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Author: Zaid Al-Ali
Publisher: Cambridge University Press
Published: 2021-08-19
Total Pages: 333
ISBN-13: 110842970X
DOWNLOAD EBOOKAn insider's account and analysis of the largest concentration of constitutional reform since the end of the cold war.
Author: Nimer Sultany
Publisher: Oxford University Press
Published: 2017
Total Pages: 417
ISBN-13: 0198768893
DOWNLOAD EBOOKWhat 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: Nathan J. Brown
Publisher: State University of New York Press
Published: 2012-02-01
Total Pages: 263
ISBN-13: 079148968X
DOWNLOAD EBOOKThe 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
Publisher: Oxford University Press, USA
Published: 2012-02-16
Total Pages: 755
ISBN-13: 019975988X
DOWNLOAD EBOOKConstitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Author: Zaid Al-Ali
Publisher: Cambridge University Press
Published: 2021-08-19
Total Pages: 333
ISBN-13: 1108610935
DOWNLOAD EBOOKAfter the 2011 uprisings started in Tunisia and swept across the Arab region, more than a dozen countries amended their constitutions, the greatest concentration of constitutional reform processes since the end of the Cold War. This book provides a detailed account and analysis of all of these developments. Individual accounts are provided of eight different reform processes (including Tunisia, Egypt, Libya, Yemen and Sudan), with particular focus on the historical context, the political dynamics, the particular process that each country followed and the substantive outcome. Zaid Al-Ali deconstructs the popular demands that were made in 2011 and translates them into a series of specific actions that would have led to freer societies and a better functioning state. A revolution did not take place in 2011, but it is inevitably part of the region's future and Arab Constitutionalism explores what that revolution could look like.
Author: Noah Feldman
Publisher: Princeton University Press
Published: 2021-08-03
Total Pages: 218
ISBN-13: 0691227934
DOWNLOAD EBOOKThe Arab Spring promised to end dictatorship and bring self-government to people across the Middle East. Yet everywhere except Tunisia it led to either renewed dictatorship, civil war, extremist terror, or all three. In The Arab Winter, Noah Feldman argues that the Arab Spring was nevertheless not an unmitigated failure, much less an inevitable one. Rather, it was a noble, tragic series of events in which, for the first time in recent Middle Eastern history, Arabic-speaking peoples took free, collective political action as they sought to achieve self-determination.
Author: Zaid Al-Ali
Publisher: Yale University Press
Published: 2014-02-18
Total Pages: 305
ISBN-13: 0300187262
DOWNLOAD EBOOKAn unbarred account of life in post-occupation Iraq and an assessment of the nation's prospects for the future
Author: Rainer Grote
Publisher: Oxford University Press
Published: 2016-07-25
Total Pages: 993
ISBN-13: 0190627662
DOWNLOAD EBOOKConstitutionalism, 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.
Author: Martin Loughlin
Publisher: Harvard University Press
Published: 2022-05-17
Total Pages: 273
ISBN-13: 0674268024
DOWNLOAD EBOOKA critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
Published: 2018-06-21
Total Pages: 0
ISBN-13: 9781107694545
DOWNLOAD EBOOKWhat role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
