By Ozan Varol As Egypt underwent a tumultuous military-led transition from autocracy to democracy beginning in 2011, a chorus of commentators advocated a “Turkish model” for civil–military relations in Egypt’s nascent democracy. This article takes up the task of giving content to that elusive phrase, beginning with an account of Turkish military involvement in politics […]
By Turkuler Isiksel Constitutionalism is often understood to mean more than mere adherence to the formal terms of a constitution. However, with the example of the 1982 Turkish Constitution in mind, this article develops a theory of “authoritarian constitutionalism” as a system in which the constitution, rather than constraining the exercise of public power, is […]
By Aslı Bâli In contexts of democratization, the definition of judicial independence may require refinement, in order to take account of the special challenges of moving from the rule of the few to the rule of the many: an independent judiciary may stall legislative and constitutional reform by engaging in a form of constitutional review […]
By Mohammad Fadel This article contrasts the jurisprudence of Egypt’s Supreme Constitutional Court (SCC) construing the meaning of “shari’a” with the practice of ordinary Egyptian courts construing Egypt’s civil code. The article argues that a shift from the lower courts’ positivist outlook on law to the common-law style of legal reasoning deployed by the SCC […]
By Clark Lombardi In recent years, a growing number of countries have adopted constitutional provisions requiring that state law be consistent with Islamic law (sharia). This article explores the trends that gave rise to “sharia guarantee clauses” (SGCs) and provides a history of their incorporation into national constitutions. It then surveys a number of the […]
By Sujit Choudhry Debates over constitutional design are at the very heart of political life as the Middle East and North Africa (MENA) witnesses the greatest degree of political transformation and regime change in a generation—the Arab Awakening. New constitutional beginnings are demanded not only as a necessary means to break from a discredited past; indeed, […]
In March 2012, Constitutional Transitions held a symposium on the constitutional reformation of the Middle East and North Africa region in the wake of the Arab Spring. The papers presented at the symposium are collected in this special edition of the International Journal of Constitutional Law, with an introduction by Constitutional Transitions Faculty Director Sujit Choudhry, and address: Islamic […]