The first book in English on the law and politics of federalism and decentralization in the MENA region.

The volume compares the efforts to instil the values and practices of the rule of law in the Middle East in the early twenty-first century with their disappointing performances in terms of safety, human rights, and, especially, religious freedom. It zooms in on Afghanistan, Egypt, and Iraq to argue that international interventions and local initiatives underestimated the ethno-religious mosaic of these countries and their political and constitutional culture. The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.

Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism. At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.

This volume, the first of its kind in the English language, examines the law and politics of federalism and decentralization in the Middle East and North Africa. Comprised of eleven case studies examining the experience across the region, together with essays by leading scholars providing comparative and theoretical perspectives and a synthetic conclusion by the co-editors, the volume offers a textured portrait of the dilemmas of decentralization during a period of sweeping transition in the region. The collection addresses an important gap in the comparative decentralization literature, which has largely neglected the MENA region. Both retrospective and forward-looking in orientation, the book is a valuable resource not only for scholars of comparative politics, constitutional design, and Middle East studies, but also for policy makers evaluating the feasibility and efficacy of decentralization as a vehicle for improving governance and responding to identity conflict in any part of the world.

This volume describes and analyzes alternative and emerging models of non-territorial autonomy (NTA), particularly in relation to decentralization. The authors push the NTA debate in new directions by offering a re-conceptualization based on ethno-cultural bottom-up decentralized action that redefines autonomy into its true sense of autonomous action. Through description, critical analysis, and evaluation of several case studies, this book assesses the potential for new paradigms within decentralized systems. The authors explore two approaches to political decentralization which add to the theoretical debate on NTA – network governance, which focuses on new dynamics in policy processes, and normative pluralism, which focuses on accommodating the distinctness of the groups through the subsidiarity principle with regard to their own affairs. The book explores the potential ramifications of ethno-cultural NTA institutions acting within the wider framework of state institutions and assesses the functions of these institutions as another dimension of decentralization and thus another ‘layer’ of democracy. With contemporary examples from Europe, the Middle East, Asia and South Africa, as well as theoretical aspects of the conceptualization of autonomy, this book offers a truly global perspective. It will be of great interest to policy-makers in countries experiencing adverse developments due to the pressure on public management, as well as advanced students and scholars questioning the ability of the Westphalian system to address cultural diversity.

The Middle East has not, historically, been a first-order priority for Canadian foreign and defence policy. Most major Canadian decisions on the Middle East have come about through ad hoc decision-making rather than strategic necessity. Balancing international obligations with domestic goals, Canadian relations with this region try to find a balance between meeting alliance obligations and keeping domestic constituents content. Middle Power in the Middle East delves into some of Canada’s key bilateral relations with the Middle East and explores the main themes in Canada’s regional presence: arms sales, human rights, defence capacity-building, and mediation. Contributors analyse the key drivers of Canada’s foreign and defence policies in the Middle East, including diplomatic relations with the United States, ideology, and domestic politics. Bringing together many of Canada’s foremost experts on Canada–Middle East relations, this collection provides a fresh perspective that is particularly timely and important following the Arab uprisings.

Federal models of government have shaped history and demonstrated how diverse people can live together and govern together in relative harmony. The Forum of Federations Handbook of Federal Countries 2020 builds on the previous 2005 edition and offers a much-needed update to this signature resource in comparative federalism. Outlining every federal country in the world, each chapter provides a brief yet comprehensive overview of the history of federalism in its specific country, the constitutional nature of federalism, and recent historical dynamics. As new countries have joined the Federal ranks, this handbook brings readers up to speed offering an authoritative look at both the older federal countries as well as new federal countries like Nepal. The Forum of Federations Handbook of Federal Countries 2020 is an essential resource for academics, researchers, university students, libraries, history and governance teachers, politicians and civil servants, and casual observers of federalism.

The Kurdish-Iraqi conflict lies in the fact that Kurdistan is a nation-without-a-state and Iraq is a non-nation state, each possessing a nationhood project differing from and opposing the other. Iraqi-Kurdistan is an outward looking entity seeking external patronage. Though external patronage has played a pivotal role in the evolution of the Kurdish quasi-state, a lack of positive patronage has prevented it from achieving independence. This book looks at how the Kurdish and Iraqi quests for nationhood have led to the transformation of Iraqi Kurdistan into an unrecognised quasi-state, and the devolution of the Iraqi state into a recognised quasi-state. This is done by examining the protracted Iraqi-Kurdish conflict and by analysing the contradictions and incompatibilities between the two different nationalisms: Iraqi and Kurdish. The author explains that Kurds as a nation without a state have their own nationhood project which is in opposition to the Iraqi nationhood project. Each has its own identity, loyalty and sovereignty. The book answers the question as to how the Kurdish quest for nationhood has been treated by successive Iraqi regimes. Furthermore, it fills in the literary gaps which exist in relation to the Iraqi-Kurdish conflict by specifying and categorising the cardinal conditions that drive ethnic and nationalist conflicts which lead to the creation of separatist entities. Drawing upon a vast amount of untapped Kurdish and Arabic primary sources, the book draws on prominent theories on nation-states and quasi-states. It will particularly appeal to students and scholars of international relations, political theory and Middle Eastern Studies.