Religion and Constitutionalism: Lessons from American and Islamic Constitutionalism

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Sultany, Nimer;
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This Article examines the role of religious law in constitutionalism by focusing on Egypt and Tunisia as two main case studies: Egypt is an example of the so-called “Islamic constitutionalism” and Tunisia is an example of a more secular variety. Both cases are analyzed ... View more
  • References (178)
    178 references, page 1 of 18

    1 See infra Part I.A.

    2 Carlotta Gall, Liberal Opposition Leader is Assassinated in Tunisia, N.Y. TIMES, July 26, 2013, at A4; Carlotta Gall, Protesters Gather as Slain Tunisian Politician is Buried, N.Y. TIMES, July 28, 2013, at 12.

    3 See, e.g., Khaled Fahmy, 'We Did Not Risk Our Lives Simply to Change the Players', CNN (July 3, 2013), http://edition.cnn.com/2013/07/03/opinion/egypt-morsy-khaled-fahmy.

    4 See, e.g., David D. Kirkpatrick & Kareem Fahim, By the Millions, Egyptians Seek Morsi's Ouster, N.Y. TIMES, July 1, 2013, at A1.

    5 See, e.g., David D. Kirkpatrick, Egypt Army Ousts Morsi, Suspends Charter, N.Y. TIMES, July 4, 2013, at A1; Abigail Hauslohner, William Booth & Sharaf al-Hourani, Egypt's Military Ousts Morsi, WASH. POST, July 3, 2013, at A1.

    6 David D. Kirkpatrick, Hundreds of Egyptians Killed in Government Raids; Emergency Declared as Sectarian Violence Spreads, N.Y. TIMES, Aug. 15, 2013, at A1; Egypt: Security Forces Used Excessive Lethal Force: Worst Mass Unlawful Killings in Country's Modern History, HUM. RTS. WATCH (Aug. 19, 2013), http://www.hrw.org/news/2013/08/19/egypt-security-forces-used-excessive-lethal-force; Amnesty Int'l, Egypt's Disastrous Bloodshed Requires Urgent Impartial Investigation (Aug. 16, 2013), http://www.amnesty. org/en/news/egypt-s-disastrous-bloodshed-requires-urgent-impartial-investigations-2013-08-16.

    7 Hamza Hendawi, Egypt: Islamists Hit Christian Churches, ASSOCIATED PRESS, Aug. 18, 2013, available at LEXIS, International News.

    13 NATHAN J. BROWN, CONSTITUTIONS IN A NONCONSTITUTIONAL WORLD: ARAB BASIC LAWS AND THE PROSPECTS FOR ACCOUNTABLE GOVERNMENT 143-45, 161-65 (2002).

    14 See, e.g., Ann Elizabeth Mayer, Law and Religion in the Muslim Middle East, 35 AM. J. COMP. L. 127, 138-39 (1987).

    15 Article 2, Section 1, Subsection A, Doustour Joumhouriat al-Iraq [The Constitution of the Republic of Iraq] of 2005.

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