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All Outputs (42)

The Wrongs of Zionism (2024)
Journal Article
Sultany, N. (2024). The Wrongs of Zionism. The Palestine Yearbook of International Law Online, 24, 3-23. https://doi.org/10.1163/22116141_002

This essay takes the example of the documentation of Zionist crimes during the Nakba, such as the looting of Palestinian movable property, to examine how Israeli historians and philosophers assess the justness of Zionism and the legitimacy of the est... Read More about The Wrongs of Zionism.

Law’s Ideology: Neoliberalism and Developmentalism in Egyptian Jurisprudence (2024)
Journal Article
Sultany, N. (2024). Law’s Ideology: Neoliberalism and Developmentalism in Egyptian Jurisprudence. International Journal of Constitutional Law, 22(2), 255-291. https://doi.org/10.1093/icon/moae043

This article contrasts neoliberal and developmental Egyptian judicial responses to questions of social justice to examine the role of law in shaping the economy. It argues that the Supreme Constitutional Court’s jurisprudence, both before and after t... Read More about Law’s Ideology: Neoliberalism and Developmentalism in Egyptian Jurisprudence.

A Threshold Crossed: On Genocidal Intent and the Duty to Prevent Genocide in Palestine (2024)
Journal Article
Sultany, N. (online). A Threshold Crossed: On Genocidal Intent and the Duty to Prevent Genocide in Palestine. Journal of Genocide Research, 1-26. https://doi.org/10.1080/14623528.2024.2351261

This article is divided into two parts. The first part describes an increasing legal consensus, manifested in a convergence of the interpretations of Israel’s intent and pattern of conduct in Gaza as genocide. It argues, however, that the focus of th... Read More about A Threshold Crossed: On Genocidal Intent and the Duty to Prevent Genocide in Palestine.

Marx and Critical Constitutional Theory (2021)
Book Chapter
Sultany, N. (2021). Marx and Critical Constitutional Theory. In P. O'Connell, & U. Özsu (Eds.), Research Handbook on Law and Marxism (209-241). Edward Elgar. https://doi.org/10.4337/9781788119863.00019

This chapter argues that Marx proffers important resources to develop a critical constitutional theory that questions the fetishism and mystifications of modern constitutionalism and whose goal is to deepen democracy. In particular, it argues that Ma... Read More about Marx and Critical Constitutional Theory.

Arab Constitutionalism and the Formalism of Authoritarian Constitutionalism (2019)
Book Chapter
Sultany, N. (2019). Arab Constitutionalism and the Formalism of Authoritarian Constitutionalism. In H. Alvar Garcia, & G. Frankenberg (Eds.), Authoritarian Constitutionalism: Comparative Analysis and Critique (292-316). Edward Elgar. https://doi.org/10.4337/9781788117852.00018

This chapter challenges different manifestations of a ‘formalist’ approach to constitutional theory. The formalist approach deploys several labels and distinctions (constitutions without constitutionalism, authoritarian, ideological, instrumentalist... Read More about Arab Constitutionalism and the Formalism of Authoritarian Constitutionalism.

Towards Democratic Citizenship for Temporary Migrant Workers : A Non-domination Approach (2019)
Thesis
Yang, Y.-W. Towards Democratic Citizenship for Temporary Migrant Workers : A Non-domination Approach. (Thesis). SOAS University of London

This thesis considers political exclusion of temporary migrant workers (TMWs) a challenge to the legitimacy of the liberal democratic constitutional state, asking whether, and on what basis, the right to political participation is necessary for prote... Read More about Towards Democratic Citizenship for Temporary Migrant Workers : A Non-domination Approach.

Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring (2017)
Book
Sultany, N. (2017). Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring. Oxford University Press. https://doi.org/10.1093/oso/9780198768890.001.0001

What is the effect of revolutions on legal systems? What is the role of constitutions in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and co... Read More about Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring.

The Legal Structures of Subordination: The Palestinian Minority and Israeli Law (2017)
Book Chapter
Sultany, N. The Legal Structures of Subordination: The Palestinian Minority and Israeli Law. In N. Rouhana, & S. Huneidi (Eds.), Israel and Its Palestinian Citizens: Ethnic Privilege and Equal Citizenship (191-237). Cambridge University Press. https://doi.org/10.1017/CBO9781107045316.008

Part I examines the conventional story about the rise of constitutionalism and judicial activism in Israel. I question the analytical utility of this story in evaluating the role of law in Israeli society. The chapter shows that, at least with respec... Read More about The Legal Structures of Subordination: The Palestinian Minority and Israeli Law.

Repetition (2016)
Book Chapter
Sultany, N. (2016). Repetition. In H. Tawil-Souri, & D. Matar (Eds.), Gaza as Metaphor (203-217). Hurst

The Israeli onslaught on Gaza in the summer of 2014 left more than 2000 Palestinians dead. As we have seen these scenes before, the invocation of repetition comes naturally. This essay provides a brief examination of the meanings of repetition and it... Read More about Repetition.

Duncan Kennedy on Constitutional Theory and Palestine (2015)
Journal Article
Sultany, N. (2015). Duncan Kennedy on Constitutional Theory and Palestine. Unbound, 10, 84-90

In this brief contribution I would like to acknowledge Duncan Kennedy's influence on my thinking and work in the past years. My own work has focused on constitutional law and theory—and although this was not a primary concern of Duncan’s scholarship—... Read More about Duncan Kennedy on Constitutional Theory and Palestine.

Activism and Legitimation in Israel's Jurisprudence of Occupation (2014)
Journal Article
Sultany, N. (2014). Activism and Legitimation in Israel's Jurisprudence of Occupation. Social and Legal Studies, 23(3), 315-339. https://doi.org/10.1177/0964663914521449

Colonial law need not exclude the colonized in order to subordinate them, and ‘activist’ courts can advance the effect of subordination no less than ‘passive’ courts. As a case study, this article examines the jurisprudential legacy of the Israeli Su... Read More about Activism and Legitimation in Israel's Jurisprudence of Occupation.

Liberal Zionism, Comparative Constitutionalism, and the Project of Normalizing Israel (2014)
Book Chapter
Sultany, N. (2014). Liberal Zionism, Comparative Constitutionalism, and the Project of Normalizing Israel. In Y. T. Jabareen, & A. Shulhut (Eds.), On Recognition of the Jewish State (91-109). Madar Center

The second half of the 1990s witnessed the forceful introduction of the phrase“a state for all its citizens,” into the Israeli public debate, mainly by leaders and intellectuals of the Palestinian minority. Palestinian citizens of Israel challenged t... Read More about Liberal Zionism, Comparative Constitutionalism, and the Project of Normalizing Israel.

Religion and Constitutionalism: Lessons from American and Islamic Constitutionalism (2014)
Journal Article
Sultany, N. (2014). Religion and Constitutionalism: Lessons from American and Islamic Constitutionalism. Emory international law review, 28(1), 345-424

This Article examines the role of religious law in constitutionalism by focusing on Egypt and Tunisia as two main case studies: Egypt is an example of the so-called “Islamic constitutionalism” and Tunisia is an example of a more secular variety. Both... Read More about Religion and Constitutionalism: Lessons from American and Islamic Constitutionalism.