Constitutionalism Human Rights And Islam After The Arab Spring
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Constitutionalism Human Rights And Islam After The Arab Spring
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Author : Rainer Grote
language : en
Publisher: Oxford University Press
Release Date : 2016
Constitutionalism Human Rights And Islam After The Arab Spring written by Rainer Grote and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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 Arab countries. This collection of essays, written by an expert team of constitutional and comparative law scholars and practitioners, provides an overview of the recent constitutional experience of Arab countries, explores the potential and actual impact of Islam and Sharia on the notion of modern cons.
The Arab Spring
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Author : Antoni Abat i Ninet
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30
The Arab Spring written by Antoni Abat i Ninet and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with HISTORY categories.
Approaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the ‘Arab Spring’. Writing with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a ‘theory of revolutions’ that helps us understand events occurring at divergent times at geographically separate locations. This question is meticulously analyzed through the detailed examination of specific developments relevant to the ideas of revolution and constitutionalism in several nations affected by the Arab Spring. Case studies focus on Morocco and Libya as examples of unsuccessful revolutions, as well as Tunisia and Egypt. These lead the authors to consider the nature of constitutionalism itself and the concept of illiberal but non-authoritarian constitutions: a particularly pressing concern given the prominent contemporary discussions of the role of shari’a in post-Arab Spring constitutions. The Arab Spring will offer new insights to scholars, researchers and students of law and the political sciences, in particular those focusing on theories of revolution, democracy, constitutional law, Islamic constitutionalism and legal theory.
Islam Constitutional Law And Human Rights
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Author : Tommaso Virgili
language : en
Publisher: Routledge
Release Date : 2021-09-15
Islam Constitutional Law And Human Rights written by Tommaso Virgili and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-15 with Law categories.
This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.
Law And Revolution
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Author : Nimer Sultany
language : en
Publisher: Oxford University Press
Release Date : 2017
Law And Revolution written by Nimer Sultany and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with History categories.
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Islam And Democracy After The Arab Spring
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Author : John L. Esposito
language : en
Publisher: Oxford University Press, USA
Release Date : 2016
Islam And Democracy After The Arab Spring written by John L. Esposito and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Political Science categories.
The landscape of the Middle East has changed dramatically since 2011, as have the political arena and the discourse around democracy. In Islam and Democracy after the Arab Spring, John L. Esposito, John Voll, and Tamara Sonn examine the state of democracy in Muslim-majority societies today. Applying a twenty-first century perspective to the question of whether Islam is compatible with democracy, they redirect the conversation toward a new politics of democracy that transcends both secular authoritarianism and Political Islam. While the opposition movements of the Arab Spring vary from country to country, each has raised questions regarding equality, economic justice, democratic participation, and the relationship between Islam and democracy in their respective countries. Does democracy require a secular political regime? Are religious movements the most effective opponents of authoritarian secularist regimes? Esposito, Voll, and Sonn examine these questions and shed light on how these opposition movements reflect the new global realities of media communication and sources of influence and power. Positioned for a broad readership of scholars and students, policy-makers, and media experts, Islam and Democracy after the Arab Spring will quickly become a go-to for all who watch the Middle East, inside and outside of academia.
The Arab Spring
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Author : Carlo Panara
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-01-08
The Arab Spring written by Carlo Panara and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-08 with Law categories.
The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.
Constitutionalism In Islamic Countries Between Upheaval And Continuity
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Author : Rainer Grote
language : en
Publisher: Oxford University Press
Release Date : 2012-01-11
Constitutionalism In Islamic Countries Between Upheaval And Continuity written by Rainer Grote and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-11 with Law categories.
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."
Democracy
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Author : Eugene Cotran
language : en
Publisher: BRILL
Release Date : 1999-01-01
Democracy written by Eugene Cotran and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Religion categories.
This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.
Political And Constitutional Transitions In North Africa
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Author : Justin Frosini
language : en
Publisher: Routledge
Release Date : 2014-12-05
Political And Constitutional Transitions In North Africa written by Justin Frosini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-05 with Political Science categories.
The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields. Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies.
Constitutionalism Human Rights And Islam After The Arab Spring
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Author : Rainer Grote
language : en
Publisher: Oxford University Press
Release Date : 2016-07-25
Constitutionalism Human Rights And Islam After The Arab Spring written by Rainer Grote and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-25 with Law categories.
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 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.