Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring

Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring (Oxford University Press, November 2017 Forthcoming)

Posted: 30 Aug 2017

See all articles by Nimer Sultany

Nimer Sultany

University of London - School of Oriental and African Studies; Harvard University - Law School - Alumni

Date Written: August 27, 2017

Abstract

What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring.

The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

Keywords: Arab Spring, constitutional theory, legitimacy, legitimation, revolution, constituent power, legal continuity, popular sovereignty, Egypt, Tunisia

Suggested Citation

Sultany, Nimer, Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring (August 27, 2017). Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring (Oxford University Press, November 2017 Forthcoming). Available at SSRN: https://ssrn.com/abstract=3027640

Nimer Sultany (Contact Author)

University of London - School of Oriental and African Studies ( email )

Thornhaugh Street, Russell Square
London, WC1H 0XG
United Kingdom

Harvard University - Law School - Alumni ( email )

1563 Massachusetts Ave
Cambridge, MA 02138
United States

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