Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author: Rainer Grote

Publisher: Oxford University Press

Published: 2012-01-11

Total Pages: 755

ISBN-13: 0199910162

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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

Constitutionalism in Islamic Countries

Author: Rainer Grote

Publisher:

Published: 2012

Total Pages: 730

ISBN-13: 9780190259921

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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, Human Rights, and Islam After the Arab Spring

Constitutionalism, Human Rights, and Islam After the Arab Spring

Author: Rainer Grote

Publisher: Oxford University Press

Published: 2016

Total Pages: 993

ISBN-13: 0190627646

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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.


Democracy under God

Democracy under God

Author: Dawood Ahmed

Publisher: Cambridge University Press

Published: 2023-02-28

Total Pages: 233

ISBN-13: 1009325078

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The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.


Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2014

Total Pages: 283

ISBN-13: 1107047668

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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.


The Struggle for Iraq's Future

The Struggle for Iraq's Future

Author: Zaid Al-Ali

Publisher: Yale University Press

Published: 2014-02-18

Total Pages: 305

ISBN-13: 0300187262

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An unbarred account of life in post-occupation Iraq and an assessment of the nation's prospects for the future


Iran Revisited

Iran Revisited

Author: Ali Pirzadeh

Publisher: Springer

Published: 2016-04-20

Total Pages: 348

ISBN-13: 3319304852

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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.


The Asian Yearbook of Human Rights and Humanitarian Law

The Asian Yearbook of Human Rights and Humanitarian Law

Author:

Publisher: BRILL

Published: 2018-08-13

Total Pages: 522

ISBN-13: 9004346880

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The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 2 is Islamic Law and its Implementation in Asia and the Middle East.


Islamic State as a Legal Order

Islamic State as a Legal Order

Author: Federico Lorenzo Ramaioli

Publisher: Routledge

Published: 2022-04-04

Total Pages: 212

ISBN-13: 1000566579

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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.


Political and Constitutional Transitions in North Africa

Political and Constitutional Transitions in North Africa

Author: Justin Frosini

Publisher: Routledge

Published: 2014-12-05

Total Pages: 197

ISBN-13: 1317597451

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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.