The Saudi Model and Sharīʿa as Constitution

In this chapter, I analyze the (pseudo)constitutional model of Saudi Arabia, which I consider to be a separate and distinct model in respect of the aforementioned ones. Here, I discuss the interaction between sharı̄ʿa and a Western-derived legal system based on the instrument or the royal decree as an administrative act, therefore, in the virtual absence of the Western notion of “law”. The Saudi model’s peculiarity mainly relies on its direct reference to sharı̄ʿa, without the mediation of a constitutional clause founding its applicability according to certain rules, as in the case of Egypt. On the contrary, here the Basic Law refers to sharı̄ʿa in a declaratory way, considering it as a preexisting reality that does not need further legal recognition by the State, with relevant implications.