Constitutionalism Middle-East with strong Islamic tradition, have
Constitutionalism is a fairly recent idea in terms of the history of the political institution. It emerged from two successful revolutions against monarchs, first in the British colonies of North America and then in France, in the last quarter of the 18th century. Soon after, the idea spread among a plethora of people outside the countries of its origin.
And finally, by the end of the 20th century constitutionalism gained universal recognition. Nowadays the majority of the world´s 195 countries, including the countries of the Middle-East with strong Islamic tradition, have a valid constitution.1 I have come across many articles discussing the changing nature of constitutionalism and the emergence of international public power linked to this phenomenon. Even though I found them very enriching, I have decided to take a broader approach to this topic. In words of Gary J. Jacobsohn: “Too often our examinations of important constitutional issues fail to engage the broader issue of constitutional culture within which disputes of constitutional import occur, and when they do we usually deprive ourselves of the comparative context that can deepen our appreciation of defining aspects of constitutional identity.” 2 In my essay, I would like to focus on the religious as well as the cultural background of countries, mostly with Islamic or Islamic influenced constitutions.
I will try to find arguments for the thesis that religious transnational constitutionalism is legitimate movement representing constitutionalism. And finally, attempt to define its characteristics and distinguish it from secular transnational constitutionalism. In the first part of my essay, I will try to define constitutionalism and its main ideals, as well as theocratical governance, and look at the possibility of fusing the structures of modern constitutionalism with theocracy. In the second part, I would like to take a closer look at the constitutionalism, constitutions and constitutional culture of the particular countries. 1 GRIMM, Dieter; The Achievement of Constitutionalism and its Prospects in a Changed World. In: DOBNER, ISBN 97801995850072 JACOBSOHN, Gary J. “Comparative Constitutional Analysis and the Secular Polity.
” The Good Society, vol. 7, no. 3, 1997, pp. 62. online Available from: JSTOR, www.jstor.org/stable/20710852.