Constitution Making In Asia

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Constitution-making in Asia

H. Kumarasingham
Constitution making in Asia Book PDF

Author : H. Kumarasingham
Publisher : Routledge
Page : 212 pages
File Size : 46,6 Mb
Release : 2016-03-31
Category : History
ISBN : 9781317245100

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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.

Asian Comparative Constitutional Law, Volume 1

Ngoc Son Bui,Mara Malagodi
Asian Comparative Constitutional Law Volume 1 Book PDF

Author : Ngoc Son Bui,Mara Malagodi
Publisher : Bloomsbury Publishing
Page : 495 pages
File Size : 48,5 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509949717

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Asian Comparative Constitutional Law, Volume 1 by Ngoc Son Bui,Mara Malagodi Pdf

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 book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). 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.

Politics and Constitutions in Southeast Asia

Marco Bünte,Björn Dressel
Politics and Constitutions in Southeast Asia Book PDF

Author : Marco Bünte,Björn Dressel
Publisher : Routledge
Page : 342 pages
File Size : 46,8 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781317537656

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Politics and Constitutions in Southeast Asia by Marco Bünte,Björn Dressel Pdf

In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Comparative Constitutional Law in Asia

Rosalind Dixon,Tim Ginsburg
Comparative Constitutional Law in Asia Book PDF

Author : Rosalind Dixon,Tim Ginsburg
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 41,7 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781781002704

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Comparative Constitutional Law in Asia by Rosalind Dixon,Tim Ginsburg Pdf

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Constitutional Foundings in Northeast Asia

Kevin YL Tan,Michael Ng
Constitutional Foundings in Northeast Asia Book PDF

Author : Kevin YL Tan,Michael Ng
Publisher : Bloomsbury Publishing
Page : 257 pages
File Size : 52,5 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781509940196

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Constitutional Foundings in Northeast Asia by Kevin YL Tan,Michael Ng Pdf

This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924). The collection provides: - an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories; - analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and - theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.

Constitutional Foundings in Southeast Asia

Kevin YL Tan,Ngoc Son Bui
Constitutional Foundings in Southeast Asia Book PDF

Author : Kevin YL Tan,Ngoc Son Bui
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 42,8 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509918935

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Constitutional Foundings in Southeast Asia by Kevin YL Tan,Ngoc Son Bui Pdf

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.

Asian Comparative Constitutional Law, Volume 1

Ngoc Son Bui,Mara Malagodi
Asian Comparative Constitutional Law Volume 1 Book PDF

Author : Ngoc Son Bui,Mara Malagodi
Publisher : Bloomsbury Publishing
Page : 495 pages
File Size : 46,8 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509949700

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Asian Comparative Constitutional Law, Volume 1 by Ngoc Son Bui,Mara Malagodi Pdf

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 book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). 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.

Constitutional Foundings in South Asia

Kevin YL Tan,Ridwanul Hoque
Constitutional Foundings in South Asia Book PDF

Author : Kevin YL Tan,Ridwanul Hoque
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 44,8 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509930272

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Constitutional Foundings in South Asia by Kevin YL Tan,Ridwanul Hoque Pdf

This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

Constitutionalism in Asia

Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Constitutionalism in Asia Book PDF

Author : Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Publisher : Bloomsbury Publishing
Page : 1280 pages
File Size : 48,6 Mb
Release : 2014-02-19
Category : Law
ISBN : 9781782252238

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Constitutionalism in Asia by Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh Pdf

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.

Constitutionalism in Asia in the Early Twenty-First Century

Hongyi Chen
Constitutionalism in Asia in the Early Twenty First Century Book PDF

Author : Hongyi Chen
Publisher : Cambridge University Press
Page : 453 pages
File Size : 45,9 Mb
Release : 2014-04-17
Category : History
ISBN : 9781107043411

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Constitutionalism in Asia in the Early Twenty-First Century by Hongyi Chen Pdf

A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.

The United States Constitution

J. Barton Starr
The United States Constitution Book PDF

Author : J. Barton Starr
Publisher : Hong Kong University Press
Page : 321 pages
File Size : 42,5 Mb
Release : 1988-09-01
Category : Law
ISBN : 9789622092013

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The United States Constitution by J. Barton Starr Pdf

The United States Constitution is the oldest written constitution in the world. But what were its origins? Is it a “living” organism or, as the only alternative, a dead one? What influence, if any, has the U.S. Constitution had on Asian countries? Twenty scholars from around the world set out to pose answers to these questions. The result of their efforts is this book which looks at the U.S. Constitution from a global perspective. At times reinforcing existing knowledge, at times breaking new ground, the authors provide new insights into the role the U.S. Constitution has played in the development of governments in the two hundred years since its inception in 1787.

Constitutional Courts in Asia

Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Constitutional Courts in Asia Book PDF

Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 55,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781107195080

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Constitutional Courts in Asia by Albert H. Y. Chen,Hongyi Chen,Andrew Harding Pdf

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

State Making in Asia

Richard Boyd,Tak-Wing Ngo
State Making in Asia Book PDF

Author : Richard Boyd,Tak-Wing Ngo
Publisher : Routledge
Page : 204 pages
File Size : 44,8 Mb
Release : 2012-09-10
Category : Political Science
ISBN : 9781134281220

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State Making in Asia by Richard Boyd,Tak-Wing Ngo Pdf

Including contributions from an international team of leading experts, this volume examines state making from a uniquely Asian perspective and reveals some of the misunderstandings that arise when states and state making are judged solely on the basis of Western history. The contributors argue that if we are to understand states in Asia then we must first recognize the particular combination of institution and ideologies embedded in Asian state making and their distinctiveness from the Western experience. Presenting new empirical and conceptual material based on original research, the book provides a unique theoretical reflection of the state through a thorough comparison of East Asian nations and, as such, will be a valuable resource to scholars of Asian politics and international relations.

Constitutionalism in Asia in the Early Twenty-First Century

Albert Chen
Constitutionalism in Asia in the Early Twenty First Century Book PDF

Author : Albert Chen
Publisher : Unknown
Page : 454 pages
File Size : 49,5 Mb
Release : 2014-05-10
Category : Constitutional law
ISBN : 1139922653

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Constitutionalism in Asia in the Early Twenty-First Century by Albert Chen Pdf

A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.

Pluralist Constitutions in Southeast Asia

Jaclyn L Neo,Ngoc Son Bui
Pluralist Constitutions in Southeast Asia Book PDF

Author : Jaclyn L Neo,Ngoc Son Bui
Publisher : Bloomsbury Publishing
Page : 444 pages
File Size : 51,7 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509920464

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Pluralist Constitutions in Southeast Asia by Jaclyn L Neo,Ngoc Son Bui Pdf

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.