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Constitutionalism in Islamic Countries Between Upheaval and Continuity 1st Edition by Rainer Grote, Tilmann Röder 9780199759880 019975988X

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Constitutionalism in Islamic Countries Between Upheaval and Continuity 1st Edition Rainer Grote Digital Instant Download

Author(s): Rainer Grote, Tilmann J. Röder
ISBN(s): 9780199759880, 019975988X
Edition: 1
File Details: PDF, 4.29 MB
Year: 2012
Language: english
SKU: EB-5400680 Categories: , Tags: ,

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Product details:

ISBN 10: 019975988X

ISBN 13: 9780199759880

Author: Rainer Grote, Tilmann J. Röder

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.”

Table of contents:

PART 1: CONSTITUTIONALISM AND ISLAM: CONCEPTUAL ISSUES
Chapter 1.1: Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law
Chapter 1.2: The Centrality of Sharī‘ah to Government and Constitutionalism in Islam
Chapter 1.3: The Separation of Powers in the Tradition of Muslim Governments

PART 2: INTERRELATIONS BETWEEN CONSTITUTIONALISM AND SHARĪ’AH: ANTAGONISM OR COMPLEMENTARITY?
Chapter 2.1: Constitutionalism in Islamic Countries: A Survey from the Perspective of International Law
Chapter 2.2: The Limited Applicability of Sharī‘ah under the Constitution of Nigeria
Chapter 2.3: Constitutionalism in the Maghreb: Between French Heritage and Islamic Concepts
Chapter 2.4: The Relationship between the Constitution and the Sharī‘ah in Egypt
Chapter 2.5: Secularism in Islamic Countries: Turkey as a Model
Chapter 2.6: The Kingdom of Jurists: Constitutionalism and the Legal Order in Iran
Chapter 2.7: Islam and the Constitutional Foundations of Pakistan
Chapter 2.8: Constitutionalism, Islam, and National Identity in Malaysia

PART 3: INSTITUTIONAL CONTROL OF CONSTITUTIONALISM
Chapter 3.1: Models of Institutional Control: The Experience of Islamic Countries
Chapter 3.2: Constitutional Jurisdiction and Its Limits in the Maghreb
Chapter 3.3: The Turkish Constitutional Court as a Defender of the Raison d’Etat?
Chapter 3.4: A Different Approach to the Control of Constitutionalism: Iran’s Guardian Council
Chapter 3.5: The Last Defender of Constitutional Reason? Pakistan’s Embattled Supreme Court
Chapter 3.6: Malaysia: The Politics of the Judiciary

PART 4: CONSTITUTIONALISM AND SEPARATION OF POWERS
Chapter 4.1: The Separation of Powers in Muslim Countries: Historical and Comparative Perspectives
Chapter 4.2: Strong Presidentialism: The Model of Mubārak’s Egypt
Chapter 4.3: The Separation of Powers in a Fragmented State: The Case of Lebanon
Chapter 4.4: Yemen: A Burgeoning Democracy on the Arab Peninsula?
Chapter 4.5: Post-Soviet Central Asia: The Limits of Islam
Chapter 4.6: The Rise of Presidentialism in Post-Soviet Central Asia: The Example of Kazakhstan
Chapter 4.7: Westminster Democracy in an Islamic Context: Pakistan, Bangladesh, Malaysia
Chapter 4.8: Indonesia: A Presidential System with Checks and Balances

PART 5: EMERGING CONSTITUTIONS IN ISLAMIC COUNTRIES
Chapter 5.1: Constitution-Making in Islamic Countries—A Theoretical Framework
Chapter 5.2: Constitutionalism and Islam in Libya
Chapter 5.3: Quo Vadis Sudan? Sharī‘ah and Human Rights after the Secession of South Sudan
Chapter 5.4: Statehood and Constitution-Building in Somalia: Islamic Responses to a Failed State
Chapter 5.5: Constitution-Making and State-Building: Redefining the Palestinian Nation
Chapter 5.6: The Protection of Human Rights in the Palestinian Territories
Chapter 5.7: Islam and the State in Iraq: The Post-2003 Constitutions
Chapter 5.8: Constitutional Legitimacy in Iraq: What Role Local Context?
Chapter 5.9: The Separation of Powers and the Problem of Constitutional Interpretation in Afghanistan
Chapter 5.10: Constitutionalism in an Islamic Republic: The Principles of the Afghan Constitution and the Con

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Tags: Rainer Grote, Tilmann Röder, Constitutionalism, Islamic