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Rule of Law, Islam, and Constitutional Politics in Egypt and Iran, The

Said Amir Arjomand, Nathan J. Brown

Publication Year: 2013

Comparative study of Islam and the rule of law in Egypt and Iran.

Published by: State University of New York Press

Title Page, Copyright

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pp. i-iv


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pp. v-vi

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Foreword Pangaea II: Global/Local Studies

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pp. vii-viii

This book series of the Stony Brook Institute for Global Studies engages the global challenges confronting humankind with research, analysis, and education. It aims at empowering individuals and communities to enjoy the benefits and avoid the dangers of globalization. Without political partisanship, the Stony Brook Institute for Global Studies will form worldwide partnerships with those who appreciate the vital contribution of academic ...

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pp. ix-x

The idea of comparing the rule of law and constitutional politics in Egypt and Iran began with two consecutive conferences entitled “Constitutionalism and the Rule of Law in Egypt and Iran,” held in November 2008. The first was organized by Saïd Amir Arjomand and sponsored by the Stony Brook Institute for Global Studies at Stony Brook‑Manhattan, and the...


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pp. xi-xii

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Introduction: The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran

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pp. 1-14

A period of global experimentation with, and enthusiasm about, constitutionalism is either drawing to a close or, at best, entering a difficult phase. Constitutionalism will not disappear, but it will find itself grappling with powerful forces of authoritarianism, emergency, nationalism, and the exigencies of administering complex societies. The Arab uprisings of 2011 are...

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Chapter 1: Shiʿite Jurists and the Iranian Law and Constitutional Order in the Twentieth Century

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pp. 15-56

Egypt and Iran shared a dual legal system of state law (qānun) and religious law (shariʿa) as well as a common pattern of modernization of the state and its judiciary organization. The perception that the shariʿa allowed judges too great a latitude to be suitable for a modern state was widely held in the late nineteenth century both in Iran and in Egypt, giving legal reform ...

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Chapter 2: The Special Court of the Clergy (Dādgāh‑e Vizheh‑ye Ruhāniyat) and the Repression of Dissident Clergy in Iran

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pp. 57-100

Very few studies examine the extent of repression against dissident clergy in Iran and the role of the Special Court of the Clergy (dādgāh‑e vizheh‑ye ruhāniyat) in this context.1 No single dissertation, thesis, journal article, or book chapter is known in Persian, English, or French that systematically traces the evolution of this special court and the cases that have been tried...

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Chapter 3: The Principle of Legality in the Iranian Constitutional and Criminal Law

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pp. 101-122

The principle of legality, which requires that no conduct be punished without a law describing the punishable act and the punishment provided for it (nullum crimen sine lege, nulla poena sine lege), is generally regarded as one of the fundamental principles of a state governed by the rule of law. It has its place in many constitutions and criminal codes in the world. Likewise, ...

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Chapter 4: Constitutionalism and Parliamentary Struggle for Relevance and Independence in Post‑Khomeini Iran

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pp. 123-152

The heterogeneous or even dissonant elements of Iran’s constitutional order are widely known. Setting aside the reality that like in other countries in the Middle East the ideals expressed in the constitution or basic laws, particularly in the arena of civil rights and freedom of expression and association, are routinely violated, the fact remains that Iran’s 1979 Constitution, ...

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Chapter 5: The Politics of Property in the Islamic Republic of Iran

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pp. 153-178

The 1979 revolution transformed Iranian politics and society through a popular movement that replaced the monarchy with a hybrid republican‑theocratic regime, a political system still in the throes of being defined by the array of conflicting social actors who shaped it into existence (Arjomand 1988, 103–210). Similar to other modern era radical ...

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Chapter 6: Legal Reforms, the Rule of Law, and Consolidation of State Authoritarianism under Mubarak

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pp. 179-206

Demonstrators standing in Tahrir Square and all over Egypt in January and February 2011 were calling for Mubarak to step down from power and for his presidential powers to be curtailed. The 1971 Constitution as well as illiberal political laws regulating political parties, elections, NGOs, the press, or trade unions were blamed for increasing the president’s powers. In his ...

Chaptre 7: Selections from the 2007 Amendments to the 1971 Constitution

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pp. 207-210

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Chapter 8: Rule of Law, Ideology, and Human Rights in Egyptian Courts

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pp. 211-232

What does rule of law imply for human rights? Advocates of liberalism would argue that the best guarantee for human rights is when the rule of law prevails in any country, and its government becomes a government of laws, not of men. Thus, whenever a dispute arises and its parties resort to a court, the judge who applies the law would definitely rule according to the ...

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Chapter 9: Islam in Egypt’s Cacophonous Constitutional Order

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pp. 233-248

In previous writings, I explored the origin of Egypt’s constitutional texts as well as the way that one important body—the Supreme Constitutional Court—has interpreted and applied Article 2 of the Constitution (positing “the principles of the Islamic shariʿa” as “the principal source of legislation”) (Brown 2001; Lombardi and Brown 2006; Brown and Sherif 2004)....

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Chapter 10: Surviving under Rule by Law: Explaining Ideological Change in Egypt’s Muslim Brotherhood during the Mubarak Era

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pp. 249-278

Several papers from the Oñati workshop observe that the rule of law did not exist in either Mubarak’s Egypt or Iran (Bernard‑Maugiron, Said, Ehsani). Rather, it had been replaced with “rule by law,” in which states use the law to control and dominate society. In the Egyptian case, anger over this situation was one of the factors that led to the uprising of January ...

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Chapter 11: Egypt’s ʿUlama in the State, in Politics, and in the Islamist Vision

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pp. 279-302

The constitutional history of Iran reminds us that ʿulama could have been playing a rather more significant role in the history of the Egyptian Constitution than has actually been the case. Similarly, the Constitution of the Islamic Republic of Iran demonstrates that a constitution could well define the powers, institutional structures, and formal position of ʿulama in the ...

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Chapter 12: Egypt’s Constitutional Revolution?

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pp. 303-312

In the chapters in this volume that focus on Egypt, a fairly dark tone arises: Egypt’s constitutional, legal, and judicial institutions seem to have been carefully crafted to serve authoritarian ends.
But in January and February 2011, a mass‑based popular insurrection began an inchoate process of dismantling the political order. As of this writing, it is not clear that the old order has been dismantled or that a new ...


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pp. 313-314


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pp. 315-332

Back Cover

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p. BC-BC

E-ISBN-13: 9781438445984
Print-ISBN-13: 9781438445977

Page Count: 344
Publication Year: 2013