Democracy: The Rule of Law and Islam

Forside
Eugene Cotran, Adel Omar Sherif
BRILL, 1. jan. 1999 - 578 sider
This book brings together, for the first time, independent and highly respected lawyers and jurists from both sides of this century-old conflict, to identify and assess areas of common interest. As violence diminishes in favour of negotiation and compromise, all issues covered by the ongoing discussions will be determined by emerging rule of law. The book contains original contributions from an experienced team of Palestinian and Isrealic lawyers and scholars in the field and covers a range of strategic issues, including history and law, key international treaties, the domestic dimensions of the peace process, water arrangements, economic issues, and the legal institutions which are being created and must adapt to the new scene. An important feature of the book is that it succeeds in showing that the traditional opposition os Israeli and Arab views may be giving way to a common informed reflection on modes of coexistence primarily determined by law.
Contributers include Raja Shehadeh, Ruth Gavison, Eyal Benvenisti, Eugene Cotran, David Kretzmer, Anis Al-Qasem, Celia Fassberg, Sharif Elmusa, Mahmud El Jaafari, Eran Feitelson, Ruth Levush, and Mona Rishmawi.
 

Innhold

Introductory Summary
3
Separation of Powers and Judicial Independence
25
Court Authority Necessary for a Democracy
45
Perspectives on the Independence of Judiciaries
63
Recapturing Democracy in a Modern
73
The Right to a Judicial Remedy International
93
Judicial Review as Dialogue
103
Human Rights Abuses and the Protection
111
A System of Ordered Liberty
309
Good Governance and Human Rights
331
Implementing Childrens Rights Under the
343
Introductory Summary
359
Freedom of Thought Freedom of Conscience
373
The Freedom of Religion Between Scylla
393
Islam in Russia Cooperation and Contradictions
425
Political Rights and Democracy in Islamic
455

SECTION 2
115
The Incorporation of the European Convention
135
Protecting the Accused and Crime Victims Through
161
Do Human Rights Require a Particular Form
193
The Arab League and Human Rights Protection
211
Recent Landmark Decisions of the Supreme
239
The Role of the Supreme Constitutional Court
273
Muslim Women and Human Rights The
477
Islamic Constitutionalism in Theory and
491
Islamic Sharia and Constitutional Interpretation
507
Conformity with Islamic Sharia and Constitution
525
Protection for Religious Freedom The Grim Legacy
545
Index
569
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