Constitutional drafters, advisors, and commentators alike should read Kristen Stilt’s excellent article, Contextualizing Constitutional Islam: The Malayan Experience. It provides an engrossing history of a constitutional creation story—the 1957 Constitution of the Federation of Malaya (now Malaysia)—and sheds important light on the development of what Stilt terms “constitutional Islam,” or the incorporation of references to Islam and Islamic law in modern constitutions. These accomplishments alone would be enough for an enthusiastic jot. But the article does much more, raising fascinating questions about the nature of constitutional compromise and the role of religion in societal conflict, as well as pragmatic concerns about the effectiveness of international constitutional advisors.Read on here.
Tuesday, July 19, 2016
Delaney on Stilt, "Contextualizing Constitutional Islam"
Over at JOTWELL, Erin F. Delaney (Northwestern University Pritzker School of Law) has posted an admiring review of "Contextualizing Constitutional Islam: The Malayan Experience," by Kristen Stilt (Harvard Law School). The article appeared in Volume 13 of the International Journal of Constitutional Law (2015). Here's the first paragraph: