The Second Wave of Liberal Constitutionalism

During the first half of the XX century the IDEOLOGICAL CONSTITUTIONALISM appeared.

AL-BANNA (1906-1949), the founder of the Muslim Brotherhood, was one of the most important intellectuals of the period. This man originally created the concept of integralism: according to him, Islam was “integralism” because of the non-separation between the religious and political spheres.

The term integralism underwent a transformation until arriving to today’s meaning.

The colonial state (after the fall of the Ottoman empire) has not to be destroyed but transformed to be coherent with the Islamic state.

The STATE is just a tool to apply and enforce the Islamic law. The state has an educative function in teaching Islamic law, and therefore only and Islamic government is legitimate because it is the only government who implements Islamic law.

Principle of HAKIMIYYA (“sovereignty”): it is the application of the principle of sovereignty to the Eastern view ➔ sovereignty of God, not that of people.

PAKISTAN was born between 1947-48 because the Islamic minority did not want to belong to a Hindu country.

The most important intellectual was AL-MAWDUDI (1903-1979), who imagined Islamic democracy as a theo-democracy (an ideological state that applies the principle of hakimiyya).

Principles of the Ideological Constitutionalism:
- the Constitution is a tool to spread an ideology and to transform a society;
- everything that clashes with the ideology has to be refused (even if they are human rights) ➔ the model was the USSR Constitution of 1918.