World Congress for Middle Eastern Studies

Barcelona, July 19th - 24th 2010


Balance of Powers in the Constitutional Framework of States with Islamic Character: Monarchal and Republican Concepts in Comparison (247) - NOT_DEFINED activity_field_Panel

· NOT_DEFINED date: WED 21, 2.30-4.30 pm

· NOT_DEFINED institution: Free University Berlin/University of Goettingen (Germany)

· NOT_DEFINED organizer: Dr. iur. Naseef Naeem, M.A.

· NOT_DEFINED language: English

· NOT_DEFINED description: The aforementioned panel focuses primarily on the constitutional aspects of selected states with an Islamic Character. In this context, the term Islamic Character is used to describe and emphasis Islam as a constitutional factor within the comprehensive state concept of Saudi Arabia and Bahrain as Constitutional Monarchies on the one hand and Iran and Pakistan as Republics on the other hand. However, the papers to be presented will not deal with the question of religion regarding the substantive legal exercise but rather with the constitutional organization of states’ powers. The latter covers tendencies both of constitutional law and of constitutional policy.

Chair: Dr. iur. Naseef Naeem, M.A., Free University Berlin/University of Goettingen

Discussant: Dipl.-Jur. Hatem Elliesie, MLE, Free University Berlin

Paper presenter: Zeyneb Balazümbül, Free University Berlin, The State System of the Kingdom of Saudi Arabia: Does the Call for Reforms die away?
The first paper dealing with the Saudi Arabian Basic Law investigates whether there are formal aspects of democratic structures in the Saudi’s constitutional framework and whether there have been democratic reforms in the past. Moreover, the paper will critical evaluate democratic reforms and the impact of challenges and threats on the country’s development.

Paper presenter: Alexander Gramsch, Free University Berlin, A Constitutional Monarchy in Bahrain - Qualifying and legally evaluating the constitutional Reform in 2002
To answer the raised question in the second paper ‘A Constitutional Monarchy in Bahrain’- the speaker will analyse the genuine model of Bahrain’s government, differentiating between monarchy and democracy, both being defined by the pouvoir constituent. In contrary, after discussing the state concept of Saudi Arabia and Bahrain as Arab Constitutional Monarchies, the following two presentations focus on two Republican concepts in a non Arabic context.

Paper presenter:Johannes Dach, Free University Berlin, The Supremacy of the Clergy in the Constitutional System of Iran: Allocation of Powers and Participation of People
In view of the latest mass protests following the June 2009 presidential election in the Islamic Republic of Iran, the third paper of the panel will concentrate on the current balance of power and its allocation in the state’s apparatus.

Paper presenter: Roland Krause, Free University Berlin, Separation of Powers in Pakistan: The Case of the Chief Justice
The fourth presentation outlines the Pakistani constitution and the position of the judicial system, followed by an examination of the case of the Chief Justice of Pakistan, Mr. Iftikhar Muhammad Chaudhry. The paper concludes with an outlook on constitutional reforms currently debated in Pakistan.