Asli U. Bali

Constitution Writing, Religion and Democracy

This is the introduction chapter of Constitution Writing, Religion and Democracy (Cambridge University Press, forthcoming 2017). The edited volume explores the particular challenge of crafting a democratic constitution under conditions of deep disagreement over a state’s religious or secular identity. As tensions over religion–state relations are gaining increasing salience in constitution writing and re-writing around the world, the book provides a comparative outlook on questions such as what role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratizing or democratic states? The book addresses these questions by analysing a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East and offers valuable lessons for societies soon to embark on constitution-drafting or amendment processes where religion is an issue of contention.

Scapegoating the Vulnerable: Preventive Detention of Immigrants in America's “War on Terror”

This paper argues that the nations immigration laws are being misused to craft a system of preventive administrative detention of immigrant men, predominantly of Middle Eastern background. These detentions give rise to imprisonment without charge for weeks and months, denial of access to lawyers, physical and psychological abuse and ultimately deportations without a fair initial hearing or the exhaustion of available appellate recourse. I argue that this expanded use of civil immigration detention is designed to weaken constitutional due process protections, bringing into the U.S. detention tactics adopted abroad under the rubric of the war on terror. This paper also highlights similarities between the evolving administrative detention system in the United States and longer-standing practices in Israel.