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
Rainer Grote, Tilmann J. Röder
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...