Constitutionalism In Islamic Countries Between Upheaval And Continuity

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Tilmann Röder (J.)
Publisher : Oxford University Press
Page : 755 pages
File Size : 53,6 Mb
Release : 2012-02-16
Category : LAW
ISBN : 9780199759880

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity by Tilmann Röder (J.) Pdf

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."

Constitutionalism in Islamic Countries

Author : Rainer Grote,Tilmann J. Röder
Publisher : Unknown
Page : 730 pages
File Size : 46,7 Mb
Release : 2012
Category : Constitutional law
ISBN : 0190259922

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Constitutionalism in Islamic Countries by Rainer Grote,Tilmann J. Röder Pdf

This volume 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 it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law, and legal history.

Constitutionalism in Islamic Countries

Author : Rainer Grote,Tilmann J. Röder
Publisher : Unknown
Page : 730 pages
File Size : 50,9 Mb
Release : 2024-05-21
Category : Constitutional law
ISBN : 0190626070

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Constitutionalism in Islamic Countries by Rainer Grote,Tilmann J. Röder Pdf

This text 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 it poses to established concepts of constitutionalism.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Rainer Grote,Tilmann Röder
Publisher : Oxford University Press
Page : 768 pages
File Size : 42,9 Mb
Release : 2012-01-11
Category : Law
ISBN : 9780199910168

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity by Rainer Grote,Tilmann Röder Pdf

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."

Constitutionalism, Human Rights, and Islam after the Arab Spring

Author : Rainer Grote,Tilmann J. Röder
Publisher : Oxford University Press
Page : 1200 pages
File Size : 44,7 Mb
Release : 2016-07-25
Category : Law
ISBN : 9780190627669

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Constitutionalism, Human Rights, and Islam after the Arab Spring by Rainer Grote,Tilmann J. Röder Pdf

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 book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.

Political and Constitutional Transitions in North Africa

Author : Justin Frosini,Francesco Biagi
Publisher : Routledge
Page : 184 pages
File Size : 41,7 Mb
Release : 2014-12-05
Category : Political Science
ISBN : 9781317597452

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Political and Constitutional Transitions in North Africa by Justin Frosini,Francesco Biagi Pdf

The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields. Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies.

Islam, Constitutional Law and Human Rights

Author : Tommaso Virgili
Publisher : Routledge
Page : 214 pages
File Size : 43,6 Mb
Release : 2021-09-15
Category : Law
ISBN : 9780429535093

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Islam, Constitutional Law and Human Rights by Tommaso Virgili Pdf

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.

Iran Revisited

Author : Ali Pirzadeh
Publisher : Springer
Page : 336 pages
File Size : 45,7 Mb
Release : 2016-04-20
Category : Political Science
ISBN : 9783319304854

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Iran Revisited by Ali Pirzadeh Pdf

This book examines Modern Iran through an interdisciplinary analysis of its cultural norms, history and institutional environment. The goal is to underline strengths and weaknesses of Iranian society as a whole, and to illustrate less prescriptive explanations for the way Iran is seen through a lens of persistent collective conduct rather than erratic historical occurrences. Throughout its history, Iran has been subject to many studies, all of which have diagnosed the country’s problem and prescribed solutions based on certain theoretical grounds. This book intends to look inward, seeking cultural explanations for Iran’s perpetual inability to improve its society. The theme in this book is based on the eloquent words of Nasir Khusrau, a great Iranian poet: “az mast ki bar mast”. The words are from a poem describing a self-adoring eagle that sees its life abruptly ended by an arrow winged with its own feathers—the bird is doomed by its own vanity. The closest interpretation of this idiom in Western Christian culture is “you reap what you sow”, which conveys a similar message that underlines one’s responsibility in the sense that, sooner or later, we must face the choices we make. This would enable us to confront – and live up to – what Iran’s history and culture have taught us.

Authoritarian Constitutionalism

Author : Helena Alviar García,Günter Frankenberg
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 46,8 Mb
Release : 2019
Category : Law
ISBN : 9781788117852

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Authoritarian Constitutionalism by Helena Alviar García,Günter Frankenberg Pdf

The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.

Law and Revolution

Author : Nimer Sultany
Publisher : Oxford University Press
Page : 320 pages
File Size : 44,6 Mb
Release : 2017-11-24
Category : Law
ISBN : 9780191081514

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Law and Revolution by Nimer Sultany Pdf

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.

Democracy Under God

Author : Dawood Ahmed,Muhammad Zubair Abbasi
Publisher : Cambridge University Press
Page : 233 pages
File Size : 54,7 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781107158054

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Democracy Under God by Dawood Ahmed,Muhammad Zubair Abbasi Pdf

Empirically analyzes Islam and human rights in constitutions of Muslim-majority states and theorizes why some adopted Islam in their constitutions.

Judicial Control of Public Administration in Afghanistan

Author : Mirwais Ayobi
Publisher : LIT Verlag Münster
Page : 282 pages
File Size : 49,8 Mb
Release : 2021-09
Category : Electronic
ISBN : 9783643913937

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Judicial Control of Public Administration in Afghanistan by Mirwais Ayobi Pdf

Judicial control of public administration is essential for the realisation of the rule of law and democracy. To date, there is virtually no effective judicial protection in Afghanistan. However, a study of Afghan legal history suggests that the country has certain - currently underdeveloped - institutions that could be used as the basis for the creation of judicial control. Based on a historical study, the book elaborates the pluralist legal culture of Afghanistan, rooted in tribal and Islamic legal conceptions alongside a State legal system. The author proposes practical solutions for the development of judicial control of public administration in Afghanistan.

The Ashgate Research Companion to Islamic Law

Author : Peri Bearman
Publisher : Routledge
Page : 360 pages
File Size : 47,6 Mb
Release : 2016-03-16
Category : Religion
ISBN : 9781317043065

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The Ashgate Research Companion to Islamic Law by Peri Bearman Pdf

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Islamic State as a Legal Order

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
Page : 212 pages
File Size : 45,7 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000566574

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Islamic State as a Legal Order by Federico Lorenzo Ramaioli Pdf

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.

Constitution Writing, Religion and Democracy

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 417 pages
File Size : 51,7 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107070516

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Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.