030653 KU Vergleichendes Verfassungsrecht muslimischer Staaten (2019W)

This course provides a thorough survey of the constitutional orders across the Muslim world in the modern period. Spanning all Muslim-majority states from Morocco to Indonesia, we will explore the transmission of institutional forms and constitutional ideas, examine the diversity of constitutional arrangements, evaluate how effective these arrangements are, and what role religious law plays in the different jurisdictions.
The relative failure of all Muslim states to provide sufficient governance has led to high levels of popular discontent, reflected for instance in the so-called ‘Arab Spring.’ Consequently, existing constitutional arrangements are being challenged, often violently. In this course, you will learn to contextualise these demands, get to know the principal actors, and appreciate the prominent role public law plays in shaping these contests. Three common themes will characterise the course:

• We privilege the study of the legal and social reality and seek to highlight where it is at odds with dogmatic stipulations, be they religious or constitutional

• We seek to illustrate the practical tensions posed by limited administrative capabilities and political legitimacy that resulted from the incomplete reception of modern bureaucratic statehood, especially those affecting the rule of law

• We seek to examine how popular dissatisfaction with the practical performance of Muslim governments fuelled demands for greater accountability, with a particular attention to the role of the judiciary and the use of religious law as a ‘language of justice’ under the guise of cultural authenticity.

Ultimately, the course aims to equip participants to better understand Muslim contemporary discourse about the res publica, better contextualise the demands for religious law in public life, and to better ascertain the theoretical and practical feasibility of postulated religious alternatives to the still-dominant secular model of governance. The course covers each week one sub-region centred on a particularly important country, highlighting the distinct approaches towards incorporating modern state institutions.