By Albert H. Y. Chen
Interpreting advancements within the first decade of the twenty-first century, this authoritative selection of essays reports the evolving perform of constitutional legislation and constitutionalism in Asia. It presents a entire evaluation of the various constitutional matters and advancements in 16 East, Southeast and South Asian international locations. It additionally discusses the categories of constitutionalism that exist and the final tendencies in constitutional advancements while providing comparative, historic and analytical views on Asian constitutionalism. Written by means of top students within the box, this ebook can be of significant curiosity to scholars and students alike.
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Extra info for Constitutionalism in Asia in the Early Twenty-First Century
See also Ste´phanie Balme and Michael W. ), Building Constitutionalism in China (New York: Palgrave Macmillan, 2009), especially Chapter 1. The achievement of constitutionalism in Asia 17 Hong Kong), most of the countries in Southeast Asia (Vietnam, Cambodia, Thailand, Myanmar, Malaysia, Singapore, the Philippines and Indonesia), and two selected case studies from South Asia (India and Nepal). There is great ethnic, linguistic, religious and cultural diversity among these Asian societies. What they have in common is that they have all experienced, either directly or indirectly, Western imperialism and colonialism in their modern history, which have had a significant impact on their constitutional and political developments.
Malaysia and Singapore have trodden a stable and steady path of constitutional development since independence which I would describe as HC or close to GC, depending on how much weight we attach to civil liberties. Other Southeast Asian countries experienced varying degrees of instability in the course of their constitutional development. Among them, Indonesia may be regarded as a case of transition from HC to GC since the turn of the century. The Philippines since the democratisation of the 1980s is a case of HC approximating GC.
The KMT adhered to the strategy of constitutional development advocated by its founder, Dr Sun Yat-sen, which involved a three-stage process of military government, political tutelage (under one-party rule in preparation for the third stage) and constitutional government. Using our terminology, this may be understood as a strategy of establishing HC first and then moving towards GC. A provisional constitution for the period of political tutelage was promulgated in 1931 which expressly vested power in the KMT.