This is the first in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in selected Asian jurisdictions.
Volume 1 explores the process and contents in the making of a new constitution in each of 19 Asian jurisdictions. The book provides answers to questions on the causes, processes, substance and implementation involved in making new constitutions such as:
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. This book is an essential reference for those interested in Asian constitutional law.
Author(s): Ngoc Son Bui; Mara Malagodi (editors)
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 491
City: Oxford
Table of Contents
List of Contributors
Table of Cases
Table of National Legislation
Table of International Materials
Introduction
I. Overview of the Series
II. Contributions of Volume I – Constitution-Making
III. Methodology
IV. Structure of the Volume
1. Japan's Post-War Constitution: 'Imposed' Constitution or Hybrid between Global and Local Stakeholders?
I. Introduction
II. Cause
III. Process
IV. Substance
V. Implementation
VI. Conclusion
2. Founding and/or Refounding: South Korea's 1948 Constitution
I. Introduction
II. Context and Causes for Making a Constitution
III. Process and Features of Constitution-Making in 1948
IV. Substances and Principles of the 1948 Constitution
V. Implementation and Legacy
VI. Conclusion
3. The Longest Process: Making the 1946 Constitution of the Republic of China
I. National Survival: Constitution-Making in a Failed State
II. Towards a Revolutionary Constitution: A Long Process of Draft and Provisional Constitution-Making
III. In Defence of a Five-Power Constitution
IV. Guardian of the Constitution: The First Post-WWII Constitutional Court
4. The Making of China's 1982 Constitution
I. The Decision to Revise the Constitution
II. The Work of Revision
III. Completion and Adoption
IV. Conclusion
5. The Making of the Hong Kong Basic Law
I. Introduction
II. The BLDC and the BLCC: Organisation and Operation
III. Major Issues and their Resolution
IV. Concluding Reflections
6. North Korean Cultural Revolution: Reading Culture in the 1972 Constitution
I. Constitution of 1948: The Mirror Stage of the Nascent-State
II. The Discourse of the Three Revolutions
III. North Korea's Cultural Revolution in 1972
IV. Conclusion
7. The Making of the 1992 Mongolian Constitution
I. Background
II. The Need for a New Constitution
III. Creation of the Constitution
IV. To What Legal System Does Mongolian Law Belong?
V. Differences between the Constitutions of 1960 and 1992
VI. Implementation of the Constitution
VII. Conclusion
8. The Making of (Anti-)Colonial Constitution: The Indonesian 1945 Constitution
I. Introduction
II. Constitution and Colonialism
III. The Making of the 1945 Constitution
IV. The Paradox of Anti-Colonialism
V. Implementation: The Rise of the Authoritarian Constitution
VI. Aftermath: Reformasi and the Not-So-New Constitution
VII. Conclusion
9. Constitution-Making and Autochthony: The Constitution of the Federation of Malaya 1957
I. Introduction
II. Why Draft a Constitution?
III. The Drafting Process
IV. A Non-Autochthonous Constitution?
V. Assessment
10. 'A Better Command of Our Own Separate Destiny': Singapore's 1965 Constitution and Stewarding the Transition to a New Constitutional Order
I. Introduction: Repurposing an Extant Constitution
II. A Prolegomenon: Imperative of Constitution-Making and Creating a New Constitutional Order
III. The Process of Repurposing a Constitution
IV. The Substance of Constitution-Making
V. Making the Constitution Work: More Re-Making
VI. Conclusion
11. The Making of the 1987 Philippine Constitution
I. Causes
II. Processes
III. Substance
IV. Implementation
V. Conclusion
12. The Making of Cambodia's 1993 Constitution
I. The Reasons Behind the Making of the 1993 Cambodian Constitution
II. The Making of the 1993 Constitution
III. The Substance of the 1993 Constitution
IV. The Implementation of the 1993 Constitution
V. Conclusion
13. State-Owned Enterprises in Vietnam's 2013 Constitution
I. Introduction
II. State-Owned Enterprises in Vietnam: A Brief Overview
III. SOEs as a Driving Force Behind the 2013 Constitution-Making
IV. Discourse on SOEs in the Constitution-Making Process
V. Substantive Result and Post-Constitution-Making Implementation
VI. Conclusion
14. Democratic Facade, a Military Heart, and the Flawed Nature of Myanmar's 2008 Constitution
I. Causes and Process behind the 2008 Constitution
II. Substance of the 2008 Constitution
III. Implementation Issues for the 2008 Constitution
IV. Conclusion
15. Thailand's Competing Notions of Constituent Power: The Making of the 2017 Constitution in the Binary-Star Scenario
I. Introduction
II. Competing Notions of Constituent Power
III. Impetus to Initiate the 2017 Constitution
IV. Process of Making the 2017 Constitution
V. Contents and Implementation of the 2017 Constitution
VI. Final Remarks
16. Justice as Equity and the Making of the Indian Constitution
I. Historical Context in the Making of the Indian Constituent Assembly
II. The Categorical Sovereignty of Justice as Equity in the Indian Constitution
III. Justice as Equity and the 'Mercy of the Legislature': The Institutional Sovereignty of Parliament, and the Subordination of the Judiciary
IV. Justice as Equity, the Primacy of the Community, and the Subordination of Individual Rights
V. The Indian Constitution and Universal Franchise
VI. Conclusion
17. Making and Unmaking the Constitution of Bangladesh
I. Introduction
II. The Background
III. The Making
IV. The Design
V. The Unmaking
VI. Conclusion
18. The Failure of Transformative Constitution-Making in Sri Lanka
I. Introduction
II. Constitutional Context
III. The Current Constitution
IV. The Paradox of 1978: Mixing Untrammeled Power with Rights
V. Other Features of the 1978 Constitution
VI. The Place of Buddhism
VII. The 13th Amendment to the Constitution
VIII. The Remaking of the 1978 Constitution: The 19th Amendment
IX. A Return to Constitutional Authoritarianism: The 20th Amendment
X. Two Constitutions that Did Not Get Made
XI. The Failure of Transformative Constitution-Making
19. Post-Conflict Constitution-Making in Nepal and the Limits of Constituent Assemblies
I. Causes of Nepal's Constitution-Making
II. The Process of Constitution-Making in Nepal
III. Substance: Controversial Provisions of the 2015 Constitution
IV. Implementation
V. Conclusions
Conclusion: Comparative Constitution-Making in Asia
I. Introduction
II. Waves of Constitution-Making in Asia
III. Diffusion of Constitution-Making in Asia
IV. Models of Constitution-Making in Asia
V. Concluding Remarks
Index
