Asian Comparative Constitutional Law, Volume 1: Constitution-Making

Description

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. 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