The Enactment Of Constituent Power In The Arab World

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Constitutional Ratification Without Reason

Author : Jeffrey A. Lenowitz
Publisher : Oxford University Press
ISBN 13 : 0198852347
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Constitutional Ratification Without Reason by : Jeffrey A. Lenowitz

Download or read book Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz and published by Oxford University Press. This book was released on 2022-03-10 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Rainer Grote
Publisher : Oxford University Press
ISBN 13 : 0199910162
Total Pages : 755 pages
Book Rating : 4.1/5 (999 download)

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

Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Rainer Grote and published by Oxford University Press. This book was released on 2012-01-11 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0191081442
Total Pages : 369 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017-02-16 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Constituent Moments

Author : Jason Frank
Publisher : Duke University Press
ISBN 13 : 0822391686
Total Pages : 362 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Constituent Moments by : Jason Frank

Download or read book Constituent Moments written by Jason Frank and published by Duke University Press. This book was released on 2010-01-04 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

The Palestinian Constitutional Court

Author : Osayd Awawda
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527580172
Total Pages : 340 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Palestinian Constitutional Court by : Osayd Awawda

Download or read book The Palestinian Constitutional Court written by Osayd Awawda and published by Cambridge Scholars Publishing. This book was released on 2022-02-06 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

Women and War in the Middle East

Author : Doctor Nicola Pratt
Publisher : Zed Books Ltd.
ISBN 13 : 1848138040
Total Pages : 290 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Women and War in the Middle East by : Doctor Nicola Pratt

Download or read book Women and War in the Middle East written by Doctor Nicola Pratt and published by Zed Books Ltd.. This book was released on 2013-07-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and War in the Middle East provides a critical examination of the relationship between gender and transnationalism in the context of war, peace-building and post-conflict reconstruction in the Middle East. Critically examining the ways in which the actions of various local and transnational groups - including women's movements, diaspora communities, national governments, non-governmental actors and multilateral bodies - interact to both intentionally and inadvertantly shape the experiences of women in conflict situations, and determine the possibilities for women's participation in peace-building and (post)-conflict reconstruction, as well as the longer-term prospects for peace and security. The volume pays particular attention to the ways in which gender roles, relations and identities are constructed, negotiated and employed within transnational social and political fields in the conflict and post-conflict situations, and their particular consequences for women. Contributions focus on the two countries with the longest experiences of war and conflict in the Middle East, and which have been subject to the most prominent international interventions of recent years - that is, Iraq and the Occupied Palestinian Territories. Issues addressed by contributors include the impact of gender mainstreaming measures by international agencies and NGOs upon the ability of women to participate in peace-building and post-conflict resolution; the consequences for gender relations and identities of the US-led invasion and occupation of Iraq; and how transnational feminist movements can most effectively support peace building and women's rights in the region. Based entirely on original empirical research. Women and War in the Middle East brings together some of the foremost scholars in the areas of feminist international relations, feminist international political economy, anthropology, sociology, history and Middle East studies.

Law and Revolution

Author : Nimer Sultany
Publisher : Oxford University Press
ISBN 13 : 0198768893
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Law and Revolution by : Nimer Sultany

Download or read book Law and Revolution written by Nimer Sultany and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Enactment of Constituent Power in the Arab World

Author : Asem Khalil
Publisher :
ISBN 13 : 9783719026127
Total Pages : 303 pages
Book Rating : 4.0/5 (261 download)

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Book Synopsis The Enactment of Constituent Power in the Arab World by : Asem Khalil

Download or read book The Enactment of Constituent Power in the Arab World written by Asem Khalil and published by . This book was released on 2006 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Experimental Legal Education in a Globalized World

Author : Mutaz Qafisheh
Publisher : Cambridge Scholars Publishing
ISBN 13 : 144389544X
Total Pages : 540 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Experimental Legal Education in a Globalized World by : Mutaz Qafisheh

Download or read book Experimental Legal Education in a Globalized World written by Mutaz Qafisheh and published by Cambridge Scholars Publishing. This book was released on 2016-06-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal education is currently undergoing a paradigm shift. Traditional law instruction, lecturing and memorizing have become a fading fashion, with legal clinics increasingly cropping up. These allow law students to practice while studying and to contribute to social justice as part of the educational process. Students no longer accept one-way interaction from their professors, and demand interaction with their peers in various corners of the globe. The Middle East is no exception here. Legal clinics can be found in most countries of the region, though there is scant literature on legal education in the area, particularly with regards to clinical legal education. This book fills this gap, and offers comparative cases that will benefit legal educators and justice practitioners in the Middle East and beyond. The region needs reform in all dimensions, including the political, economic, social, religious, legal, and educational. Legal education lies at the heart of securing such long awaited reforms. The book examines legal education within selected locations in the region, underscoring successful pedagogical models from various parts of the world. This peer-reviewed book focuses on practical legal education, where learning is student-centered, particularly clinical legal education, field work, street law, pro bono service, legal advice, simulations, placements/internships, moot courts and mock trials, problem-based learning, case analysis, group work, role-play, and brainstorming. The book brings together 28 chapters written by leading legal scholars from across the globe, all concerned with the advancement of legal education, with making it more interactive, and contributing to bridging the gap between powerful and powerless communities.

Entry-points to Palestinian Security Sector Reform

Author : Roland Friedrich
Publisher : DCAF
ISBN 13 : 9292220616
Total Pages : 183 pages
Book Rating : 4.2/5 (922 download)

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Book Synopsis Entry-points to Palestinian Security Sector Reform by : Roland Friedrich

Download or read book Entry-points to Palestinian Security Sector Reform written by Roland Friedrich and published by DCAF. This book was released on 2007 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Original versions: English and Arabic, Geneva and Ramallah, 2007"--T.p. verso.

Constitution Writing, Religion and Democracy

Author : Aslı Ü. Bâli
Publisher : Cambridge University Press
ISBN 13 : 9781107694545
Total Pages : 0 pages
Book Rating : 4.6/5 (945 download)

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Book Synopsis Constitution Writing, Religion and Democracy by : Aslı Ü. Bâli

Download or read book Constitution Writing, Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2018-06-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Israel in the Middle East

Author : Itamar Rabinovich
Publisher : UPNE
ISBN 13 : 9780874519624
Total Pages : 654 pages
Book Rating : 4.5/5 (196 download)

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Book Synopsis Israel in the Middle East by : Itamar Rabinovich

Download or read book Israel in the Middle East written by Itamar Rabinovich and published by UPNE. This book was released on 2008 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: An anthology of the most important documents on the domestic and foreign policy of the modern state of Israel, in relation to the rest of the Middle East

Constitutional Negotiations

Author : Sumit Bisarya and Thibaut Noel
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN 13 : 9176714144
Total Pages : 14 pages
Book Rating : 4.1/5 (767 download)

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Book Synopsis Constitutional Negotiations by : Sumit Bisarya and Thibaut Noel

Download or read book Constitutional Negotiations written by Sumit Bisarya and Thibaut Noel and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2021-04-26 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

On Compromise and Rotten Compromises

Author : Avishai Margalit
Publisher : Princeton University Press
ISBN 13 : 0691158126
Total Pages : 234 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis On Compromise and Rotten Compromises by : Avishai Margalit

Download or read book On Compromise and Rotten Compromises written by Avishai Margalit and published by Princeton University Press. This book was released on 2013-06-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A searching examination of the moral limits of political compromise When is political compromise acceptable--and when is it fundamentally rotten, something we should never accept, come what may? What if a rotten compromise is politically necessary? Compromise is a great political virtue, especially for the sake of peace. But, as Avishai Margalit argues, there are moral limits to acceptable compromise even for peace. But just what are those limits? At what point does peace secured with compromise become unjust? Focusing attention on vitally important questions that have received surprisingly little attention, Margalit argues that we should be concerned not only with what makes a just war, but also with what kind of compromise allows for a just peace. Examining a wide range of examples, including the Munich Agreement, the Yalta Conference, and Arab-Israeli peace negotiations, Margalit provides a searching examination of the nature of political compromise in its various forms. Combining philosophy, politics, and history, and written in a vivid and accessible style, On Compromise and Rotten Compromises is full of surprising new insights about war, peace, justice, and sectarianism.

Territory and Power in Constitutional Transitions

Author : George Anderson
Publisher : Oxford University Press
ISBN 13 : 0192573616
Total Pages : 556 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Territory and Power in Constitutional Transitions by : George Anderson

Download or read book Territory and Power in Constitutional Transitions written by George Anderson and published by Oxford University Press. This book was released on 2019-03-07 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

The Caliphate of Man

Author : Andrew F. March
Publisher : Belknap Press
ISBN 13 : 0674987837
Total Pages : 329 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Caliphate of Man by : Andrew F. March

Download or read book The Caliphate of Man written by Andrew F. March and published by Belknap Press. This book was released on 2019-09-17 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A political theorist teases out the century-old ideological transformation at the heart of contemporary discourse in Muslim nations undergoing political change. The Arab Spring precipitated a crisis in political Islam. In Egypt Islamists have been crushed. In Turkey they have descended into authoritarianism. In Tunisia they govern but without the label of “political Islam.” Andrew March explores how, before this crisis, Islamists developed a unique theory of popular sovereignty, one that promised to determine the future of democracy in the Middle East. This began with the claim of divine sovereignty, the demand to restore the sharīʿa in modern societies. But prominent theorists of political Islam also advanced another principle, the Quranic notion that God’s authority on earth rests not with sultans or with scholars’ interpretation of written law but with the entirety of the Muslim people, the umma. Drawing on this argument, utopian theorists such as Abū’l-Aʿlā Mawdūdī and Sayyid Quṭb released into the intellectual bloodstream the doctrine of the caliphate of man: while God is sovereign, He has appointed the multitude of believers as His vicegerent. The Caliphate of Man argues that the doctrine of the universal human caliphate underpins a specific democratic theory, a kind of Islamic republic of virtue in which the people have authority over the government and religious leaders. But is this an ideal regime destined to survive only as theory?