The Rule of Law and Constitutionalism in Muslim Countries

38 Pages Posted: 10 May 2014 Last revised: 3 Nov 2016

See all articles by Jerg Gutmann

Jerg Gutmann

University of Hamburg - Institute of Law and Economics

Stefan Voigt

University of Hamburg - Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute)

Date Written: May 8, 2014

Abstract

Recently, several Muslim countries have passed new constitutions. In this paper, we ask two questions: first, whether Muslim influence has a discernible impact on the content of such constitutions and, second, whether it has an impact on constitutional reality. More precisely, we are interested in the consequences of Islam for institutions securing the rule of law, while taking competing socioeconomic, geographic, and historical explanations explicitly into account. To this end, we construct a new Islamic State Index to measure the influence Islam has on a society and its political and legal system. We find that Muslim influence is in conflict with the independence of the judiciary and nondiscriminatory legal institutions with respect to gender and religion. Yet, parliamentary power and the protection of property rights are not significantly more constrained in Islamic states after we control for alternative explanations.

Keywords: Islam, Islamic State Index, Sharia, Rule of Law, Constitutionalism, Endogenous Constitutions, Muslim Countries, Judicial Independence, Women’s Rights, Resource Curse

JEL Classification: B41, C81/82, H11, K00, O17, O43, O57

Suggested Citation

Gutmann, Jerg and Voigt, Stefan, The Rule of Law and Constitutionalism in Muslim Countries (May 8, 2014). Public Choice, Vol. 162, No. 3-4, 2015. Available at SSRN: https://ssrn.com/abstract=2434793 or http://dx.doi.org/10.2139/ssrn.2434793

Jerg Gutmann

University of Hamburg - Institute of Law and Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany

Stefan Voigt (Contact Author)

University of Hamburg - Institute of Law & Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany
+49-40-428385782 (Phone)
+49-40-428386794 (Fax)

CESifo (Center for Economic Studies and Ifo Institute)

Poschinger Str. 5
Munich, DE-81679
Germany

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