Abstract

The task to reshape governments in the countries confronted with the Arab Spring prompts the question whether there are necessary conditions to realize a stable society that simultaneously seeks to eliminate the elements that have led to the uprisings. Acknowledging some constitutional rights seems indispensable in such a process. I argue that such a state of affairs is indeed the case, at least now that the ‘old’ justifications to differentiate between people do not suffice anymore. That is not to say that the countries involved will have identical laws in each respect, but merely that a common basis has to be realized, manifested in political and legal equality, so this given does not derogate from the fact that each country’s specific legislation needs to be shaped in the light of its own history. Such a basis has no ‘moral’ character, but is a necessary condition to prevent sedition.