Constitutionalism in Islamic Countries: Between Upheaval and Continuity by Rainer GroteConstitutionalism in Islamic Countries: Between Upheaval and Continuity by Rainer Grote

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

byRainer Grote, Tilmann Roder

Hardcover | February 7, 2012

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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 andSouthern 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 ofcomparative 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, includingfundamental 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."
Rainer Grote is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and an Adjunct Professor of Law at the University of Gottingen, Germany. He was a Visiting Professor at universities in France (Paris II), Turkey, and Chile and has worked as a legal expert and consultant ...
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Title:Constitutionalism in Islamic Countries: Between Upheaval and ContinuityFormat:HardcoverDimensions:768 pages, 7.4 × 10.12 × 1.81 inPublished:February 7, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019975988X

ISBN - 13:9780199759880

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Table of Contents

Grote and Roder: IntroductionGrote and Roder: PrefacePART I: CONSTITUTIONALISM AND ISLAM: CONCEPTUAL ISSUES1. Kamali: Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law2. Abou El Fadl: The Centrality of Shar?'ah to Government and Constitutionalism in Islam3. Quraishi: The Separation of Powers in the Tradition of Islamic StatehoodPART II: INTERRELATIONS BETWEEN CONSTITUTIONALISM AND SHARI'A: ANTAGONISM OR COMPLEMENTARITY?1. Wolfrum: Constitutionalism in Islamic Countries: A Survey from the Perspective of International Law2. Ebuku: The Limited Applicability of Sharah under the Constitution of Nigeria3. Le Roy: Constitutionalism in the Maghreb: Between French Heritage and Islamic Concepts4. Sherif: The Relation between Constitution and Shar?'ah in Egypt5. Ozbudun: Secularism in Islamic Countries: Turkey as a Model6. Arjomand: The Kingdom of Jurists: Constitutionalism in Iran7. Lau: Islam and the Constitutional Foundations of Pakistan8. Harding: Constitutionalism, Islam and National Identity in MalaysiaPART III: INSTITUTIONAL CONTROL OF CONSTITUTIONALISM1. Grote: Models of Institutional Control: The Experience of Islamic Countries2. Gallala: Constitutional Jurisdiction and its Limits in the Maghreb3. Can: The Turkish Constitutional Court as a Defender of the Raison d'Etat4. Shirvani: A Different Approach to the Control of Constitutionalism: Iran's Guardian Council5. Khan: The Last Defender of Constitutional Reason? Pakistan's Embattled Supreme Court6. Lee: Malaysia: The Politics of the JudiciaryPART IV: CONSTITUTIONALISM AND SEPARATION OF POWERS1. Roder: The Separation of Powers: Historical and Comparative Perspectives2. Bernard-Maugiron: Strong Presidentialism: The Model of Egypt3. Koch: The Separation of Powers in a Fragmented State: The Case of Lebanon4. Shamiri / Wurth / Glosemeyer: Yemen: A Burgeoning Democracy on the Arab Peninsula?5. Akbarzadeh: Post-Soviet Central Asia: The Limits of Islam6. Kembayev: The Rise of Presidentialism in Post-Soviet Central Asia: The Example of Kazakhstan7. Grote: Westminster Democracy in an Islamic Context: Pakistan, Bangladesh, Malaysia8. Hosen: Indonesia: A Presidential System with Checks and BalancesPART V: EMERGING CONSTITUTIONS IN ISLAMIC COUNTRIES1. Afsah: Constitution-Making in Islamic Countries - A Theoretical Framework2. Mezran: Constitutionalism and Islam in Libya3. Bockenforde: Sharah and Human Rights in the Interim Constitution of Sudan4. Elliesie: Statehood and Constitution Building in Somalia: Islamic Responses to a Failed State5. Khalil: Constitution-Making and State-Building: Redefining the Palestinian Nation6. Cotran / Brown: The Protection of Human Rights in the Palestinian Territories7. Istrabadi: Islam and the State in Iraq: The Post-2003 Constitutions8. Al-Ali: Constitutional Legitimacy in Iraq: What Role Local Context?9. Hashimzai: The Separation of Powers and the Problem of Constitutional Interpretation in Afghanistan10. Moschtaghi: Constitutionalism in an Islamic Republic: The Principles of the Afghan Constitution and the Conflicts between themList of ContributorsIndex