ABSTRACT
No transition from authoritarianism can be said to be accomplished unless full transparency and accountability are established over two important institutions, i.e., the military and the judiciary. A too close association between these two institutions and the executive power, namely when the military plays an overtly political role or the judiciary is kept on a short leash by the source of executive power, is seen as a legacy of the old authoritarian system. This chapter discusses the role of the Egyptian armed forces both during the uprising and immediately after, leaking into the deepest remits of the struggle for power between the military and the (Muslim Brotherhood-dominated) civilian elites. The Tunisian case tells a similar story, albeit significantly differing from the Egyptian one in terms of the legacy of civilian-military relations and its impact on the transition. Turning to the judiciary, in both cases it has been among the most conservative and change-resilient institutions. In this context, both political and civil society groups have demanded constitutional changes aimed not only at increasing democratic control over government institutions, but also at securing the independence of justice sector institutions and the fair application of the rule of law.
