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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Islamic Constitutionalism

Valentina Rita Scotti

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Colonization — Official religion — Religious courts — Islam — Religious texts — Islamic states

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 There is no accepted definition of constitutionalism, although all those provided agree on the existence of a fundamental principle according to which governmental power needs constraints in the interest of social order. After the Second World War it became common to list the mechanisms for checking this power and the fundamental rights it cannot infringe in a charter (definition of constitutions) which is protected through the judicial review of legislation. Additionally, constitutionalism represents an expression of values as it deals with the legitimacy of...
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