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Constitutional Law

Intisar A. Rabb

Selected Works

2008

Articles 1 - 2 of 2

Full-Text Articles in Law

Divided By A Common Legal Tradition, Intisar Rabb Phd Sep 2008

Divided By A Common Legal Tradition, Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.


We The Jurists': Islamic Constitutionalism In Iraq, Intisar Rabb Phd Jan 2008

We The Jurists': Islamic Constitutionalism In Iraq, Intisar Rabb Phd

Intisar A. Rabb

This article examines the implications of incorporating Islamic law in a modern democratic constitutional context. The new Iraqi constitution's designation of Islamic law as "a source of law" placed the issue of Islamic law's role in new democracies at the forefront of the debates on "Islamic constitutionalism" - governing structures characterized by written constitutions that incorporate Islamic law. With its incorporation of both Islamic law and democratic/human rights provisions, the Iraqi constitution establishes a scenario where the government must legislate or adjudicate with respect to a set of dual norms. What challenges does the government face in attempts to legislate …