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Constitutional Change in the Contemporary Socialist World
  • Language: en
  • Pages: 385

Constitutional Change in the Contemporary Socialist World

  • Categories: Law

After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world China, Cuba, Laos, North Korea, and Vietnam which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents o...

Confucian Constitutionalism in East Asian Law
  • Language: en

Confucian Constitutionalism in East Asian Law

  • Type: Book
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  • Published: 2015
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  • Publisher: Unknown

None

Asian Comparative Constitutional Law, Volume 1
  • Language: en
  • Pages: 495

Asian Comparative Constitutional Law, Volume 1

  • Categories: Law

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.

Asian Comparative Constitutional Law
  • Language: en

Asian Comparative Constitutional Law

  • Type: Book
  • -
  • Published: 2023
  • -
  • Publisher: Unknown

None

Confucian Constitutionalism in East Asia
  • Language: en
  • Pages: 234

Confucian Constitutionalism in East Asia

  • Categories: Law
  • Type: Book
  • -
  • Published: 2016-02-12
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  • Publisher: Routledge

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

Pluralist Constitutions in Southeast Asia
  • Language: en
  • Pages: 444

Pluralist Constitutions in Southeast Asia

  • Categories: Law

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.

Asian Comparative Constitutional Law, Volume 2
  • Language: en

Asian Comparative Constitutional Law, Volume 2

  • Categories: Law

This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions. Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as; - Who initiates an amendment proposal? - How is the amendment proposal adopted? - How are the amendments codified? and the neo-institutional questions regarding amendment practices such as; - Why is the constitution amended? - Who engages in the amendment process? - How does the amendment affect the political system and the society? Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, and Thailand.

Constitutional Foundings in Southeast Asia
  • Language: en
  • Pages: 351

Constitutional Foundings in Southeast Asia

  • Categories: 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.

Routledge Handbook of Constitutional Law in Greater China
  • Language: en
  • Pages: 517

Routledge Handbook of Constitutional Law in Greater China

  • Categories: Law

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 rel...

The Law and Politics of Unconstitutional Constitutional Amendments in Asia
  • Language: en
  • Pages: 318

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

  • Categories: Law
  • Type: Book
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  • Published: 2021-11-30
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  • Publisher: Routledge

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.