Constitutionalism in Islamic Countries: Between Upheaval and ContinuityOxford University Press, 2012 M01 11 - 768 pages 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." |
Contents
3 | |
17 | |
INTERRELATIONS BETWEEN CONSTITUTIONALISM AND SHAR298AH ANTAGONISM OR COMPLEMENTARITY? | 75 |
INSTITUTIONAL CONTROL OF CONSTITUTIONALISM | 219 |
CONSTITUTIONALISM AND SEPARATION OF POWERS | 319 |
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2006 Constitution Abū accessed according administrative adopted Afghan Constitution Afghanistan appointed Arab authority Basic Law caliph Chamber civil Commission Committee concept Constitution of Iran constitutional amendments constitutional council constitutional court constitutional review constitutionalism Dār decision declared democracy democratic deputies draft elections established executive federal fiqh freedom fundamental God’s Guardian Council human rights independence institutions International Law interpretation Iran Iranian Iraq Iraq’s Iraqi Islamic law Islamic Republic Islamic Sharī‘ah issue JināÎ judges judicial judiciary jurisdiction jurists Justice Kamali Kazakhstan legislation legitimacy Libya limited Maghreb Majles majority Malaysia modern MuÎammad Muslim National Consultative Assembly Nigeria norms official Ottoman Pakistan Palestinian parliament parliamentary People’s political parties President presidential Prime Minister principles protection provisions Puntland Qur’ān reform regime religion religious role rule of law rulers scholars secular separation of powers Sharī‘ah Shī‘ite shūrā social Somalia sovereignty Sudan Supreme Court tion traditional ulamā University Press vote Yemen