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- Preliminary Material
- Main Text
- Introduction
- Prologue: Constitutional Debates in the Arab Spring
- Part 1 Power and Legitimacy
- 1.1 The Legitimacy of Constitution-Making Processes in the Arab World: An Islamic Perspective
- 1.2 Legitimacy of Constitution-making Processes: Reflections from the Perspective of International Law
- 1.3 Regimes’ Legitimacy Crises in International Law: Libya, Syria, and Their Competing Representatives
- 1.4 The Process of Institutional Transformation in Tunisia after the Revolution
- I Introduction
- II Difficulties Confronting Tunisian Institutional and Democratic Change
- III The Political, Constitutional, and Democratic Changes Stemming from the Transitional Process
- IV Conclusion: The End of the Transitional Process Through the Parliamentary and Presidential Elections at the End of 2014
- 1.5 Religious Authorities and Constitutional Reform: The Case of Al-Azhar in Egypt
- I Introduction
- II Evolution of Al-Azhar’s Relation Toward the Sovereign Power
- III Islamic Principles on Statehood: Lacking Textual Provisions and Consequences
- IV Evolution and Influence of Al-Azhar’s Constitutional Ideologies
- V Conclusion
- Annexes
- A Al-Azhar Declaration on the Future of Egypt (2011)
- B Al-Azhar Statement on Basic Freedoms (2012)
- C Al-Azhar Draft Constitution of 1979
- s.1: The Islamic Community
- s.2: The Foundation of Islamic Society
- s.3: Islamic Economy
- s.4: Individual Rights and Freedoms
- s.5: The imām
- Section 6: The Judiciary
- s.7: Consultation, Monitoring, and Enacting Laws
- s.8: The Government
- s.9: General and Transitional Rules
- Resolution no. 11 of the Shaykh of Al-Azhar; dated the 25th of Muḥarram 1398 h. of January 5, 1978 C.
- Resolution no. 12 of the Shaykh of Al-Azhar; dated the 25th of Muḥarram, 1398 h. of January 5, 1978 C.
- 1.6 The Arab Spring and Constitutional Reforms in Jordan: A Historical and Legal Appraisal
- 1.7 Winter Is Coming: Authoritarian Constitutionalism under Strain in the Gulf
- I Not Just Ornaments
- II The Parliamentary Conundrum
- III Winter is Coming
- 1.8 Constitutional Reform in Oman: Rights Granted under Reserve
- Part 2 What Basis for Statehood: Religion or Citizenship?
- 2.1 Al-Dawlah al-Madanīyah: A Concept to Reconcile Islam and Modern Statehood?
- 2.2 Islam and the Constitutional State: Are They in Contradiction?
- 2.3 State and Religion in the Aftermath of the Arab Uprisings
- 2.4 The Relationship between Constitutions, Politics, and Islam: A Comparative Analysis of the North African Countries
- 2.5 Contesting Islamic Constitutionalism after the Arab Spring: Islam in Egypt’s Post-Mubārak Constitutions
- 2.6 The Caliphate State: A Basis of Modern Statehood?
- I Introduction
- II The Precursor to the Caliphate
- III Essential Characteristics of the Classical (Premodern) KhilĀfah or ImĀmah
- IV The Islamic State: Legitimate Governance and Rule in Islamic Law
- V Principles of Governance in an Islamic State
- VI Conclusion: Can the Islamic Model of Statehood Offer Anything of Value to Modern States that Espouse the Centrality of Islam in the Public Realm of the State?
- Part 3 What Kind of Government: Civilian or Military?
- 3.1 State Control over the Military or Military Control over the State?: A Comparison of Selected Arab Constitutions
- I Introduction
- II Tunisia: From Authoritarian to Democratic Control of the Armed Forces
- III Egypt: Triumph of the Military Over the Civil State
- IV Syria: Staunch Support for the Regime
- V Yemen: Progressive Constitution-Making Vs. Military Disintegration and ḤŪthĪ Rebellion
- VI Libya: Total Loss of Control
- VII Conclusion and Outlook
- 3.2 Changes in Civil-Military Relationships after the Arab Spring
- I Introduction: Change in Motion?
- II What is the Military in the Middle East?: From Constitutional Considerations to the Role of the Military in Authoritarian Settings
- III Time of Change in 2011: Mass Mobilizations as an Essential “Stress Test” for Armies
- IV Transitional Settings and the Military: Tunisia, Egypt, and Beyond
- A The Tunisian Case—The Military as a Safeguard of the Transition Process
- B The Egyptian Case—The Military Elephant in the Porcelain Shop of Egyptian Politics
- C The Yemeni Case—Incoherent Military Structures, Fragmentation, and Instability
- D The Libyan Case—Weak Military, Localism and Competing Militias
- E The Syrian Case: The End of the Syrian Military?
- V How to Reassemble the Pieces Together? Transitions in Institutional Terms
- A From the Specific Tunisian Case to Protecting the Military’s Prerogatives Elsewhere
- B The Case of Egypt: From Apparent Extrication to Military Tutelage
- C The Military and Egyptian Constitutions
- D Reinstating a Monopoly on “Legitimate Violence” or Falling into the Traps of Civil War in Libya and Yemen?
- E Hijacking Transition in Egypt: A Return to Military-led Government or the End of Any Prospects for Democratic Control of the Armed Forces?
- VI Conclusion
- 3.3 The Changing Role of the Military in Mauritania
- 3.4 The Grip of the Army on Algeria’s Political System
- 3.5 The Role of the Army in a Multicommunity Society: The Case of Lebanon
- 3.1 State Control over the Military or Military Control over the State?: A Comparison of Selected Arab Constitutions
- Part 4 The Fragile Basis of Democracy and Development
- 4.1 The Anatomy of the Arab Spring (2011–2015)
- 4.2 The Difficult Path toward Democracy: New Electoral Systems in Egypt, Libya, and Tunisia
- 4.3 Centralized or Decentralized State Structures?: Tendencies in the Arab Transition States
- 4.4 The Legal Status of the Kurds in Iraq and Syria
- 4.5 The Separation and Distribution of Powers under the New Moroccan Constitution
- I Introduction
- II The Distribution of Powers Before the 2011 Constitution
- III The Reform of the “Old” Art. 19: the End of the “Confusion” Between Temporal Power and Spiritual Power?
- IV Separation of Powers and the Form of Government: Toward the Establishment of a Parliamentary Monarchy?
- V The Legislative Power: The Parliament, the Government, and a (Lame) King-Legislator
- VI Judicial Power, Constitutional Justice, and the King’s “Interference”
- VII Concluding Remarks
- 4.6 The Quest for a New Economic Order in Egypt’s Constitutional Transformation
- Part 5 Liberty, Equality, and The Rights of Minorities
- 5.1 International Human Rights Law as a Framework for Emerging Constitutions in Arab Countries
- 5.2 Civil and Political Rights as a Precondition for Democratic Participation
- I Preface
- II Introduction
- III Part I: Nature of Civil and Political Rights
- A Research Topic I: Nature of Civil and Political Rights
- B Research Topic II: Enforcement Mechanism of Civil and Political Rights
- IV Part Ii: Enforcement of Civil and Political Rights Contributes to Democratic Participation
- V Conclusion
- 5.3 Citizenship Rights in Selected Arab Constitutions
- 5.4 Linguistic and Cultural Rights in the Arab Constitutions: From Arabism to Linguistic and Cultural Diversity
- I Introduction: Cultural and Linguistic Rights in Arab Constitutions and in the Arab Spring
- II Linguistic and Cultural Rights in the Maghreb Constitutions
- III Cultural and Linguistic Rights in the Constitutions of Arab Levant States
- IV Conclusion
- 5.5 Tunisia after the Arab Spring: Women’s Rights at Risk?
- 5.6 Reflections on Women’s Rights in Yemen: Opportunities and Challenges
- I Introduction
- II Historical Background of the Status of Yemeni Women
- III The Effectiveness of the Feminist Movement in Seeking the Advancement of Women and Sponsoring Their Problems
- A Convention on the Elimination of All Forms of Discrimination against Women
- B CEDAW and Yemeni Reservations
- C Universal Declaration of Human Rights and the Yemeni Constitution
- D Yemeni Women’s Participation in the Revolutionary Movement and the Harvest of Change
- E Equality in the Yemeni Constitution and Demands for Achieving Gender Equality
- F Women Participation in the National Dialogue Conference
- G Major Challenges that Lie in the Way of Securing Women’s Entitlements in the Coming Period
- H The Position of the Political Establishment (Official and Party-wise) on Women’s Issues
- IV Constitutionalizing Women’s Rights
- V The Discourse of the Islamic Movement on Women in Yemen
- VI Conclusion
- 5.7 Religious Minorities under Pressure: The Situation in Egypt, Iraq, and Syria
- 5.8 Rights of Religious Minorities in Sudan
- I Introduction
- II Background and Context
- III The Treatment of Religious Minorities in Sudan in Historical Perspective
- IV Protection of Religious Minorities in the Sudanese Law
- A Definition and Recognition of Minorities
- B Protection of the Rights of Religious Minorities under Sudanese Constitutions and Laws
- V The Implementation of Religious, Cultural, Civil, Political, and Socio-Economic Rights of Religious Minorities in Practice
- VI New Developments in Sudan: Secession of South Sudan
- Part 6 Constitutional Courts: New Guardians of the Constitutions?
- 6.1 Constitutional Review in Arab CountriesDawn of a New Era?
- I Introduction: Constitutional Review Prior to the Arab Spring
- II Reforms of Constitutional Review in the Wake of the Arab Spring
- III Conclusions
- 6.2 Morocco’s Constitutional Court after the 2011 Reforms
- 6.3 The Mauritanian Constitutional Court after the Military Coup of 2008
- 6.4 Constitutional Reform and the Rise of Constitutional Adjudication in Jordan: Background, Issues, and Controversies
- I The Backgrounds of the Reforms
- II The Driving Forces Behind the Reform Process
- III The Substance of the Reforms
- A Prohibition of Torture (Art. 8.2)
- B Protection of the Essence of Rights and Freedoms (Art. 128)
- C Establishment of a Constitutional Court (Arts. 58–61)
- D Judicial Power (Art. 98)
- E Reform of the State Security Court (Art. 101)
- F Provisional Laws (Art. 94)
- G Dissolution of House of Representatives (Art. 74)
- H The Constitutional Amendment of August 2014
- IV Important Issues Ignored in the Reform Process
- V Conclusion
- 6.5 An International Constitutional Court: Bulwark against the Erosion of Constitutional Democracy
- 6.1 Constitutional Review in Arab CountriesDawn of a New Era?
- Part 7 International Influences and Interactions
- 7.1 The Relationship between International Law and National Law in New and Amended Arab Constitutions
- I Introduction
- II Theoretical Underpinnings
- III The Relationship Between Treaties and the National Legal Orders of Arab States with New or Amended Constitutions
- A What Is the Scope of the Treaty-making Power of the Executive?
- B Do Treaties Become Part of the National Legal System? If So, When?
- C What Is the Constitutionally Recognized Role of the Legislature in the Treaty-making Process?
- D What Rank Do Treaties Have Internally?
- E Are the Constitutional Courts Authorized to Monitor Treaties?
- IV Conclusion
- 7.2 Turkish Constitutionalism: A Model for Reforms in Arab Countries?
- 7.3 The Arab Spring and the Development of Islamic Constitutionalism in Iran
- I Introduction
- II Conditions for Muslim Revolutions
- III Revolution for Islamic Theocracy or Constitutional Democracy
- IV The Inter-Islamic Evolution of Modern Concepts of the State
- V From the Revolution for Constitutionalism to the Absolute Rule of the ShĪʿite Jurist
- VI Revolutionary Constitution-Making and Its Risks
- VII Between Islamism and Republicanism: An Unresolved Dichotomy
- VIII The Violence of Revolution and the Rule of Law
- IX Conclusion and Prospects
- 7.4 Lessons from the Iraqi Constitution-making Process
- I Introduction
- II The Main Steps Toward an Iraqi Constitution
- III Who Wrote the Constitution? Sunni Participation, the Constitutional Commission, and the Leadership Council
- IV Utilizing Foreign Experts: Useful or Constraining?
- V The Sectarian Crisis
- VI Third-Party Influence: Between Meditation and Occupation
- VII From Draft to Reality: Iraq’s Constitutional Development Since 2005
- VIII Lessons from the Iraqi Constitutional Process
- 7.5 Impulses from the Arab Spring on the Palestinian State-Building Process
- 7.6 The European Union and the Constitution-making Processes in the Arab World: Observer or Actor?
- I Introduction: Postcolonial Drift
- II The Eu’s External Action and the Access to the Arab Region
- III Observation, Dialogue, and Influence
- IV Conclusion and Prospects: The Eu’s Ambivalent Observer-Actor Status
- 7.1 The Relationship between International Law and National Law in New and Amended Arab Constitutions
- Further Material
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