海角大神

How to draft a constitution: six steps for the Middle East

Egypt鈥檚 military has suspended the country鈥檚 Constitution and tasked experts with overhauling its fundamental law. Other countries in the region may also soon be in line for such a make-over. But not all constitutions are created equal. Here are six key issues to consider when starting from scratch.

6. Should religion play a role?

However tempting it may sound to legitimate a political regime with religious beliefs, it鈥檚 a dangerous trap, say experts.

That may be especially true in places like Egypt, where normal political discourse has long been suppressed. Egypt will face debate when it rewrites its constitution on whether the second article, which names the religion of the state and Islamic law as the source of all legislation, will remain.

The best solution, they say, is a secular state that defends freedom of conscience but keeps overt expressions of religion out of the political arena. Separation of church and state 鈥渋s the only modern mainstream approach,鈥 and it鈥檚 worked in the US and all democratic European states, says Mikhail Krasnov, chair of constitutional law at Moscow鈥檚 Higher School of Economics.

 

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