Constitutionalism, Human Rights, and Islam after the Arab Spring

Rainer Grote is a Senior Research Fellow and head of the project on Constitutions of the Countries of the World at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and lecturer of law at the University of Heidelberg. He was a Visiting Professor at universities in France (Paris II), Turkey, and Chile and has worked as a legal expert and consultant on law reform projects in Latin America, Africa, and Asia. He teaches and writes in the fields of constitutional law, comparative law and public international law. Recent publications include Constitutionalism in Islamic Countries: Between Upheaval and Continuity (Oxford University Press, 2012 with Tilmann Roeder) and EMRK/GG: Konkordanzkommentar, second edition (2013 with Oliver Doerr and Thilo Marauhn). His research areas include constitutional law, comparative law and human rights law.Tilmann J. Röder is a Managing Director of the Max Planck Foundation for International Peace and the Rule of Law in Heidelberg, Germany. His recent research has focused on the subjects of rule of law and constitution building in Afghanistan, Pakistan, Iraq, Libya, and Kashmir. Together with Rainer Grote he organizes an ongoing series of lectures on Law & Development. He holds a law degree from Humboldt University of Berlin and a doctorate degree from Goethe University Frankfurt. His recent publications include Constitutionalism in Islamic Countries: Between Upheaval and Continuity (Oxford University Press, 2012 with Rainer Grote) and "Civil-Military Cooperation in Building the Rule of Law" (in Rule of Law Dynamics, 2012). He is a Member of the Advisory Panel on Civilian Crisis Prevention of the German Federal Government.

"This superb book approaches constitutional change in the Arab world by taking perspectives from the region seriously. With its mix of scholarly and practitioner perspectives, it will be an important record of the political fallout of the Arab Spring and an invaluable resource for English-language readers who do not have access to many of the internal debates. A sophisticated and important contribution." - Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School

• Preface (Grote / Röder / El-Haj)Editors' Note on TransliterationsIntroduction (Grote / Röder) Prologue: Constitutional Debates in the Arab Spring (Grote / Röder) Part 1: Power and Legitimacy 1.1. The Legitimacy of Constitution-making Processes in the Arab World: An Islamic Perspective (An-Na'im) 1.2. Legitimacy of Constitution-making Processes: Reflections from the Perspective of International Law (Wolfrum) 1.3. Regimes' Legitimacy Crises in International Law: Libya, Syria and their Competing Representatives (D'Aspremont) 1.4. The Process of Institutional Transformation in Tunisia after the Revolution (M'Rad) 1.5. Religious Authorities and Constitutional Reform: The Case of Al-Azhar in Egypt (Hefny) 1.6. The Arab Spring and Constitutional Reforms in Jordan: A Historical and Legal Appraisal (Al-Khasawneh) 1.7. Winter is Coming: Authoritarian Constitutionalism Under Strain in the Gulf (Parolin) 1.8. Constitutional Reform in Oman: Rights Granted under Reserve (Al-Azri) Part 2: What Basis for Statehood: Religion or Citizenship? 2.1. Al-Dawlah al-Madan?yah: A Concept to Reconcile Islam and Modern Statehood? (El-Daghili) 2.2. Islam and the Constitutional State - Are They in Contradiction? (Horchani) 2.3. State and Religion in the Aftermath of the Arab Uprisings (Jebnoun) 2.4. The Relationship between Constitutions, Politics, and Islam: A Comparative Analysis of the Maghreb Countries (Dupret) 2.5. Contesting Islamic Constitutionalism after the Arab Spring: Islam in Egypt's Post Mub?rak Constitutions (Brown / Lombardi) 2.6. The Caliphate State: A Basis of Modern Statehood? (Khan) Part 3: What Kind of Government: Civilian or Military? 3.1. State Control over the Military or Military Control over the State? A Comparison of Selected Arab Constitutions (Röder) 3.2. Changes in Civil-Military Relationships after the Arab Spring (Droz-Vincent) 3.3. The Changing Role of the Military in Mauritania (Babana) 3.4. The Grip of the Army on Algeria's Political System (Benchikh) 3.5. The Role of the Army in a Multi-community Society: The Case of Lebanon (Messarra) Part 4: The Fragile Basis of Democracy and Development 4.1. The Anatomy of the Arab Spring (2011-2015) (Bassiouni) 4.2. The Difficult Path towards Democracy: New Electoral Systems in Egypt, Libya and Tunisia (Debbeche) 4.3. Centralized or Decentralized State Structures? Tendencies in the Arab Transition States (Philippe) 4.4. The Legal Status of the Kurds in Iraq and Syria (Bammarny) 4.5. The Separation and Distribution of Powers under the New Morocco Constitution (Biagi) 4.6. The Quest for a New Economic Order in Egypt's Constitutional Transformation (Bälz / Schöller-Schletter) Part 5: Liberty, Equality, and the Rights of Minorities 5.1. International Human Rights Law as a Framework for Emerging Constitutions in the Arab Countries (Mahmoudi) 5.2. Civil and Political Rights as a Precondition for Democratic Participation (Al-Midani) 5.3. Citizenship Rights in Selected Arab Constitutions (Al-Awadhi) 5.4. Linguistic and Cultural Rights in the Arab Constitutions - From Arabism to Linguistic and Cultural Diversity (Karimi) 5.5. Tunisia After the Arab Spring: Women's Rights at Risk? (Gallala-Arndt) 5.6. Reflections on Women's Rights in Yemen: Opportunities and Challenges (Alawi) 5.7. Religious Minorities under Pressure: The Situation in Egypt, Iraq and Syria (Faraj) 5.8. Rights of Religious Minorities in Sudan (Ibrahim Abdelgabar) Part 6: Constitutional Courts: New Guardians of the Constitutions? 6.1. Constitutional Review in Arab Countries: Dawn of a New Era? (Grote) 6.2. Morocco's Constitutional Court After the 2011 Reforms (Bernoussi) 6.3. The Mauritanian Constitutional Court after the Military Coup of 2008 (Bouboutt) 6.4. Constitution Reform and the Rise of Constitutional Adjudication in Jordan (Hammouri) 6.5. An International Constitutional Court: Bulwark Against the Erosion of Constitutional Democracy (Ben Achour) Part 7: International Influences and Interactions 7.1. The Relationship between International Law and National Law in the New and Amended Arab Constitutions (El-Haj) 7.2. Turkish Constitutionalism: A Model for Reforms in Arab Countries? (Bâli) 7.3. The Arab Spring and the Development of Islamic Constitutionalism in Iran (Banisadr / Rezaei) 7.4. Lessons from the Iraqi Constitution-making Process (Hamoudi) 7.5. Impulses from the Arab Spring on the Palestinian State-Building Process (Khalil) 7.6. The European Union and the Constitution-making Processes in the Arab World: Observer or Actor? (Tohidipur) Epilogue: The Constitutional Legacy of the Arab Spring (Grote / Röder) List of Contributors Index