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Vol 23 No 3 March/April 2018

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Constitutionalism, Human Rights, and Islam After the Arab Spring

ISBN13: 9780190627645
Published: September 2016
Publisher: Oxford University Press USA
Country of Publication: UK
Format: Hardback
Price: £120.00

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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 Arabic 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 Arabic 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.

Other Jurisdictions , Middle East
Preface (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