Ben Gussen: Law and Economics Portal

Ben Gussen: Law and Economics Portal The views expressed on this site are my own and do not represent
The University of Auckland nor the Auckland University of Technology.

Since 2010, in what came to be known as the ‘Arab Spring’, the Middle East and North Africa (the MENA region) has witnes...
18/08/2021

Since 2010, in what came to be known as the ‘Arab Spring’, the Middle East and North Africa (the MENA region) has witnessed a number of revolutionary waves, starting with the Tunisian Revolution. As of 2018, a number of countries, including Syria, Libya and Yemen, continue to witness civil wars and insurgencies. The Arab Spring and power struggles in its aftermath exhibit a strong influence of what could be called ‘political Islam.’ In particular, political movements inspired by religious doctrine have been vying for a voice in proposals for new constitutional arrangements. While Islamic law have been discussed as a source for constitutional designs, there is a clear reliance on the model of the nation-state, as indoctrinated through European colonial powers. This paper argues that such adherence to the ideal of a homogenous nation will not, on the long run, furnish a (politically) stable constitutional platform. The Turkish model, seen as an exemplar for constitutional reform in the region, faces the same challenges form sizable ethnic (or religious) minorities.

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