H2020Individual fellowship2017–2019

Realist · Why do We Need a Realist Constitutional Theory to Study the Politics of Constitutional Change in the Middle East?

Horizon 2020 — Marie Skłodowska-Curie Actions

Duration
2017-08-01 → 2019-07-31
EU contribution
€212,195
Participants
1
Scheme
MSCA-IF-EF-ST

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Results in brief

Why do We Need a Realist Constitutional Theory to Study the Politics of Constitutional Change in the Middle East?

In this project, I proposed a realist interpretation of constitutional theory by focusing on constitutional politics in Turkey and the Arab Spring constitutional revolutions. Much ink has been spilled on both cases in both popular media and scholarly publications. Most of the publications written about political and legal reforms undertaken by the Justice and Development Party during the 2000s and in the wake of the Arab spring celebrated as the dawn of a new era. In Turkey, Egypt and Tunisia, in common, after the abrupt end of military tutelage or autocratic regimes, a process of new institutional and constitutional design toward a liberal democracy was on the table. For many social scientists, constitutional scholars and external Western actors, the main issue at stake in these countries was the transition from autocracy to liberal democracy. In contrast to widespread optimism about possible regime changes and social transformation in these countries, constitutional politics in Turkey and the uprisings of 2011 had unanticipated consequences: authoritarianism proved to be resilient or more intensified (in Turkey and in Egypt), the old power compact was rejuvenated (in Egypt and in part in Tunisia) or a new power compact replaced the old establishment (in Turkey), and social and economic inequalities persisted (in common). In its attempt to explain these constitution-making attempts, the constitutional theory has been largely shaped by liberal political theory and legal constitutionalism. However, this analytical and theoretical framework is grounded in legalism and moralism, and such legal moralism precludes constitutional studies from grasping the real forces that affect constitutional revolutions. Realist political theory has recently posed a challenge to liberalism. However, despite the magnitude of the impact of the theory on political theory, its influence on constitutional studies has been minimal. Realism provides an alternative theoretical perspective to that of liberalism in evaluating and examining constitutional changes and transformations on least four grounds: it focuses on the autonomy of politics, it allows for the abandoning of communitarianism and cultural relativism as alternatives to liberal theory, it requires theorizing in context, and it enables empirical studies of constitutional change that are critical. In sum, REALIST involves two main objectives. - To propose and apply constitutional transformations in the Middle East by a realist approach - To analyze and evaluate the failure of political Islam in leading a constitutional transformation on grounds of a realist political theory

Data: CORDIS, © European Union

Project objective

This research programme aims to make contribution to comparative political and legal theory by studying the recent constitutional transformation in the Middle East in at least three grounds. First, in arguing that a constitution always comes into being as a result of a historical process and a decision (will), such historical-sociological context and power relations behind the creation of constitutions can be grappled with best by a realist political and legal theory. A realist approach sees constitutions as the ultimate battleground for the groups competing for power to constitute the foundational norms and values of society. Second, if a constitution is created by a decision, there is always an agency behind that decision that executes its will power. In democratic theory such agency is being defined as the people, but the people cannot manifest its will without a representative (e.g. a class, constituent assemblies, or conventions). To this end, a realist approach carefully examines the agency of Islamic political parties so as to understand the peculiarity of the constitution-making in the Middle-East. Peculiarity here is that the recent revolutions brought Islamic parties to government, but this has only helped destabilizing the new, or present, constitutions and weakening the hope for accommodation of Islamist groups in a liberal democratic and secular constitution. Third, a comparative realist approach examines both the Western and Islamic sources of legitimacy so as to have a nuanced understanding of the contemporary crises of legitimacy which now dominates the entire region. Such comparative study is necessary because the Western (secular) concepts and institutions such as constitution, freedom of association, competitive elections, parliamentarianism and liberal rights have already moved from the Western context to other regions, setting the agenda of political discourse.

Original text from CORDIS.

Participants

  • KOBENHAVNS UNIVERSITET · KOBENHAVNCoordinatorDenmark

Links

Data: CORDIS, © European Union