Checks and Balances Mechanism in Islamic Constitutionalism: A Critical Reflection

Abstract

This article examines the issue of mechanism of controlling the power balance amongst three arms of the government (separation of powers) in Islamic constitutionalism. Having a look at the classic texts in the Islamic tradition, the article offers some critical reflection on the role and position of the executive, parliament and judiciary under Islamic constitutionalism. It provides an argument that the main problem could be seen to lie in the lack of attention given to the structures of political accountability, rather than to any flaws in the concept of Islamic constitutionalism itself.