TAILIEUCHUNG - Constitutional Politics in the Middle East

The first requirement for a comparative approach to constitutional politics—politics of the creation and reconstruction of political order—is to broaden its scope by shifting the focus of analysis from constitutionalism to constitution-making. I have argued elsewhere that constitution-making often has little to do with Although it still retains its association with the original eighteenth-century idea of the constituent power of the representatives of the people, constitution- making has performed different functions in different historical periods, and it should be added, in different regions of the world in the same period | The Onati International Institute for the Sociology of Law CONSTITUTIONAL POLITICS IN THE MIDDLE EAST WITH SPECIAL REFERENCE TO TURKEY IRAQ IRAN AND AFGHANISTAN Edited by Said Amir Arjomand HART PUBLISHING CONSTITUTIONAL POLITICS IN THE MIDDLE EAST 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 Said 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 modernisation. 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 .

• Luật học
• Constitutive Laws
• Islamic Empires
• Ottoman Empire
• Human Rights
• Constitution
• Legitimacy
• Exponential Creep
• Dislocation Substructure
• Polycrystalline Solids
• Inhomogeneous Plastic
• Thermodynamic Framework
• N directional
• Child Pornography
• Technologically Assisted
• Intercepting Protected
• Law Beyond
• Constitutive Power
• transfigured constitution
• legal theory
• constitutional theory
• Modern Constitutions
• Fundamental Laws
• Bibliographical Notes
• Constitutions of Nations
• Austria Hungary
• historic structure
• Functions of Parliament
• royal prerogative
• Cabinet
• regulatory agencies
• Private Law
• Justice
• Pluralism
• federal systems
• Federalism
• European Union
• legislature
• judicial review
• Public Interest
• Immunity Certificates
• GLOBALISATION
• BUSINESS ETHICS
• Gendered Process
• Postcolonial Perspectives
• accession process
• CEE constitutions
• EU membership
• amendment procedure
• European Constitution
• Christoph Grabenwarter
• Pouvoir Constituant
• Institutional Issues
• Political Institutions
• Individual Rights
• Constitutional Scholarship
• International Treaties
• Legal Visions
• Human Dignity
• Constitutional Court
• Post Communist Transitions
• German Law
• administrative safeguard
• parliamentary consent
• Government alternatives
• Income Tax
• Medieval constitutions
• social origins
• feudal transformation
• fundamental law
• Administrative Law
• Administrative Agencies
• Central Government
• County councils
• Local government
• Extended powers
• Dying Declarations
• Comparative Anthropology
• Pierre Legendre
• Ethical Obligation
• Law Deathbound
• Memento Mori
• Constitutional Requirements
• Prudential Considerations
• Abstention Doctrine
• Facial Challenges
• Constitutional Questions
• Judicial Supremacy
• Remote Sensing
• Forestry Studies
• Operative Support
• Forest Utilization
• Adding Value
• Hemicellulose
• Position of Migrants
• Constitutional Referendum
• Country Report
• Constitutional Treaty
• Mixed motiv
• irrelevant considerations
• Broad unreasonableness
• District Organization
• Tribal Government
• Popular Initiative
• Model Constitution
• Domestic Relations
• Secular Configuration
• Assimilative Secularism
• Ameliorative Aspiration
• Constitutional Perspectives
• Religion
• Politics
• Magna Carta
• Affirmative Action
• Confederate Constitution
• Common Law
• Enumerated Powers
• Fundamental Rights
• ratification proces
• constitutional bases
• Common Foreign
• European Community
• Constitutional Illusions
• Anchoring Truths
• Natural Law
• Previous Restraints
• Legal Positivists