Law and Revolution
Legitimacy and Constitutionalism After the Arab Spring
Series: Oxford Constitutional Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 February 2020
- ISBN 9780198862673
- Binding Paperback
- No. of pages424 pages
- Size 229x154x23 mm
- Weight 636 g
- Language English 35
Categories
Short description:
An assessment of constitution-making, law, and revolution before and after the Arab Spring. Competing conceptualist approaches to the role of shari'a law in Arab constitutions are explored with a view to evaluating the consequences of different constitutional arrangements, and suggesting possibilities for reform.
MoreLong description:
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. It 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. 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.
With a new preface from the author addressing developments in the Arab Spring.
Nimer Sultany's Law and Revolution offers a long overdue corrective to a canon of legal theory that gives African and Asian experiences short shrift. It likewise poses a serious challenge to strands of area studies that, for all their claims of superseding orientalism, continue to approach entire regions in the Global South as mere sources of empirical data rather than dynamic sites possessing generative theoretical capacity. But there is much more to this exceedingly important book than introducing legal theorists to the Middle East or bringing legal theory to Middle East studies. Perhaps it could be best characterized as a work of epistemological reversal, utilizing a deep reading of the Arab Spring to critique conceptual orthodoxies.
Table of Contents:
Introduction
Part I: Legitimacy
Legitimation Crisis
Constitutional Legitimation I
Constitutional Legitimation II
Revolution
Part II: Revolution and Legality
Legal Continuity
Law's Contradictions
Popular Sovereignty
Part III: Revolution and Constitution
Revolutionary Constitution Making
Reformist Constitution Making
Constituent Power
Afterword
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