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For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits?
In The Struggle for Constitutional Power, Tamir Moustafa addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab World.
The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The Struggle for Constitutional Powerexamines the dynamics of legal mobilization in this most unlikely political environment.
Standing at the intersection of political science, economics, and comparative law, The Struggle for Constitutional Powerchallenges conventional wisdom and provides new insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.
- Sales Rank: #5629056 in Books
- Published on: 2007-06-11
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .87" w x 5.98" l, 1.29 pounds
- Binding: Hardcover
- 340 pages
Review
"The revision of a doctoral dissertation accepted by the University of Washington, Professor Tamir Moustafa's THE STRUGGLE FOR CONSTITUTIONAL POWER: LAW, POLITICS AND ECONOMIC DEVELOPMENT IN EGYPT is a model of outstanding scholarly research. This book deals with an important topic, and Moustafa does it justice. Not only does this volume constitute a comprehensive analysis of political and economic change in Egypt during the past 40 years, but it suggests new directions for scholarly research for students of comparative law and legal systems. No specialist in the fields specified can afford to ignore this important study."
-- Antony T. Sullivan, President, Near East Support Services International, Ann Arbor, Michigan, Law and Politics Book Review
"This is an important book, to be read by scholars and students of comparative constitutionalism and constitutional democracy. Moustafa (Simon Fraser Univ., Canada) addresses fundamental questions such as whether democracy is a necessary prerequisite for effective judicial power. He challenges the common assumption that courts in authoritarian states are pawns of the regime and obstacles to the realization of minority rights....Highly recommended."
--Choice Magazine Editor's Picks for August 2008, J. B. Grossman, Johns Hopkins University
"Carefully sourced, meticulously organized, and engagingly written, The Struggle for Constitutional Power is as gripping as political science gets."
-- Mona el-Ghobashy, Barnard College, International Journal of Middle East Studies
"Moustafa's first solo book, based on his award-winning doctoral dissertation, provides a ground-breaking approach to the role of judicial institutions within authoritarian polities, focusing on the creation, empowerment, and eventual demise of the Egyptian Supreme Constitutional Court (ESCC), and its place within the broader context of the Egyptian state...The importance of Moustafa's work for our understanding of judicial institutions cannot be overstated."
Journal of Politics, Raul Sanchez Urribarri, University of South Carolina
About the Author
Tamir Moustafa is Associate Professor of International Studies and Jarislowsky Chair in Religion and Cultural Change at Simon Fraser University. His research stands at the intersection of comparative law and courts, religion and politics,and state-society relations, all with a regional focus on the Middle East. He was the recipient of the Edward S. Corwin Award for the Best Dissertation in Public Law from the American Political Science Association (2004) and the Best Dissertation Award from the Western Political Science Association (2004).
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2 of 2 people found the following review helpful.
Why stifling regimes can produce vibrant courts
By Arnold
Tamir Moustafa's The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt addresses an important paradox in the study of comparative courts: why do stifling authoritarian regimes such as Egypt's sometimes create vibrant courts with judicial review? Through an in-depth case study of Egypt's Supreme Constitutional Court, Moustafa provides a nuanced and multifaceted answer, combining the regime's need for legitimacy and its desire to attract foreign investment. In both cases, the courts acted as a credible commitment, through which even a government defeat could enhance the regime's credibility. Moustafa provides a great review of the theoretical literature (at the time of publication at least), as well as a nearly blow-by-blow account of the Supreme Constitutional Court's interaction with the political elites. I suspect this book will serve to generate theories about courts in authoritarian regimes, which I then hope other scholars will test using large sample studies. Highly recommended for scholars of comparative law and politics.
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