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Philosophy of NonviolenceRevolution, Constitutionalism, and Justice beyond the Middle East$
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Chibli Mallat

Print publication date: 2015

Print ISBN-13: 9780199394203

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780199394203.001.0001

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Middle Eastern Constitutionalism

Middle Eastern Constitutionalism

(p.175) 11 Middle Eastern Constitutionalism
Philosophy of Nonviolence

Chibli Mallat

Oxford University Press

The chapter focuses on the specificity of Middle Eastern constitutionalism around the place of religion as the ultimate referential text, following the “Article 2” Islamic law model in successive Egyptian constitutions, and the religious sect as a deep-rooted constitutional agent. To dampen the religious reference problem, it considers multiplying a culturally rooted formulation of constitutional principles focusing on style. It then examines the elusive problem of institutionalizing conviviality among citizens operating willingly or unwillingly as members of a particular religious community/sect. To allay the sectarian deadlock, it examines solutions provided by constitutional frameworks that structure the judiciary as a safeguard and guarantor of individual and group rights, by a dynamic view of the anti-subordination principle, and by an understanding of federalism as the voice of the periphery in the center.

Keywords:   Middle Eastern constitutionalism, religious referential, Article 2 model, Islamic law, sect/agent, sectarian deadlock, legal style, cultural multiplicity, federalism, anti-subordination principle

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