The Saudi Monarchy: A Study in Constitutionalism

Abstract

This dissertation scrutinizes the Saudi monarchy through employing a theoretically grounded, relevance-based methodology for the purposes of examining constitutionalism in Saudi Arabia and sketching a novel approach for researching constitutionalism in Arab monarchies. In its descriptive contribution, the dissertation provides the most comprehensive account of Saudi monarchical decrees, including its jurisprudence and significance to the Saudi system. In addition, the dissertation contains three analytical levels: one focused on Islamic constitutional jurisprudence, one focused on Saudi royal practices, and one that utilizes the findings from these two discussions to discuss questions of constitutionalism. Accordingly, the dissertation restates classical Islamic constitutional jurisprudence, articulates the Saudi constitutional experience, evaluates and suggests reformative directions for Saudi monarchical decrees, and advances critical arguments regarding constitutionalism in Saudi Arabia. The constitutionalism aspect of the study is demonstrated through discussing issues including, but not limited to, sovereignty, legitimacy, rule of law, royal prerogative, judicial review, and separation of powers—all contextualized with the Saudi and Arab monarchical systems. The dissertation concludes with findings about the Saudi realm and a proposed framework for researching constitutionalism in Arab monarchies.