Constitutionalism Human Rights And Islam After The Arab Spring

Author : Rainer Grote
Publisher : Oxford University Press
ISBN 13 : 0190627646
Total Pages : 993 pages
Book Rating : 4.45/5 ( download)

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Download or read book Constitutionalism, Human Rights, and Islam After the Arab Spring written by Rainer Grote and published by Oxford University Press. This book was released on 2016 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This collection of essays, written by an expert team of constitutional and comparative law scholars and practitioners, provides an overview of the recent constitutional experience of Arab countries, explores the potential and actual impact of Islam and Sharia on the notion of modern cons.

Author : Antoni Abat i Ninet
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361600
Total Pages : 288 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Arab Spring written by Antoni Abat i Ninet and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the ‘Arab Spring’. Writing with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a ‘theory of revolutions’ that helps us understand events occurring at divergent times at geographically separate locations. This question is meticulously analyzed through the detailed examination of specific developments relevant to the ideas of revolution and constitutionalism in several nations affected by the Arab Spring. Case studies focus on Morocco and Libya as examples of unsuccessful revolutions, as well as Tunisia and Egypt. These lead the authors to consider the nature of constitutionalism itself and the concept of illiberal but non-authoritarian constitutions: a particularly pressing concern given the prominent contemporary discussions of the role of shari’a in post-Arab Spring constitutions. The Arab Spring will offer new insights to scholars, researchers and students of law and the political sciences, in particular those focusing on theories of revolution, democracy, constitutional law, Islamic constitutionalism and legal theory.

Author : Tommaso Virgili
Publisher : Routledge
ISBN 13 : 0429535090
Total Pages : 214 pages
Book Rating : 4.93/5 ( download)

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Download or read book Islam, Constitutional Law and Human Rights written by Tommaso Virgili and published by Routledge. This book was released on 2021-09-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.

Author : John L. Esposito
Publisher : Oxford University Press, USA
ISBN 13 : 0195147987
Total Pages : 321 pages
Book Rating : 4.88/5 ( download)

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Download or read book Islam and Democracy After the Arab Spring written by John L. Esposito and published by Oxford University Press, USA. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The landscape of the Middle East has changed dramatically since 2011, as have the political arena and the discourse around democracy. In Islam and Democracy after the Arab Spring, John L. Esposito, John Voll, and Tamara Sonn examine the state of democracy in Muslim-majority societies today. Applying a twenty-first century perspective to the question of whether Islam is compatible with democracy, they redirect the conversation toward a new politics of democracy that transcends both secular authoritarianism and Political Islam. While the opposition movements of the Arab Spring vary from country to country, each has raised questions regarding equality, economic justice, democratic participation, and the relationship between Islam and democracy in their respective countries. Does democracy require a secular political regime? Are religious movements the most effective opponents of authoritarian secularist regimes? Esposito, Voll, and Sonn examine these questions and shed light on how these opposition movements reflect the new global realities of media communication and sources of influence and power. Positioned for a broad readership of scholars and students, policy-makers, and media experts, Islam and Democracy after the Arab Spring will quickly become a go-to for all who watch the Middle East, inside and outside of academia.

Author : Nimer Sultany
Publisher : Oxford University Press
ISBN 13 : 0198768893
Total Pages : 417 pages
Book Rating : 4.90/5 ( download)

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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.

Author : Carlo Panara
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004243410
Total Pages : 306 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Arab Spring written by Carlo Panara and published by Martinus Nijhoff Publishers. This book was released on 2013-01-08 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.

Author : Tilmann Röder (J.)
Publisher : Oxford University Press
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.80/5 ( download)

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Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Tilmann Röder (J.) and published by Oxford University Press. This book was released on 2012-02-16 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."

Author : Rainer Grote
Publisher : Oxford University Press
ISBN 13 : 0199910162
Total Pages : 768 pages
Book Rating : 4.68/5 ( download)

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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 768 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."

Author : Ann Elizabeth Mayer
Publisher : Routledge
ISBN 13 : 0429974752
Total Pages : 322 pages
Book Rating : 4.55/5 ( download)

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Download or read book Islam and Human Rights written by Ann Elizabeth Mayer and published by Routledge. This book was released on 2018-04-19 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam and Human Rights is a probing examination of how the Islamic tradition has been exploited for political ends by regimes and institutions seeking to legitimize policies inimical to human rights. Ann Elizabeth Mayer critically appraises Islamic human rights schemes that dilute the human rights afforded by international law, comparing them with the complex Islamic legal heritage and international human rights law. Challenging stereotypes about a supposedly monolithic Islam inherently incompatible with human rights, Mayer dissects the political motives behind the selective deployment of elements of the Islamic tradition by conservative forces seeking to delegitimize demands for democracy and human rights. The fifth edition provides an updated consideration of government policies on Islam and human rights activism and how they are affecting developments in several Middle Eastern countries, and features a new chapter on the resistance of human rights for sexual minorities by the Organization of Islamic Cooperation (OIC) project to co-opt international human rights law to criminalize 'defamation of Islam' occurring in the West. The new edition also analyzes the other most recent and important issues of the region, including: The burgeoning pressures in the Middle East for human rights leading up to the Arab Spring; The ambitious campaign of the (OIC) to influence the UN human rights system by forging alliances with non-Muslim states hostile to human rights; The concerted efforts by this cross-cultural alliance to subvert international human rights law under pretenses of supporting human rights; The intensifying controversies over issues of sexual orientation and gender identity in the Middle East; The Danish Cartoons controversy and the OIC project to co-opt international human rights law to criminalize 'defamation of Islam' occurring in the West.

Author : Eugene Cotran
Publisher : BRILL
ISBN 13 : 9789041111852
Total Pages : 620 pages
Book Rating : 4.59/5 ( download)

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Download or read book Democracy written by Eugene Cotran and published by BRILL. This book was released on 1999-01-01 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.