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Part 1 Power and Legitimacy, 1.1 The Legitimacy of Constitution-Making Processes in the Arab World: An Islamic Perspective

Abdullahi Ahmed An-Na’Im

From: Constitutionalism, Human Rights, and Islam after the Arab Spring

Rainer Grote, Tilmann J. Röder

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

The main thesis of this chapter can be summarized as follows. First, constitution-making is not only about writing and adopting a document called a constitution but also whether the outcome is a legitimate and sustainable constitution. Legitimacy here indicates both appropriate constitutional content as well as its well-informed popular acceptance. It is also important to note that any particular stage of the constitution-making process may be a step in the right direction despite its limitations or tensions with the principles of constitutionalism. To the extent...
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