The Enactment of Constituent Power in the Arab World PDF Download
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Author: Asem Khalil
Publisher:
ISBN: 9783719026127
Category : Constituent power
Languages : en
Pages : 303
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Book Description
Author: Asem Khalil
Publisher:
ISBN: 9783719026127
Category : Constituent power
Languages : en
Pages : 303
Get Book Here
Book Description
Author: Jason Frank
Publisher: Duke University Press
ISBN: 0822391686
Category : Political Science
Languages : en
Pages : 362
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Book Description
Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.
Author: Jeffrey A. Lenowitz
Publisher: Oxford University Press
ISBN: 019259348X
Category : Law
Languages : en
Pages : 401
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Book Description
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Author: Rainer Grote
Publisher: Oxford University Press
ISBN: 0199910162
Category : Law
Languages : en
Pages : 755
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Book Description
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: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0191081442
Category : Law
Languages : en
Pages : 369
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Book Description
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Author: Osayd Awawda
Publisher: Cambridge Scholars Publishing
ISBN: 1527580172
Category : Law
Languages : en
Pages : 340
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Book Description
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.
Author: Doctor Nicola Pratt
Publisher: Zed Books Ltd.
ISBN: 1848138040
Category : Political Science
Languages : en
Pages : 290
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Book Description
Women and War in the Middle East provides a critical examination of the relationship between gender and transnationalism in the context of war, peace-building and post-conflict reconstruction in the Middle East. Critically examining the ways in which the actions of various local and transnational groups - including women's movements, diaspora communities, national governments, non-governmental actors and multilateral bodies - interact to both intentionally and inadvertantly shape the experiences of women in conflict situations, and determine the possibilities for women's participation in peace-building and (post)-conflict reconstruction, as well as the longer-term prospects for peace and security. The volume pays particular attention to the ways in which gender roles, relations and identities are constructed, negotiated and employed within transnational social and political fields in the conflict and post-conflict situations, and their particular consequences for women. Contributions focus on the two countries with the longest experiences of war and conflict in the Middle East, and which have been subject to the most prominent international interventions of recent years - that is, Iraq and the Occupied Palestinian Territories. Issues addressed by contributors include the impact of gender mainstreaming measures by international agencies and NGOs upon the ability of women to participate in peace-building and post-conflict resolution; the consequences for gender relations and identities of the US-led invasion and occupation of Iraq; and how transnational feminist movements can most effectively support peace building and women's rights in the region. Based entirely on original empirical research. Women and War in the Middle East brings together some of the foremost scholars in the areas of feminist international relations, feminist international political economy, anthropology, sociology, history and Middle East studies.
Author: Nimer Sultany
Publisher: Oxford University Press
ISBN: 0198768893
Category : History
Languages : en
Pages : 417
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Book Description
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: Mutaz Qafisheh
Publisher: Cambridge Scholars Publishing
ISBN: 144389544X
Category : Law
Languages : en
Pages : 540
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Book Description
Legal education is currently undergoing a paradigm shift. Traditional law instruction, lecturing and memorizing have become a fading fashion, with legal clinics increasingly cropping up. These allow law students to practice while studying and to contribute to social justice as part of the educational process. Students no longer accept one-way interaction from their professors, and demand interaction with their peers in various corners of the globe. The Middle East is no exception here. Legal clinics can be found in most countries of the region, though there is scant literature on legal education in the area, particularly with regards to clinical legal education. This book fills this gap, and offers comparative cases that will benefit legal educators and justice practitioners in the Middle East and beyond. The region needs reform in all dimensions, including the political, economic, social, religious, legal, and educational. Legal education lies at the heart of securing such long awaited reforms. The book examines legal education within selected locations in the region, underscoring successful pedagogical models from various parts of the world. This peer-reviewed book focuses on practical legal education, where learning is student-centered, particularly clinical legal education, field work, street law, pro bono service, legal advice, simulations, placements/internships, moot courts and mock trials, problem-based learning, case analysis, group work, role-play, and brainstorming. The book brings together 28 chapters written by leading legal scholars from across the globe, all concerned with the advancement of legal education, with making it more interactive, and contributing to bridging the gap between powerful and powerless communities.
Author: Roland Friedrich
Publisher: DCAF
ISBN: 9292220616
Category : History
Languages : en
Pages : 183
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Book Description
"Original versions: English and Arabic, Geneva and Ramallah, 2007"--T.p. verso.
