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The Arabs In The (Inter)National, Haider Ala Hamoudi Jan 2012

The Arabs In The (Inter)National, Haider Ala Hamoudi

Articles

This essay is a commentary on an article submitted by Professor Lama Abu-Odeh as part of a special symposium edition contained in Volume 10 of the Santa Clara Journal of International Law. In her piece, Professor Abu-Odeh builds on her earlier work respecting Islamic law but adds a new target to her sites, that of the study of national security. That is, we already knew Professor Abu-Odeh’s view of the typical Islamic law scholar. He is one who is focused either on the resurrection of the shari’a in some sort of reconstructed form or involved in a thoroughly misguided search …


Arab Spring, Libyan Liberation And The Externally Imposed Democratic Revolution, Haider Ala Hamoudi Jan 2012

Arab Spring, Libyan Liberation And The Externally Imposed Democratic Revolution, Haider Ala Hamoudi

Articles

Richard Albert wants to know what happened to our commitment to the democratic revolution, and I share his frustrations and his befuddlement. Indeed, I might phrase the question more broadly than he has, and ask precisely what has become of our commitment to democratic rule, however brought about. Contemporary events in the Arab world leave one more confused than ever as to America’s understanding of its own role in supporting democratic orders. This is a matter that deserves more attention than it has been receiving. I consider Professor Albert’s contribution important, and helpful in advancing the discussion in a positive …


Repugnancy In The Arab World, Haider Ala Hamoudi Jan 2012

Repugnancy In The Arab World, Haider Ala Hamoudi

Articles

“Repugnancy clauses” -- those constitutional provisions that, in language that varies from nation to nation, require legislation to conform to some core conception of Islam -- are all the rage these days. This clause, a relatively recent addition to many modern constitutions, has emerged as a central focus of academic writing on Muslim state constitutions generally, and on Arab constitutions in particular. Much of the attention it has received has been enlightening and erudite. Yet one aspect of the broader repugnancy discourse that deserves some attention is an important, often de facto, temporal limitation on the effect of the clause. …