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two important literatures into conversation with each other: one on political change in the MENA countries and an emerging literature on the dynamics of historical democratization, what goes under the heading of the “historical turn” in democratization studies. 2 If, on the one hand, the insights of

In: Middle East Law and Governance
Author: Aslı Bâli

occasioned new hope that democratization might take hold in the region. Yet the capacity of authoritarian regimes to accommodate elections and other reforms without relinquishing their grip on power has often frustrated such hopes. Egypt, which held both presidential and legislative elections in 2005, is an

In: Middle East Law and Governance
The Incorporation of the Sharīʿa into Egyptian Constitutional Law
Author: Clark Lombardi
This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt’s constitutional jurisprudence.
The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa—one that permits the Court to argue that sharī‘a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court’s theory.
This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.

current processes in scr correlate with democratization and secularization trends? What are the driving forces behind the religious conflicts and how do they affect religious policy and legislation? How can we use theoretical models of scr to describe, understand, and apply practical remedies to

In: Journal of Law, Religion and State

current processes in scr correlate with democratization and secularization trends? What are the driving forces behind the religious conflicts and how do they affect religious policy and legislation? How can we use theoretical models of scr to describe, understand, and apply practical remedies to

In: Journal of Law, Religion and State

In their initial stages, the social uprisings that defined the Arab Spring in 2011 generated a great deal enthusiasm—though more cautious expectations—that the so-called “third wave of democratization” 1 was finally set to wash ashore in the Middle East and North Africa ( MENA ), a region

In: Middle East Law and Governance
Author: Colin Powers

of all, a wealth of public opinion data also suggests that the country’s citizenry has drifted into disaffection and alienation over the course of the past seven years. 4 This paper will argue that liberal democratization underlies the frailty and disquiet hitherto described. Specifically

In: Middle East Law and Governance

Th e Arab Spring has advanced the prospects for democracy in the region. After years during which any democratic transition seemed implausible in the Arab World, masses across the region have risen to challenge the political status quo, inspired by the successful revolution in Tunisia. A major cause to the political unrest can be identifi ed in the large number of unemployed youth in Arab nations, whose political frustrations were aggravated by their inability to express themselves in a tightly controlled police state, political corruption, and the incapability of the state to deal with social and economic problems. In addition, social media was a vital vehicle in both sustaining reform movements within single countries, and spreading the wave of demonstrations across the region. Yet, the events of the Arab Spring have challenged the stability of countries undergoing these transitions. Th e possibility for the creation of failed states or international interventions, and the necessity of governments to deal with large numbers of refugees, sectarian tensions, and deeply rooted economic problems threaten to derail the recent political transformations. In spite of these challenges, however, the recent political changes do provide encouraging opportunities for creating peace in the region and moderating Islamic parties.

In: Middle East Law and Governance

one dystrophy generating the next one: an end to the Ottoman Empire ‘to end all peace’, 11 a mandate system architecture that threw off any prospect of endogenous state-building, post-colonial regimes that opted for reproducing the colonial dispossession dynamics instead of nurturing democratizing

In: Middle East Law and Governance

diverge from the dominant scholarly trend of situating analysis within the frameworks of explaining success or failure of the uprisings or the resilience of authoritarianism and possibilities for democratization. Each of the panelists explored how alternative approaches opened up different questions (and

In: Middle East Law and Governance