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This book presents a timely assessment of the impact of history,
politics and economics in shaping the Singapore Constitution, going
beyond the descriptive narrative, the authors will cast a critical
eye over the developments of the last 40 years.
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 of text, cases and materials from Asia is designed for
scholars and students of constitutional law and comparative
constitutional law. The book is divided into 11 chapters, arranged
thematically around key ideas and controversies, enabling the
reader to work through the major facets of constitutionalism in the
region. The book begins with a lengthy introduction that critically
examines the study of constitutional orders in 'Asia', highlighting
the histories, colonial influences, and cultural particularities
extant in the region. This chapter serves both as a provisional
orientation towards the major constitutional developments seen in
Asia - both unique and shared with other regions - and as a guide
to the controversies encountered in the study of constitutional law
in Asia. Each of the following chapters is framed by an
introductory essay setting out the issues and succinctly
highlighting critical perspectives and themes. The approach is one
of 'challenge and response', whereby questions of constitutional
importance are posed and the reader is then led, by engaging with
primary and secondary materials, through the way the various Asian
states respond to these questions and challenges. Chapter segments
are accompanied by notes, comments and questions to facilitate
critical and comparative analysis, as well as recommendations for
further reading.The book presents a representative range of Asian
materials from jurisdictions including: Bangladesh, China, Hong
Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri
Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.
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.
Starting with a typology of ASEAN external agreements, the authors
go on to provide an original reading of plurilateral agreements as
'joint' agreements. The book then offers both a clarification of
the effects - direct or indirect - of external agreements within
the legal orders of ASEAN Member States, and an explanation of the
effects of external agreements within the legal regime of ASEAN.
The authors conclude with a discussion of the role of ASEAN
centrality and the role of the secretariat in shaping it.
Launched in 1991, the Asian Yearbook of International Law is a
major refereed publication dedicated to international law issues as
seen primarily from an Asian perspective, under the auspices of the
Foundation for the Development of International Law in Asia (DILA).
It is the first publication of its kind edited by a team of leading
international law scholars from across Asia. The Yearbook provides
a forum for the publication of articles in the field of
international law, and other Asian international law topics,
written by experts from the region and elsewhere. Its aim is
twofold: to promote international law in Asia, and to provide an
intellectual platform for the discussion and dissemination of Asian
views and practices on contemporary international legal issues.
Each volume of the Yearbook normally contains articles and shorter
notes; a section on State practice; an overview of Asian states
participation in multilateral treaties; succinct analysis of recent
international legal developments in Asia; an agora section devoted
to critical perspectives on international law issues; surveys of
the activities of international organizations of special relevance
to Asia; and book review, bibliography and documents sections. It
will be of interest to students and academics interested in
international law and Asian studies.
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