사우디아라비아의 통치기본법에 나타난 종교적 정체성과 세속적 정체성
Religious and Secular Identities of the Nation-State in the Kingdom of Saudi Arabia’s Basic Law of Government
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Generally speaking, the basic law of government or the constitution manifests political, economic and social and cultural identities of a nation-state and is put on a higher plane than any law in the legal system. Thus, an analysis of it is the first step towards understanding political, economic and social and cultural identities, as well as the aspects of people's lives, of a nation-state. Religious and secular identities are both in harmony and tension with each other in the basic law of government (or the constitution) of the nation-states in the Middle Eastern Arab-Islamic region. In order to fathom national identities in the basic law of government (or the constitution) in the region, this paper attempts to analyze the Basic Law of Government of the Kingdom of Saudi Arabia. In so doing, it endeavors to understand how Islamic shar‘ī principles are reflected in the Kingdom’s Basic Law of Government, and how they regulate the people of the Kingdom.
Abstract
Generally speaking, the basic law of government or the constitution manifests political, economic and social and cultural identities of a nation-state and is put on a higher plane than any law in the legal system. Thus, an analysis of it is the first step towards understanding political, economic and social and cultural identities, as well as the aspects of people's lives, of a nation-state. Religious and secular identities are both in harmony and tension with each other in the basic law of government (or the constitution) of the nation-states in the Middle Eastern Arab-Islamic region. In order to fathom national identities in the basic law of government (or the constitution) in the region, this paper attempts to analyze the Basic Law of Government of the Kingdom of Saudi Arabia. In so doing, it endeavors to understand how Islamic shar‘ī principles are reflected in the Kingdom’s Basic Law of Government, and how they regulate the people of the Kingdom.
참고문헌 (21)
- A. Bligh, "The Saudi Religious Elite (Ulama) as Participant in the Political System of the Kingdom", International Journal of Middle East Studies, 17, pp.37~50 (1985)
- Acemoglu, Daron, "The Colonial Origins of Comparative Development: An Empirical Investigation", American Economic Review, 91(5), pp.1369~1401 (2001)
- A’la Maududi, S, "Islamic Law and Constitution" (1992), Jamaat-e-Islami Publications
- A. Michael Tarazi, "Saudi Arabia's New Basic Laws: The Struggle for Participatory Islamic Government", Harvard International Law Journal, 34, pp.258~275 (1993)
- Brown, Nathan J, "Inscribing the Islamic Shari'a in Arab Constitutional Law. In slamic Law and the Challenges of Modernity, In Haddad and Barbara Freyer Stowasser" (2004), Altamira Press
- Cherif Bassiouni, "The Shari’ah: Sources, Interpretation, and Rule-Making", UCLA Journal of Islamic & Near Eastern Law, 1, pp.135~178 (2002)
- C. Mallat, "Constitutional Law in the Middle East: the Emergence of Judicial Power", Yearbook of Islamic and Middle Eastern Law, 1, pp.85~108 (1994)
- Coulson, Noel J, "A History of Islamic Law" (1964), Edinburgh University Press
- Dieter Grimm, "Does Europe Need a Constitution", European Law Journal, 1, pp.303~307 (1995)
- Haddad, Yvonne Yazbeck, "Islamic Law and the Challenges of Modernity" (2004), Altamira Press
- James Piscatori, "Islam in a World of Nation States" (1986), Cambridge University Press
- Mayer, Ann Elizabeth, "Islam and Human Rights: Tradition and Politics. 3rd. ed" (1999), Westview Press
- Rosenfeld,Michel, "Modern Constitutionalism as Interplay Between Identity and Diversity. In Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives: Constitutional Conflicts", pp.3~36 (1994), Duke University Press
- The Problem of 'Identity' in Constitution-Making and Constitutional Reform, Cardozo Legal Studies Research Paper No. 143, "Rosenfeld, Michel", ~ (2005)
- Thomson,Janice E, "State Sovereignty in International Relations: Bridging the Gap between Theory and Empirical Research", International Studies Quarterly, 39, pp.213~233 (1995)
- "Royal Decree No. A", 90 27, 1412 AH[DOI]
- "السعودي사우디아라비아의 기본법, Basic Law of Saudi Arabia 또는 Basic System of Governance", ~
- "Saudi Arabia Basic Law and Law of Majlis al-Shura", University of Würzberg, International Constitutional Law, ~ (1992)
- Schacht, Joseph, "Introduction to Islamic Law" (1964), Oxford University Press
- 문순홍, "녹색국가 논의의 구조와 과정, In:한국에서의 녹색정치, 녹색국가" (2002), 도설출판 당대
- 성낙인, "헌법과 국가정체성", 서울대학교 법학, 52(1), pp.101~127 (2011), 법학연구소