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This book explains how the idea and practice of UCA are shaped by,
and inform, constitutional politics through various social and
political actors, and in both formal and informal amendment
processes, across Asia. This is the first book-length study of the
law and politics of unconstitutional constitutional amendments in
Asia. Comprising ten case studies from across the continent, and
four broader, theoretical chapters, the volume provides an
interdisciplinary, comparative perspective on the rising phenomenon
of unconstitutional constitutional amendments (UCA) across a range
of political, legal, and institutional contexts. The volume breaks
new ground by venturing beyond the courts to consider UCA not only
as a judicial doctrine, but also as a significant feature of
political and intellectual discourse. The book will be a valuable
reference for law and political science researchers, as well as for
policymakers and NGOs working in related fields. Offering broad
coverage of jurisdictions in East Asia, Southeast Asia and South
Asia, it will be useful to scholars and practitioners within Asia
as well as to those seeking to better understand the law and
politics of the region.
The Handbook of Constitutional Law in Greater China surveys
important issues of constitutional law in Mainland China, Hong
Kong, Macau, and Taiwan. It synthesizes existing scholarship,
debates, and views on important constitutional issues in the four
jurisdictions. Written by a range of scholars, it contributes to
both national and comparative scholarship on constitutional law in
these jurisdictions. The book includes four parts: Part I: History.
This part explores the constitutional movement of the Qing dynasty;
constitutional projects in modern China; and aspects of the
drafting and implementation history of the Hong Kong and Macau
Basic Laws Part II: Structure. This part discusses the relationship
between the party-state and the Chinese constitutional order;
Chinese constitutionalism; constitutional aspects of city
development under the SAR concept; constitutional review in
Mainland China; a history of Taiwan's 'Council of Grand Justices';
and judicial review in both Hong Kong and Macau Part III: Rights,
Society, and Economy. This part deals with Hong Kong's National
Security Law and its impact on the 'one country, two systems
model'; social movements and constitutionalism; LGBT rights
advocacy; the integration of capitalist regions within socialist
China; the constitutional relevance of labour reforms in Mainland
China; healthcare rights in both the Mainland and the SARS; and
foreign investment under Art. 18 of the PRC Constitution Part IV:
Transnational Engagement. This part surveys comparative writings on
China's constitution; the influence of international human rights
treaties on China's constitutional order; the international
dimension of Hong Kong's constitutional order; and the changing
role of the 'overseas judges' in Hong Kong Exploring both
historical and cutting-edge constitutional issues, this reference
book is important reading for law researchers, lawyers, graduate
students, undergraduates, and practitioners in the field of
constitutional law and politics in Mainland China, Taiwan, Hong
Kong, and Macau.
This is the first in a 4 volume set that provides the definitive
account of the major issues of comparative constitutional law in 19
Asian jurisdictions. Volume 1 explores the process and contents in
the making of a new constitution. The book provides answers to
questions on the causes, processes, substance and implantation
involved in making new constitutions such as; - What are the
political, social, and economic factors that drive the
constitution-making? - How are constitutions made, and who makes
them? - What are the substantive contents of constitution-making? -
What kinds of legislation are enacted to implement constitutions? -
How do courts enforce constitutions? The jurisdictions covered
include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia,
Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the
Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand,
and Vietnam. An essential reference for those interested in Asian
constitutional law.
This volume focuses on the making, nature, and role of the first
modern constitutions at the founding of the modern nation-states in
Southeast Asia. These historical essays add richly to our
understanding and appreciation of the founding moments and to the
theory and practice of constitutionalism in these states. This
volume makes three significant contributions. First, it helps plug
the wide knowledge gap in comparative constitutional history in
Southeast Asia. Second, it furthers our understanding of
contemporary constitutional practice and also anticipates possible
developmental trajectories in light of the foundational values
embedded in and manifested through these constitutions. Third,
through the comparative historical study of these early
constitutions, plausible theoretical insights may be gained to
further our understanding of Southeast Asia's constitutional
history. The book is essential reading for those wishing to obtain
a deeper understanding of the constitutional foundings of Southeast
Asia.
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 volume focuses on the making, nature, and role of the first
modern constitutions at the founding of the modern nation-states in
Southeast Asia. These historical essays add richly to our
understanding and appreciation of the founding moments and to the
theory and practice of constitutionalism in these states. This
volume makes three significant contributions. First, it helps plug
the wide knowledge gap in comparative constitutional history in
Southeast Asia. Second, it furthers our understanding of
contemporary constitutional practice and also anticipates possible
developmental trajectories in light of the foundational values
embedded in and manifested through these constitutions. Third,
through the comparative historical study of these early
constitutions, plausible theoretical insights may be gained to
further our understanding of Southeast Asia's constitutional
history. The book is essential reading for those wishing to obtain
a deeper understanding of the constitutional foundings of Southeast
Asia.
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.
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