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At the heart of constitutional interpretation is the struggle
between, on the one hand, fidelity to founding meanings, and, on
the other hand, creative interpretation to suit the context and
needs of an evolving society. This book considers the recent growth
of constitutional cases in Singapore in the last ten years. It
examines the underpinnings of Singapore's constitutional system,
explores how Singapore courts have dealt with issues related to
rights and power, and sets developments in Singapore in the wider
context of new thinking and constitutional developments worldwide.
It argues that Singapore is witnessing a shift in legal and
political culture as both judges and citizens display an increasing
willingness to engage with constitutional ideas and norms.
At the heart of constitutional interpretation is the struggle
between, on the one hand, fidelity to founding meanings, and, on
the other hand, creative interpretation to suit the context and
needs of an evolving society. This book considers the recent growth
of constitutional cases in Singapore in the last ten years. It
examines the underpinnings of Singapore's constitutional system,
explores how Singapore courts have dealt with issues related to
rights and power, and sets developments in Singapore in the wider
context of new thinking and constitutional developments worldwide.
It argues that Singapore is witnessing a shift in legal and
political culture as both judges and citizens display an increasing
willingness to engage with constitutional ideas and norms.
This book provides in-depth comparative analysis of how religious
penal clauses have been developed and employed within Asian common
law states, and the impact of such developments on constitutional
rights. By examining the theoretical and conceptual underpinnings
of religious offences as well as interrogating the nature and
impact of religious penal clauses within the region, it contributes
to the broader dialogue in relation to religious penal clauses
globally, whether in countries which practise forms of secular or
religious constitutionalism. Asian practice is significant in this
respect, given the centrality of religion to social life and
indeed, in some jurisdictions, to constitutional or national
identity. Providing rigorous studies of common law jurisdictions
that have adopted similar provisions in their penal code, the
contributors provide an original examination and analysis of the
use and development of these religious clauses in their respective
jurisdictions. They draw upon their insights into the background
sociopolitical and constitutional contexts to consider how the
inter-relationship of religion and state may determine the
rationale and scope of religious offences. These country-by-country
chapters inform the conceptual examination of religious views and
sentiments as a basis for criminality and the forms of 'harm' that
attract legal safeguards. Several chapters examine these questions
from a historical and comparative perspective, considering the
underlying bases and scope, as well as evolving objectives of these
provisions. Through these examinations, the book critically
interrogates the legacy of colonialism on the criminal law and
constitutional practice of various Asian states.
This book examines the presence of ethnic, religious, political,
and ideational pluralities in Southeast Asian societies and how
their respective constitutions respond to these pluralities.
Countries covered in this book are Brunei, Cambodia, Indonesia,
Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and
Vietnam. The chapters examine: first, the range of pluralist
constitutional values and ideas embodied in the constitutions;
secondly, the pluralist sources of constitutional norms; thirdly,
the design of constitutional structures responding to various
pluralities; and fourthly, the construction and interpretation of
bills of rights in response to existing pluralities. The 'pluralist
constitution' is thus one that recognises internal pluralities
within society and makes arrangements to accommodate, rather than
eliminate, these pluralities.
This book provides in-depth comparative analysis of how religious
penal clauses have been developed and employed within Asian common
law states, and the impact of such developments on constitutional
rights. By examining the theoretical and conceptual underpinnings
of religious offences as well as interrogating the nature and
impact of religious penal clauses within the region, it contributes
to the broader dialogue in relation to religious penal clauses
globally, whether in countries which practise forms of secular or
religious constitutionalism. Asian practice is significant in this
respect, given the centrality of religion to social life and
indeed, in some jurisdictions, to constitutional or national
identity. Providing rigorous studies of common law jurisdictions
that have adopted similar provisions in their penal code, the
contributors provide an original examination and analysis of the
use and development of these religious clauses in their respective
jurisdictions. They draw upon their insights into the background
sociopolitical and constitutional contexts to consider how the
inter-relationship of religion and state may determine the
rationale and scope of religious offences. These country-by-country
chapters inform the conceptual examination of religious views and
sentiments as a basis for criminality and the forms of 'harm' that
attract legal safeguards. Several chapters examine these questions
from a historical and comparative perspective, considering the
underlying bases and scope, as well as evolving objectives of these
provisions. Through these examinations, the book critically
interrogates the legacy of colonialism on the criminal law and
constitutional practice of various Asian states.
This book examines the presence of ethnic, religious, political,
and ideational pluralities in Southeast Asian societies and how
their respective constitutions respond to these pluralities.
Countries covered in this book are Brunei, Cambodia, Indonesia,
Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and
Vietnam. The chapters examine: first, the range of pluralist
constitutional values and ideas embodied in the constitutions;
secondly, the pluralist sources of constitutional norms; thirdly,
the design of constitutional structures responding to various
pluralities; and fourthly, the construction and interpretation of
bills of rights in response to existing pluralities. The 'pluralist
constitution' is thus one that recognises internal pluralities
within society and makes arrangements to accommodate, rather than
eliminate, these pluralities.
In recent years, law and religion scholarship has increasingly
emphasized the need to study the interaction of legal and religious
ideas and institutions, norms and practices. The overall question
that this scholarship explores may be stated as follows: how do
legal and religious ideas and institutions, methods and mechanisms,
beliefs and believers influence each other, for better and for
worse, in the past, present and future? This volume engages this
area of scholarship by examining how law regulates religion, and
how religion responds to such regulations. It examines underlying
norms influencing state regulation of religion, and challenges
emerging from such regulation. Importantly, this volume will go
beyond the conventional enquiries that draw upon the Anglo-European
approaches and experiences, and emphasize instead Asian
perspectives in order to expand and build upon existing
understandings about the complex relationship between law and
religion.
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