INTRODUCTION (Grote and Röder)
PREFACE (Grote and Röder)
PART I: CONSTITUTIONALISM AND ISLAM: CONCEPTUAL ISSUES
1. Constitutionalism in Islamic Countries: A Contemporary
Perspective of Islamic Law (Kamali)
2. The Centrality of Shar?'ah to Government and Constitutionalism
in Islam (Abou El Fadl)
3. The Separation of Powers in the Tradition of Islamic Statehood
(Quraishi)
PART II: INTERRELATIONS BETWEEN CONSTITUTIONALISM AND SHARI'A:
ANTAGONISM OR COMPLEMENTARITY?
1. Constitutionalism in Islamic Countries: A Survey from the
Perspective of International Law (Wolfrum)
2. The Limited Applicability of Shar?'ah under the Constitution of
Nigeria (Ebeku)
3. Constitutionalism in the Maghreb: Between French Heritage and
Islamic Concepts (Le Roy)
4. The Relation between Constitution and Shar?'ah in Egypt
(Sherif)
5. Secularism in Islamic Countries: Turkey as a Model (Özbudun)
6. The Kingdom of Jurists: Constitutionalism in Iran (Arjomand)
7. Islam and the Constitutional Foundations of Pakistan (Lau)
8. Constitutionalism, Islam and National Identity in Malaysia
(Harding)
PART III: INSTITUTIONAL CONTROL OF CONSTITUTIONALISM
1. Models of Institutional Control: The Experience of Islamic
Countries (Grote)
2. Constitutional Jurisdiction and its Limits in the Maghreb
(Gallala)
3. The Turkish Constitutional Court as a Defender of the Raison
d'Etat (Can)
4. A Different Approach to the Control of Constitutionalism: Iran's
Guardian Council (Shirvani)
5. The Last Defender of Constitutional Reason? Pakistan's Embattled
Supreme Court (Khan)
6. Malaysia: The Politics of the Judiciary (Lee)
PART IV: CONSTITUTIONALISM AND SEPARATION OF POWERS
1. The Separation of Powers: Historical and Comparative
Perspectives (Röder)
2. Strong Presidentialism: The Model of Egypt
(Bernard-Maugiron)
3. The Separation of Powers in a Fragmented State: The Case of
Lebanon (Koch)
4. Yemen: A Burgeoning Democracy on the Arab Peninsula? (Shamiri /
Würth / Glosemeyer)
5. Post-Soviet Central Asia: The Limits of Islam (Akbarzadeh)
6. The Rise of Presidentialism in Post-Soviet Central Asia: The
Example of Kazakhstan (Kembayev)
7. Westminster Democracy in an Islamic Context: Pakistan,
Bangladesh, Malaysia (Grote)
8. Indonesia: A Presidential System with Checks and Balances
(Hosen)
PART V: EMERGING CONSTITUTIONS IN ISLAMIC COUNTRIES
1. Constitution-Making in Islamic Countries - A Theoretical
Framework (Afsah)
2. Constitutionalism and Islam in Libya (Mezran)
3. Shar?'ah and Human Rights in the Interim Constitution of Sudan
(Böckenförde)
4. Statehood and Constitution Building in Somalia: Islamic
Responses to a Failed State (Elliesie)
5. Constitution-Making and State-Building: Redefining the
Palestinian Nation (Khalil)
6. The Protection of Human Rights in the Palestinian Territories
(Cotran / Brown)
7. Islam and the State in Iraq: The Post-2003 Constitutions
(Istrabadi)
8. Constitutional Legitimacy in Iraq: What Role Local Context?
(Al-Ali)
9. The Separation of Powers and the Problem of Constitutional
Interpretation in Afghanistan (Hashimzai)
10. Constitutionalism in an Islamic Republic: The Principles of the
Afghan Constitution and the Conflicts between them (Moschtaghi)
LIST OF CONTRIBUTORS
INDEX
Rainer Grote is a Senior Research Fellow at the Max Planck
Institute for Comparative Public Law and International Law in
Heidelberg and an Adjunct Professor of Law at the University of
Göttingen, Germany. He was a Visiting Professor at universities in
France (Paris II), Turkey, and Chile and has worked as a legal
expert and consultant on law reform projects in Latin America,
Africa, and Asia. He is a coeditor of Constitutions of the
Countries
of the World (OUP) and teaches and writes in the fields of
constitutional law, comparative law and public international
law.
Tilmann J. Röder is a Senior Research Fellow and Head of the Asia
and North Africa Projects of the Max Planck Institute for
Comparative Public Law and International Law in Heidelberg,
Germany. His recent research has focused on the subjects of rule of
law and constitution building in Afghanistan, Pakistan, Iraq,
Libya, and Kashmir. Together with Rainer Grote he organizes an
ongoing series of lectures on Law & Development. He holds a law
degree from Humboldt
University of Berlin and a doctorate degree from Goethe University
Frankfurt.
"This is an ambitious, almost brash, collection. It seeks to bring
together historical, legal, religious, political, and philosophical
analysis in order to understand both the relationship between Islam
and constitutionalism and the actual constitutional experiences of
Muslim societies. The editors and contributors are to be commended
for pooling their efforts to produce both breadth and depth. This
will be a standard reference on the subject for many years to
come."
--Nathan J. Brown, Professor of Political Science and International
Affairs, George Washington University
"This volume is, without a doubt, the new standard for the field of
constitutionalism and Islamic law. It is comprehensive in scope,
sophisticated in its application and subtle in its identification
of problems. It gathers in one place the absolute top authorities
on the historical, conceptual, legal and political dimensions of
constitutionalism in the Muslim world. There is no other single
volume which comes close to accomplishing what this one has."
--Andrew March, Associate Professor of Political Science, Yale
University
"This book is a solid, comprehensive, and enticing contribution to
constitutionalism in the Muslim world. Some chapters provide novel
and detailed studies of countries which have rarely been the
subject of serious interest, and others revisit the experience of
modern constitutionalism in places like Iran and Egypt with a fresh
view drawn from the experience of constitutional courts and
councils. Röder and Grote have succeeded in bringing in one volume
an
impressive collection of scholarly contributions in an understudied
and crucial field at a time of great upheaval-and great need-in the
Middle East and the Muslim world at large."
--Chibli Mallat, The Custodian of the Two Holy Places Visiting
Professor in Islamic Legal Studies, Harvard Law School
"This volume presents a solid basis for further insight and
research and should feature in any library dedicated to
constitutionalism or the constitutions in the region." -Arab
Regional Forum News, Dr. Achim-Rüdiger Börner, Attorney at law,
Cologne
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