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OverviewConstitutionalism, 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. Full Product DetailsAuthor: Rainer Grote (Dr., Dr., Max Planck Institute for Comparative Public Law and International Law) , Tilmann J. Röder (Dr., Dr., Max Planck Institute for Comparative Public Law and International Law)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 25.70cm , Height: 5.10cm , Length: 18.80cm Weight: 1.882kg ISBN: 9780190627645ISBN 10: 0190627646 Pages: 992 Publication Date: 22 September 2016 Audience: General/trade , General Format: Hardback Publisher's Status: Active Availability: Manufactured on demand ![]() We will order this item for you from a manufactured on demand supplier. Table of ContentsPreface (Grote / Röder / El-Haj) Editors' Note on Transliterations Introduction (Grote / Röder) Prologue: Constitutional Debates in the Arab Spring (Grote / Röder) Part 1: Power and Legitimacy 1.1. The Legitimacy of Constitution-making Processes in the Arab World: An Islamic Perspective (An-Na'im) 1.2. Legitimacy of Constitution-making Processes: Reflections from the Perspective of International Law (Wolfrum) 1.3. Regimes' Legitimacy Crises in International Law: Libya, Syria and their Competing Representatives (D'Aspremont) 1.4. The Process of Institutional Transformation in Tunisia after the Revolution (M'Rad) 1.5. Religious Authorities and Constitutional Reform: The Case of Al-Azhar in Egypt (Hefny) 1.6. The Arab Spring and Constitutional Reforms in Jordan: A Historical and Legal Appraisal (Al-Khasawneh) 1.7. Winter is Coming: Authoritarian Constitutionalism Under Strain in the Gulf (Parolin) 1.8. Constitutional Reform in Oman: Rights Granted under Reserve (Al-Azri) Part 2: What Basis for Statehood: Religion or Citizenship? 2.1. Al-Dawlah al-Madan?yah: A Concept to Reconcile Islam and Modern Statehood? (El-Daghili) 2.2. Islam and the Constitutional State - Are They in Contradiction? (Horchani) 2.3. State and Religion in the Aftermath of the Arab Uprisings (Jebnoun) 2.4. The Relationship between Constitutions, Politics, and Islam: A Comparative Analysis of the Maghreb Countries (Dupret) 2.5. Contesting Islamic Constitutionalism after the Arab Spring: Islam in Egypt's Post Mub?rak Constitutions (Brown / Lombardi) 2.6. The Caliphate State: A Basis of Modern Statehood? (Khan) Part 3: What Kind of Government: Civilian or Military? 3.1. State Control over the Military or Military Control over the State? A Comparison of Selected Arab Constitutions (Röder) 3.2. Changes in Civil-Military Relationships after the Arab Spring (Droz-Vincent) 3.3. The Changing Role of the Military in Mauritania (Babana) 3.4. The Grip of the Army on Algeria's Political System (Benchikh) 3.5. The Role of the Army in a Multi-community Society: The Case of Lebanon (Messarra) Part 4: The Fragile Basis of Democracy and Development 4.1. The Anatomy of the Arab Spring (2011-2015) (Bassiouni) 4.2. The Difficult Path towards Democracy: New Electoral Systems in Egypt, Libya and Tunisia (Debbeche) 4.3. Centralized or Decentralized State Structures? Tendencies in the Arab Transition States (Philippe) 4.4. The Legal Status of the Kurds in Iraq and Syria (Bammarny) 4.5. The Separation and Distribution of Powers under the New Morocco Constitution (Biagi) 4.6. The Quest for a New Economic Order in Egypt's Constitutional Transformation (Bälz / Schöller-Schletter) Part 5: Liberty, Equality, and the Rights of Minorities 5.1. International Human Rights Law as a Framework for Emerging Constitutions in the Arab Countries (Mahmoudi) 5.2. Civil and Political Rights as a Precondition for Democratic Participation (Al-Midani) 5.3. Citizenship Rights in Selected Arab Constitutions (Al-Awadhi) 5.4. Linguistic and Cultural Rights in the Arab Constitutions - From Arabism to Linguistic and Cultural Diversity (Karimi) 5.5. Tunisia After the Arab Spring: Women's Rights at Risk? (Gallala-Arndt) 5.6. Reflections on Women's Rights in Yemen: Opportunities and Challenges (Alawi) 5.7. Religious Minorities under Pressure: The Situation in Egypt, Iraq and Syria (Faraj) 5.8. Rights of Religious Minorities in Sudan (Ibrahim Abdelgabar) Part 6: Constitutional Courts: New Guardians of the Constitutions? 6.1. Constitutional Review in Arab Countries: Dawn of a New Era? (Grote) 6.2. Morocco's Constitutional Court After the 2011 Reforms (Bernoussi) 6.3. The Mauritanian Constitutional Court after the Military Coup of 2008 (Bouboutt) 6.4. Constitution Reform and the Rise of Constitutional Adjudication in Jordan (Hammouri) 6.5. An International Constitutional Court: Bulwark Against the Erosion of Constitutional Democracy (Ben Achour) Part 7: International Influences and Interactions 7.1. The Relationship between International Law and National Law in the New and Amended Arab Constitutions (El-Haj) 7.2. Turkish Constitutionalism: A Model for Reforms in Arab Countries? (Bâli) 7.3. The Arab Spring and the Development of Islamic Constitutionalism in Iran (Banisadr / Rezaei) 7.4. Lessons from the Iraqi Constitution-making Process (Hamoudi) 7.5. Impulses from the Arab Spring on the Palestinian State-Building Process (Khalil) 7.6. The European Union and the Constitution-making Processes in the Arab World: Observer or Actor? (Tohidipur) Epilogue: The Constitutional Legacy of the Arab Spring (Grote / Röder) List of Contributors IndexReviewsThis superb book approaches constitutional change in the Arab world by taking perspectives from the region seriously. With its mix of scholarly and practitioner perspectives, it will be an important record of the political fallout of the Arab Spring and an invaluable resource for English-language readers who do not have access to many of the internal debates. A sophisticated and important contribution. - Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School In the midst of chaotic global events, Islamic Law has been quietly undergoing a renaissance from within. This book contributes to that important movement by creating space for Muslim scholars to debate the future of Islamic Law from within its parameters. If yours has been among the chorus of voices asking, Where are the intelligent, informed, moderate voices in todays discussions about Islamic Law? this is the book you have been waiting for. - Christie S. Warren, Professor of the Practice of International and Comparative Law, Director, Center for Comparative Legal Studies, William and Mary Law School This impressive book provides a uniquely comprehensive description and analysis of the Arab Spring uprisings and of the early phases of post Arab-Spring transformations in the MENA region. The editors, highly respected experts and scholars, have organized the book thematically. In each thematic section, a distinguished group of contributors from within and outside the region, explores developments in a broad cross section of Arab Spring countries. Taken together, the chapters provide us with a view of the Arab Spring that is notable for both its breadth and depth. It will be of great use to scholars and researchers in a wide variety of fields. - Clark B. Lombardi, UW Law Foundation Professor of Law, Director of Islamic Legal Studies, University of Washington School of Law Constitutionalism, Human Rights, and Islam after the Arab Spring is a herculean effort undertaken by leading authorities in the field of comparative constitutionalism. It draws from a wide variety of voices to give a full account of the contemporary state of constitutionalism throughout the Arab world, managing in a single work to combine seamlessly contributions from world class international heavyweights and local underappreciated figures alike. I am not aware of a parallel work on Arab constitutionalism that has drawn on such a rich combination of domestic and international scholars to tell this compelling story. - Haider Ala Hamoudi, Associate Dean for Research & Faculty Development; Associate Professor of Law, University of Pittsburgh School of Law This is an ambitious, almost brash, collection. It seeks to bring together historical, legal, religious, political, and philosophical analysis in order to understand both the relationship between Islam and constitutionalism and the actual constitutional experiences of Muslim societies. The editors and contributors are to be commended for pooling their efforts to produce both breadth and depth. This will be a standard reference on the subject for many years to come. Nathan J. Brown, Professor of Political Science and International Affairs, George Washington University This volume is, without a doubt, the new standard for the field of constitutionalism and Islamic law. It is comprehensive in scope, sophisticated in its application and subtle in its identification of problems. It gathers in one place the absolute top authorities on the historical, conceptual, legal and political dimensions of constitutionalism in the Muslim world. There is no other single volume which comes close to accomplishing what this one has. Andrew March, Associate Professor of Political Science, Yale University This book is a solid, comprehensive, and enticing contribution to constitutionalism in the Muslim world. Some chapters provide novel and detailed studies of countries which have rarely been the subject of serious interest, and others revisit the experience of modern constitutionalism in places like Iran and Egypt with a fresh view drawn from the experience of constitutional courts and councils. Roder and Grote have succeeded in bringing in one volume an impressive collection of scholarly contributions in an understudied and crucial field at a time of great upheaval-and great need-in the Middle East and the Muslim world at large. Chibli Mallat, The Custodian of the Two Holy Places Visiting Professor in Islamic Legal Studies, Harvard Law School This volume presents a solid basis for further insight and research and should feature in any library dedicated to constitutionalism or the constitutions in the region. -Arab Regional Forum News, Dr. Achim-Rudiger Borner, Attorney at law, Cologne Author InformationRainer Grote is a Senior Research Fellow and head of the project on Constitutions of the Countries of the World at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and lecturer of law at the University of Heidelberg. He was a Visiting Professor at universities in France (Paris II), Turkey, and Chile and has worked as a legal expert and consultant on law reform projects in Latin America, Africa, and Asia. He teaches and writes in the fields of constitutional law, comparative law and public international law. Recent publications include Constitutionalism in Islamic Countries: Between Upheaval and Continuity (Oxford University Press, 2012 with Tilmann Roeder) and EMRK/GG: Konkordanzkommentar, second edition (2013 with Oliver Doerr and Thilo Marauhn). His research areas include constitutional law, comparative law and human rights law. Tilmann J. Röder is a Managing Director of the Max Planck Foundation for International Peace and the Rule of Law in Heidelberg, Germany. His recent research has focused on the subjects of rule of law and constitution building in Afghanistan, Pakistan, Iraq, Libya, and Kashmir. Together with Rainer Grote he organizes an ongoing series of lectures on Law & Development. He holds a law degree from Humboldt University of Berlin and a doctorate degree from Goethe University Frankfurt. His recent publications include Constitutionalism in Islamic Countries: Between Upheaval and Continuity (Oxford University Press, 2012 with Rainer Grote) and ""Civil-Military Cooperation in Building the Rule of Law"" (in Rule of Law Dynamics, 2012). He is a Member of the Advisory Panel on Civilian Crisis Prevention of the German Federal Government. Tab Content 6Author Website:Countries AvailableAll regions |