianism and ensure no single branch of the government overshadows the political machinery by providing a strict duty separation and checks. All these changes will strengthen democratic government, increase transparency, and promote equal enforcement of the rule of law among the various branches of the government.

The second to be transformed is the encouragement of legal transparency and access and strengthening judicial independence. Rule of law covers all citizens and institutions, including the state, under a single umbrella of law, so that everyone enjoys equality, justice, and fairness. In the Middle East, courts also too often experience transparency and fairness issues; the rule of law should be maintained to ensure the accountability of the government as well as avoid political manipulation. Brown (2013) contends that the absence of an independent judiciary is a breach of the rule of law and erodes government trust by citizens. For example, political interference with the appointment and rulings of the judges in Lebanon and Iraq weakened the judicial strength to be free from interference. Improving the judicial independence is subject to the reform that institutes transparency in the process of appointments, shields the judges from the political interference, and allows for courts to execute and interpret law without fear of revenge. In addition, improving legal transparency means providing citizens with laws and ensuring that legal processes are predictable and fair. Through implementation of the rule of law, governments can improve public confidence in legal institutions and political stability by ensuring that government activities are subject to a legal test. This provides a foundation for the resolution of disputes fairly, which is crucial in maintaining peace and order in society.

The promotion and protection of civil liberties is the third dimension of constitutional reform. Civil liberties, such as freedom of speech, assembly, religion, and the press, are critical to the functioning of a democratic society and political stability. Inscribing such rights in constitutional texts and positively safeguarding them are the requirements for developing public confidence, citizen participation, and social harmony. The policymakers must give highest priority to the inscription of fundamental rights in constitutional provisions and the establishment of autonomous monitoring authorities for ensuring adherence by the government to civil liberties. For instance, the 2014 Tunisian constitution has robust protections for civil liberties, which have been attributed with ensuring peaceful regime change and national cohesion. By contrast, the authoritarian restrictions of civil liberties in Syria have bred mass discontent and extended conflict.

Freedom House (2023) highlights that the erosion of civil liberties in certain Middle Eastern countries has also contributed to declining public trust in the government, exacerbating political instability. By safeguarding these fundamental rights and holding state institutions accountable for their implementation, policymakers can promote active citizenship and enable the creation of an active civil society. When people feel that their rights are protected, they are more likely to trust government institutions and participate more in the democratic process, which leads to a cohesive and stable society.

The three primary areas for constitutional reform – strengthening the separation of powers, strengthening the rule of law, and protecting civil liberties – are key steps toward strengthening government institutions and political stability in the Middle East. These reforms, prioritized by importance based on the AHP analysis, offer policymakers a tool for establishing constitutional frameworks that foster openness, accountability, and participation. By engaging in these industries, Middle Eastern governments can tackle core challenges to governance and build robust political institutions that underpin stability, trust, and sustainable development. As reforms are formulated, they can contribute to remaking the region’s political landscape, building a more equitable and effective system of governance for future generations.

The study shows how important constitutional law is in shaping the operations of Middle Eastern governments. It offers practical details on basic rules, checks and balances, their efficacy in conforming to national aspirations, democratic government, and areas of improvement. In addressing these areas comprehensively, it offers a roadmap for Middle Eastern governments to improve institutional accountability, ensure civil liberties, and foster political stability in the long run. These activities aim at creating a governance system that is effective and fair, ensuring sustainable development and public trust in institutions.

Constitutional law constitutes the cornerstone of government, offering values that guide government institutions and achieve stability. Most significant among these values are separation of powers, rule of law, and electoral systems. Separation of powers prevents concentration of power by dividing the work among the executive, legislative, and judiciary bodies and facilitating accountability. Rule of law holds each and every institution accountable as per the legal frameworks by providing justice and equality. Electoral mechanisms choose the avenue through which the citizens are involved in governing the nation and influence the representation and legitimacy. AHP analysis calculates the importance of separation of powers (global weight: 48.75%) and how pivotal it is in creating stable government institutions. Constitutional reforms that promote such principles can be the foundation on which to base a democratic transition, particularly in post-conflict countries, Dawood (2015) suggests. Tunisia’s 2014 constitution, for example, enshrines robust guarantees of such principles that have served to safeguard its relatively stable democratic transition. In Egypt and elsewhere, however, loose enforcement has rendered governance ineffective, as pointed out by Freedom House (2023). Enshrining such foundation principles through thoughtful constitutional reforms consolidates stability in governance and public trust.

The fortunes of constitutional provisions in furnishing checks and balances vary in the Middle East. While separation of powers is important in theory, in reality, it is generally frustrated by vested political interests. In Jordan and Morocco, for example, constitutional provision formally separates powers, but in reality, it typically lapses into customary executive hegemony. The asymmetry, Anderson (2011) contends, erodes institutional accountability and fuels governance problems. Judicial independence is also extremely important in the guarantee of decisions that are subject to checks and balances. An impartial judiciary is important in the protection of constitutional ideals through the fair application of rules and administration of justice according to what is just. Judicial power in most Middle Eastern countries, however, is still vulnerable to manipulation by the executive, and thereby their roles as checks on state power are compromised.

Judicial independence is guaranteed through reforms that enhance transparency of appointment, shield judges from politics, and grant the courts the freedom to make judgments and interpret the law free from intimidation. Policymakers argue that closing enforcement and implementation loopholes is at the core of embedding constitutional checks and balances.

Constitutional interventions need to be aligned to general national security and political stability objectives. Securing civil liberties, such as freedom of expression and association, is critical in averting unrest and fostering social cohesion. Judicial independence and institutions of conflict resolution also ensure long-term stability as they allow for the adjudication of conflicts and enforcement of constitutional essentials in a fair manner. Tamir (2013) is of the opinion that independent judiciary is at the helm of transitional justice mechanisms that provide redress for historic injustice and constitutional essentials. In the same way, al-Fatlawi and al-Daboubi (2021) explain how legal mechanisms actually solve disputes in a fair way. For them, the provisions of unjust enrichment in Jordanian civil law illustrate how legal systems can be designed in a way that reverses injustices and prevents them getting out of control. Through the incorporation of viable tools of conflict resolution in constitutional design, policymakers can provide foundations for the peaceful resolution of conflict and social harmony. Constitutional law is relevant to the provision of democratic governance and institutional accountability. This occurs through the assurance of such values as the rule of law, civil rights, and political institutions.

Civil liberties are given a global weight of 15% by the AHP estimate and show how much it contributes toward making political stability a reality.

Protecting basic rights and freedoms provides citizens with the ability to voice grievance and hold leaders accountable. Electoral processes, while less critical, continue to play an important role in making government stability a reality through enhancing representation and inclusiveness. In the view of Hinnebusch (2006), calls for stability tend to apologize for authoritarian longevity in the region, but for the most part operate to undermine good governance in the long term. By foregrounding democratic values, constitutional regimes can establish good institutions that eschew anarchy and ensure stability in the long term. Three most significant fields of constitutional reform are outlined by the study: entrenching the separation of powers, strengthening the rule of law, and guaranteeing civil liberties. Such reforms provide a strategic agenda for policymakers to introduce constitutional arrangements providing transparency, accountability, and inclusiveness. Figure 1 summarizes the three large steps toward entrenching government institutions and political stability in the Middle East. Entrenching the separation of powers involves getting constitutions written or rewritten to establish clear divisions of power between branches of government. The rule of law is upheld through open legal codes and unbiased judicial bodies. Safeguarding civil liberties involves enshrining fundamental freedoms in constitutional protections and establishing independent watchdog agencies to monitor government compliance. Through such reforms, Middle Eastern governments can surmount serious challenges to governance and build sound political systems that promote stability, trust, and long-term development. Constitutional law plays a constituent role in developing governance institutions and enhancing political stability in the Middle East. The response of the study to the five research questions gives us useful information on basic principles, checks and balances, goal alignment with the nation, democratic government, and reform priorities. Middle Eastern governments can institutionalize accountability, protect civil liberties, and ensure lasting stability in the political atmosphere, and thus establish an efficient and equitable system of governance through selective constitutional reform.

Fig. 1:

The three main actions needed to improve government structures and political stability in the Middle East.