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Asia-Pacific Constitutional Systems by Graham Hassall,Cheryl Saunders Pdf
This book analyzes the formal constitutional changes that have recently taken place in the Asia-Pacific region, embracing the countries of East and South East Asia and the Pacific Island states. In examining the different constitutional systems in the region, it asks several key questions: What constitutional arrangements operate in the region and how can their fundamental differences be explained? How do social, political and economic factors limit the effectiveness of the existing constitution? What lessons are gained for the practice of constitutionalism elsewhere?
The Constitutional Systems of the Independent Central Asian States by Scott Newton Pdf
This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
Central-Local Relations in Asian Constitutional Systems by Andrew Harding,Mark Sidel Pdf
This book examines territorial governance in Asia in the context of central-local relations. In an era of attempts to deal with issues such as decentralisation, conflict involving ethnic and religious enclaves, and demands for regional autonomy, it is timely to examine central-local relations in a pan-Asian perspective, assessing the attempts in a range of different constitutional systems from Japan to Myanmar to re-order constitutional structures for local government. The book looks at the constitutional systems for organising central-local relations in Asia and attempts to draw conclusions from contemporary experiences.
Central-local Relations in Asian Constitutional Systems by Andrew Harding,Mark Sidel Pdf
This book examines territorial governance in Asia in the context of central-local relations. The book looks at the constitutional systems for organizing central-local relations and attempts to draw conclusions from contemporary experiences.
Constitutional Systems in Late Twentieth Century Asia by Lawrence Ward Beer Pdf
In introductory and concluding chapters, editor Beer places the development of constitutionalism in Asian countries within its historical and world context and presents an original analysis of the meanings of constitutionalism. The remaining 13 essays are grouped by geographic area: eastern Asia (Ch
Author : Ben Saul,Catherine Renshaw Publisher : Taylor & Francis Group Page : 128 pages File Size : 40,8 Mb Release : 2014 Category : Human rights ISBN : 0415844193
Human Rights in Asia and the Pacific by Ben Saul,Catherine Renshaw Pdf
While the Asia Pacific region is one of the world s largest by population size, it has long been known for having the least developed regional and national institutional mechanisms for protecting human rights, particularly compared to the well-developed systems in Europe, the Americas, and increasingly in Africa. Asia has the least uptake of human rights treaties of any region in the world, and serious human rights violations are documented as occurring in numerous countries in the region. Asia has also presented conceptual challenges to the universality of international human rights, for instance through arguments about 'Asian values' (the collective over the individual, the economic over the political, compromise over adjudication) being inconsistent with western notions of rights. At the same time, innovative human rights practices and protections have been developed in some jurisdictions, and increasingly at the transnational level. There is increasing scholarly and practitioner interest in human rights in the Asia and Pacific regions, driven in part by recent efforts by the Association of South East Asian Nations (ASEAN) and the Pacific Islands Forum (PIF) to enhance human rights protections in those sub-regions. This edited collection makes a timely and distinctive contribution to the literature by bringing together the leading scholars in the field who have written across the gamut of thematic human rights issues in Asia and the Pacific. A particular strength of the collection is its inclusion of significant Asian and Pacific authors, who are sometimes under-represented in the mainstream legal debates. The work will be of interest to a scholarly and student audience in law (international, comparative Asian, public, constitutional, and human rights), as well as to readers in international relations, political science, Asian studies, and human rights.
The Constitutional Systems of East Asia by Mauro Mazza Pdf
This volume, which is part of the Comparative Public Law Treaties directed by prof. Giuseppe Franco Ferrari, offers the result of a reflection on the characteristics of the constitutional laws of East Asia. In the course of the work, in addition to a deepening of understanding of the legal models considered, investigations were carried out for internal comparison between the Eastern Asian legal systems, as well as for comparison with public legal systems belonging to other, mainly Western, legal traditions. The sectors of the jurisdictions that have been examined concern (a) the constitutional system, with a separate analysis of the legislative, executive and judicial bodies including constitutional justice (in the national experiences that contemplate it), (b) the forms of political-administrative decentralization, and (c) the catalogue of fundamental rights. In accordance with the prevalent trends in international literature on comparative legal methodology (as far as we are concerned, in the area of constitutional law), both diachronic and synchronic profiles of the national legal systems have been examined.
Constitution-making in Asia by H. Kumarasingham Pdf
Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Globalization and Citizenship in the Asia-Pacific by A. Davidson,K. Weekley Pdf
Millions of people around the Asia-Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia; the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship; and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.
The Oxford Handbook of International Law in Asia and the Pacific by Simon Chesterman,Hisashi Owada,Ben Saul Pdf
The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.
