Law and Revolution

Legitimacy and Constitutionalism After the Arab Spring

Inbunden, Engelska, 2017

Av Nimer Sultany, UCL) Sultany, Nimer (Senior Lecturer in Public Law, Senior Lecturer in Public Law, the School of Oriental and African Studies, SULTANY, Sultany

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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.

Produktinformation

Utgivningsdatum2017-11-23
Mått164 x 241 x 30 mm
Vikt778 g
FormatInbunden
SpråkEngelska
SerieOxford Constitutional Theory
Antal sidor408
FörlagOUP OXFORD
ISBN9780198768890
UtmärkelserJoint winner of the ICON·S Book Prize Winner of the Society of Legal Scholars' Peter Birks Prize for Outstanding Legal Scholarship 2018 Shortlisted for the 2019 Hart-SLSA Book Prize

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Nimer Sultany is Senior Lecturer in Public Law at the School of Oriental and African Studies, University of London. He holds an SJD from Harvard Law School; an LL.M. from University of Virginia; an LL.M. from Tel Aviv University; and an LL.B. from the College of Management. He was a recipient of the British Academy Mid-Career Fellowship and the Baldy Fellowship in Interdisciplinary Legal Studies at SUNY Buffalo Law School.

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.