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Constitutionalism in Islamic Countries: Between Upheaval and Continuity
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Effective Governance Under Anarchy
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
New Challenges to the Separation of Powers
This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.
Rule of Law Dynamics
This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Democracy Under God
Empirically analyzes Islam and human rights in constitutions of Muslim-majority states and theorizes why some adopted Islam in their constitutions.
Constitutionalism in Context
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
Breaking The Silence
On 7 December 2014, a group of 25 prominent Malays (G25) issued an open call for moderate Malays and Muslims to speak out against the hate speeches targeted at non-Muslims by supremacist groups. They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 l...
Access to Justice Beyond the State Courts
Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
Law and Revolution
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....
Non-State Justice Institutions and the Law
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
