Constitutional Politics In The Middle East

Constitutional Politics In The Middle East

by Said Amir Arjomand
     
 

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ISBN-10: 1841137731

ISBN-13: 9781841137735

Pub. Date: 01/17/2008

Publisher: Hart Publishing (UK)

This book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Saïd Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and

Overview

This book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Saïd Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and political tradition and of the nineteenth and twentieth century legal codification and political modernization. These are followed by Ann Mayer's general analysis of the treatment of human rights in relation to Islam in Middle Eastern constitutions, and Nathan Brown's comparative scrutiny of the process of constitution-making in Iran, Afghanistan and Iraq with reference to the available constitutional theories which are shown to throw little or no light on it. The remaining essays are country by country case studies of Turkey, Afghanistan and Iraq, the case of Iran having been covered by Arjomand as the special point of reference. Mehmet Fevzi Bilgin examines the making and subsequent transformation of the Turkish Constitution of 1982 against current theories of constitutional and deliberative democracy, while Hootan Shambayati examines the institutional mechanism for protecting the ideological foundations of the Turkish Republic, most notably the Turkish Constitutional Court, which offers a surprising parallel to the Iranian Council of Guardians. Arjomand's introduction brings together the bumpy experience of the Middle East along the long road to political reconstruction through constitution-making and constitutional reform, drawing some general analytical lessons from it. He also shows the consequences of the fact that the constitutions of Turkey and Iran had their origins in revolutions, and those of Afghanistan and Iraq, in war and foreign invasion.

Product Details

ISBN-13:
9781841137735
Publisher:
Hart Publishing (UK)
Publication date:
01/17/2008
Edition description:
New Edition
Pages:
224
Product dimensions:
6.10(w) x 9.00(h) x 0.50(d)

Table of Contents

Acknowledgement vii

List of Contributors xi

Introduction Said Amir Arjomand 1

1 Islamic Empires, the Ottoman Empire and the Circle of Justice Linda T Darling 11

2 Islam and Constitutionalism since the Nineteenth Century: the Significance and Peculiarities of Iran Said Amir Arjomand 33

3 Bargaining and Imposing Constitutions: Private and Public Interests in the Iranian, Afghani and Iraqi Constitutional Experiments Nathan J Brown 63

4 The Respective Roles of Human Rights and Islam: an Unresolved Conundrum for Middle Eastern Constitutions Ann Elizabeth Mayer 77

5 The Guardian of the Regime: the Turkish Constitutional Court in Comparative Perspective Hootan Shambayati 99

6 Constitution, Legitimacy and Democracy in Turkey Mehmet Fevzi Bilgin 123

7 Crafting a Constitution for Afghanistan Barnett R Rubin 147

8 From Interim to 'Permanent' Constitution in Iraq Andrew Arato 163

Index 203

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