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Author : Zaid Al-Ali
Publisher : Cambridge University Press
Page : 333 pages
File Size : 53,9 Mb
Release : 2021-08-19
Category : History
ISBN : 9781108429702
An insider's account and analysis of the largest concentration of constitutional reform since the end of the cold war.
Author : Rainer Grote,Tilmann J. Röder,Ali M. El-Haj
Publisher : Oxford University Press
Page : 993 pages
File Size : 42,8 Mb
Release : 2016
Category : Law
ISBN : 9780190627645
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This collection of essays, written by an expert team of constitutional and comparative law scholars and practitioners, provides an overview of the recent constitutional experience of Arab countries, explores the potential and actual impact of Islam and Sharia on the notion of modern cons.
Author : Nimer Sultany
Publisher : Oxford University Press
Page : 417 pages
File Size : 54,7 Mb
Release : 2017
Category : History
ISBN : 9780198768890
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Author : Antoni Abat i Ninet,Mark Tushnet
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 49,9 Mb
Release : 2015-10-30
Category : HISTORY
ISBN : 9781785361609
Approaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the ‘Arab Spring’. Writing with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a ‘theory of revolutions’ that helps us understand events occurring at divergent times at geographically separate locations. This question is meticulously analyzed through the detailed examination of specific developments relevant to the ideas of revolution and constitutionalism in several nations affected by the Arab Spring. Case studies focus on Morocco and Libya as examples of unsuccessful revolutions, as well as Tunisia and Egypt. These lead the authors to consider the nature of constitutionalism itself and the concept of illiberal but non-authoritarian constitutions: a particularly pressing concern given the prominent contemporary discussions of the role of shari’a in post-Arab Spring constitutions. The Arab Spring will offer new insights to scholars, researchers and students of law and the political sciences, in particular those focusing on theories of revolution, democracy, constitutional law, Islamic constitutionalism and legal theory.
Author : Nathan J. Brown
Publisher : State University of New York Press
Page : 263 pages
File Size : 55,8 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791489680
The collapse of authoritarian regimes and the global resurgence of liberal democracy has led to a renewed interest in constitutions and constitutionalism among scholars and political activists alike. This book uses the Arab experience to explain the appeal of constitutional documents to authoritarian regimes and assesses the degree to which such constitutions can be used in the effort to make the regimes more accountable.
Author : Rainer Grote,Tilmann Röder
Publisher : Oxford University Press
Page : 768 pages
File Size : 49,9 Mb
Release : 2012-01-11
Category : Law
ISBN : 9780199910168
Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
Author : Saïd Amir Arjomand
Publisher : BRILL
Page : 402 pages
File Size : 45,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9789004151741
This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.
Author : Anthony Billingsley
Publisher : Routledge
Page : 527 pages
File Size : 42,8 Mb
Release : 2009-12-16
Category : History
ISBN : 9781135182571
Political succession is a key issue in the contemporary Middle East. In this new study the author examines the process and shows how respect for those in authority and tribal codes of loyalty have been far more influential in maintaining regimes than security institutions and political repression. The Arab world is faced by political turmoil and demands for reform. Many of the problems of the region are attributed to the form of leadership that dominates the area, leadership that is authoritarian and focused on regime survival rather than political change. The book highlights the ways in which family loyalties pervade political, economic and social life and how constitutions are being used to consolidate the power of ruling families in republics and monarchies. The volume explores the notion that the region’s rulers, monarchic and republican, are inclined to pass their power on to their sons, and evaluates the use they make of family and tribal networks to maintain their power. The work sees to demonstrate that despite economic and social problems, Arabs value stability and prefer an authoritarian family-based regime than government run by Islamist groups. Providing new insights into the influences on political succession in the Middle East, this work will be of great interests to scholars of Middle East studies, history and international relations.
Author : Jeremy Kleidosty
Publisher : Routledge
Page : 260 pages
File Size : 44,9 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317037477
Are Western and Islamic political and constitutional ideas truly predestined for civilizational clash? In order to understand this controversy The Concert of Civilizations begins by deriving and redefining a definition of constitutionalism that is suitable for comparative, cross-cultural analysis. The rule of law, reflection of national character, and the clear delineation and limitation of governmental power are used as lenses through which thinkers like Cicero, Montesquieu, and the authors of The Federalist Papers can be read alongside al-Farabi, ibn Khaldun, and the Ottoman Tanzimat decrees. Bridging the civilizational divide is a chapter comparing the Magna Carta with Muhammad’sConstitution of Medina, as both documents can be seen as foundational within their traditions. For the first time in political theory, this text also provides a sustained, detailed analysis of Khayr al-Din al-Tunisi’s book The Surest Path, which explains his fusion of Muslim and Western ideas in his writing of Tunisia’s first modern constitution, which is also the first constitution for a majority-Muslim state. Finally, the book discusses the Arab Spring through a brief overview of the revolutions in Egypt, Libya, and Tunisia, and offers some early thoughts about Tunisia’s uniquely successful revolution.
Author : Abdelhak Azzouzi,André Cabanis
Publisher : Unknown
Page : 250 pages
File Size : 40,5 Mb
Release : 2017
Category : Arab Spring, 2010-
ISBN : 9782343118130
Any claim at examining the issue of "Moroccan neo-constitutionalism : meeting the challenge of the Arab Spring" is both a necessary and paradoxical task. It is necessary to the extent that we cannot ignore the time that has been chosen for the promulgation of the new July 2011 Constitution, with the aim of meeting the expectations of the different components of the population, particularly the youth. Institutional reforms are not enough to solve all problems, although they provide a strong signal of the ability of the leaders to take into account the bitterness and hopes which, in the rest of the Arab world, have taken a violent form that has generated alternate phases of rioting and repression with their ensuing succession of deaths, sometimes blind persecutions, and economic crisis. Morocco, at least, has managed to avoid such a situation. The examination is a paradoxical one since the constitutional text is set in a continuity that very few countries can match, including a regular development of recognized and protected human rights and civil liberties, in a transition time of a little less than 50 years. This has been coupled by an extension of the role of the head of the government and assemblies, with the appearance and acceptation of a real constitutional control and recognition of the values of decentralization and independent institutional flourishing.
Author : Carlo Panara,Gary Wilson
Publisher : Martinus Nijhoff Publishers
Page : 306 pages
File Size : 54,8 Mb
Release : 2013-01-08
Category : Law
ISBN : 9789004243415
The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.
Author : George N. Sfeir
Publisher : Unknown
Page : 298 pages
File Size : 49,8 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105060369191
This is a major study of the definition and effects of "Modernization" on 20th century Arab law communities and their societies. Focus is on the codification and implementation of legal change in the post-1945 era of nation building and patterns of reform interaction between Islamic and Western law in the Middle East.
Author : Tommaso Virgili
Publisher : Routledge
Page : 214 pages
File Size : 55,6 Mb
Release : 2021-09-15
Category : Law
ISBN : 9780429535093
This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.
Author : Ahmed A. Saif
Publisher : Unknown
Page : 51 pages
File Size : 45,7 Mb
Release : 2004
Category : Democratization
ISBN : 9948400356
Author : Elizabeth F. Thompson
Publisher : Harvard University Press
Page : 397 pages
File Size : 47,5 Mb
Release : 2013-04-15
Category : History
ISBN : 9780674076198
The Arab Spring uprisings of 2011 were often portrayed in the media as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law, a struggle obstructed by local elites as well as the interventions of foreign powers. Elizabeth F. Thompson uncovers the deep roots of liberal constitutionalism in the Middle East through the remarkable stories of those who fought against poverty, tyranny, and foreign rule. Fascinating, sometimes quixotic personalities come to light: Tanyus Shahin, the Lebanese blacksmith who founded a peasant republic in 1858; Halide Edib, the feminist novelist who played a prominent role in the 1908 Ottoman constitutional revolution; Ali Shariati, the history professor who helped ignite the 1979 Iranian Revolution; Wael Ghonim, the Google executive who rallied Egyptians to Tahrir Square in 2011, and many more. Their memoirs, speeches, and letters chart the complex lineage of political idealism, reform, and violence that informs today’s Middle East. Often depicted as inherently anti-democratic, Islam was integral to egalitarian movements that sought to correct imbalances of power and wealth wrought by the modern global economy—and by global war. Motivated by a memory of betrayal at the hands of the Great Powers after World War I and in the Cold War, today’s progressives assert a local tradition of liberal constitutionalism that has often been stifled but never extinguished.
