Constitutional Politics In The Middle East: With Special Reference To Turkey, Iraq, Iran and Afghanistan (Oñati International Series In Law and Society)

Description

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 Saïd 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 modernization. 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 and showing the consequences of the origins of the constitutions of Turkey and Iran in revolutions, and of Afghanistan and Iraq in war and foreign invasion.

Editors Biography

Saïd Amir Arjomand is Distinguished Service Professor of Sociology at the State University of New York at Stony Brook and the founder and President (1996-2002, 2005-08) of the Association for the Study of Persianate Societies.

Rosemary Hunter FacSS is Professor of Socio-Legal Studies and Founding Head of Law at the School of Social Sciences and Humanities at Loughborough University, UK. She is a feminist socio-legal scholar with particular interests in family law and family justice processes, judging and the judiciary, and access to justice. She has published widely on these topics in both Australia (where she began her academic career) and the UK. With Anne Barlow, she was a member of the ESRC-funded Mapping Paths to Family Justice project, which resulted in their prize-winning book, Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times (Barlow, Hunter, Smithson and Ewing, 2017). Rosemary has been the Academic Member of the Family Justice Council since 2016 and leads the Council’s Domestic Abuse Working Group. She is also a member of the Private Law Working Group and the Ministry of Justice’s Expert Panel on Harm in the Family Courts. She is a former Chair of the SLSA and a former Council member of JUSTICE.

David Nelken is Professor of Comparative and Transnational Law and past Vice-Dean for Research at King’s College London, UK. Widely published in sociology of law and in criminology, he has received awards from the American Sociological Association, the American Society of Criminology, the International Sociological Association, and the (USA) Law and Society Association. He has twice been a Trustee of the LSA and Vice-President of the RSCL.