アラブの春後の立憲主義：法、革命と宗教 Law and Revolution : Legitimacy and Constitutionalism after the Arab Spring (Oxford Constitutional Theory)

Sultany, Nimer

Oxford University Press（2017/11発売）

• 製本 Hardcover:ハードカバー版／ページ数 408 p.
• 言語 ENG
• 商品コード 9780198768890
• DDC分類 320.9174927

Full Description

What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? 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. The book 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. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. 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.

Contents

Introduction
Part I: Legitimacy
1: Legitimation Crisis
2: Constitutional Legitimation I
3: Constitutional Legitimation II
4: Revolution
Part II: Revolution and Legality
5: Legal Continuity
6: Law's Contradictions
7: Popular Sovereignty
Part III: Revolution and Constitution
8: Revolutionary Constitution Making
9: Reformist Constitution Making
10: Constituent Power
Afterword