Sectarianism and Constitutional Identity

Abstract

Constitution-making can face major issues in a country prone to sectarian uprisings or in countries in which one sect overly dominates others. This paper argues that while a constitution is needed to define the powers, rights, and duties of the institutions, and protect the people it represents, it also serves a crucial role in creating a shared sense of belonging and begins the necessary steps towards crafting a country’s identity. Using a moment of crisis as an opportunity to draft a new constitution is therefore an opportunity to confront sectarianism and create a constitution that is not just paper but is made substantive by a clear and legitimate identity. This paper explores how MENA regions can constructively tackle the transitional agenda that occurs during times of upheaval by analyzing the role of constitutions in countries that were built upon a sectarian structure and identity. This paper suggests that the process and steps which lead to a properly drafted constitutional document can play a key role in preventing sectarianism and can instead begin creating a shared identity that is able to promote and protect both majority and minority rights.

Keywords:

• Constitutional identity
• Constitution making
• sectarianism
• Lebanon
• Bahrain

Notes

1. This quote was obtained from a personal email correspondence with a Lebanese Author, Naji Bakhti, who is currently living in Beirut and has participated in popular demonstrations (November 12, 2019).

Additional information

Notes on contributors

Sanaa Alsarghali

Sanaa Alsarghali is an Assistant Professor of constitutional law and Director of the Constitutional Studies Center at An-Najah National University.