KDEC 9300 - Constitutional challenges: Law and politics in contemporary Middle East
The Arab uprisings of 2011 and subsequent events have placed questions of governance at the center of regional and even global attention. The questions raised are ones that have come up in other waves of constitution making in modern history. In this course, students will critically analyze Arab cases, using concepts such as state of exception, constitutional identity, the semi-presidential system subtypes, gender issues, and sectarianism. They will explore the interplay between the rulers and ruled and the transformative mechanisms that facilitated survival or removal of regimes after the uprisings. By examining successful and troubled cases, the course will shed light on the political struggles involved, the rationale behind the choices made in crafting the documents by the involved parties, and the impact of these choices on the society of each selected case. At the end of the course, students will have gained a comprehensive understanding of the factors that influenced the constitutional design and their impact on the region's stability.
Sanaa ALSARGHALI
Séminaire
English
The workload is reasonable. Preparation of the readings is required each week and the final paper can be
planned in advance.
The reading for each class will not exceed a chapter or two journal articles.
Autumn 2023-2024
The mark is divided according to the following criteria: 15% will be allocated to participation in the classroom and engagement with the guest speakers during certain lectures. 30% is allocated to a presentation that can be formed by a group of up to three students. The presentation should focus on an issue from the case studies discussed in the lectures. 55% is allocated to a final paper, which should not exceed 2000 words. For the final paper, students can choose one of the three topics that will be sent to them.
Each session is divided into a 45-minute lecture followed by an interactive discussion. In some lectures, guest speakers with experience in the discussed cases, such as Egypt, Tunisia, Iraq, and Lebanon, will be invited. Students will have the opportunity to engage in a discussion with the guest speakers after the lecture. To fully participate and benefit from the lectures, students are required to prepare the assigned readings beforehand.
Alsarghali S, Mabon S & Rushaid A (eds) States of Exception or Exceptional States: Law, Politics and Giorgio Agamben in the Middle East (I.B.Tauris, London, 2022).
Brown N, Constituting Constitutionalism: Lessons from the Arab World', in Stéphane Lacroix, and Jean-Pierre Filiu (eds), Revisiting the Arab Uprisings: The Politics of a Revolutionary Moment ( (Oxford University Press 2019)
Biagi F, Constitution Drafting After the Arab Spring: A Comparative Overview' (2022) Vol. (29) Iss. (1) Indiana Journal of Global Legal Studies, Article 1.