Constitutionalism in Muslim Majority Countries: A Review of the Experiences and Lessons

Abstract

A constitution, among other things, defines, delimits, balances, and separates powers of the three organs of government. The theory of ‘constitutionalism’ suggests that an Executive remains legitimate only while functioning within the limits of its power ordained in the constitution. Based on a review of the ‘active’ constitutions in the Muslim majority countries (MMCs) this essay highlights the good measures that the MMC constitutions have for ensuring integrity of the constitution, and for forming the judiciary that may protect the constitution. The analyses are likely to be helpful to other countries in improving constitutionalism.

Keywords: Bangladesh, Constitution, Democracy, Islam, Malaysia, Turkiye, Suspended constitution, Muslim majority countries, Constitutionalism, Judicial council, Constitutional court, Executive capture, Executive-dominated