Constitutional Foundings in Southeast Asia

Description

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. Constitutionalism in Asia series Table of Contents List of Contributors 1. Southeast Asian Constitutional Foundings: A Constitutional-History Perspective Introduction I. The Study of Constitutional History II. Constitutional Foundings III. Conclusion 2. Keeping Close to Shore: Preserving Colonial Legacies in the 1935 Philippine Constitution Introduction I. Benevolent Imperialism II. Calling the Convention III. The Constitutional Design IV. Substance: The Bill of Rights V. Conclusion 3. The Origins of the 1945 Indonesian Constitution Introduction I. Drafting of the 1945 Constitution II. Constitutional Provisions and Its Origins III. The 1945 Constitution and the Rise of Authoritarian Regimes IV. The 1945 Constitution After Democratisation V. Conclusion 4. Timor-Leste's Post-Revolutionary Constitution: From Foundations to Practice Introduction I. Relevance II. Precursors to the 2002 Constitution III. The 2002 Constitution IV. Reflections on Practice V. Conclusion 5. The Making of Myanmar's 1947 Constitution: Geography, Ethnicity, and Law Introduction I. The Pre-War Context: 1885–1942 II. Political Factionalism in Pre-War British Burma III. War-Time Planning IV. Post-World War II Context: 1945–1947 V. Drafting the Constitution, 1944-1947 VI. Legacies 6. A Foreign Commission for Domestic Needs: The Constitutional Founding of Malaysia Introduction I. Malayan Context II. Colonial and Constitutional Precursors III. Constitutional Commission IV. Commission Deliberations V. Ruling and Reigning VI. Rights for the Individual or Rights of the Community VII. A Malayan Eastminster VIII. Conclusion 7. Foundational Moments: The 'Singapore Constitution' Introduction I. A Messy 'Founding' Constitution II. Making the State of Singapore Constitution III. The 1958 Order in Council IV. The Road to Merger: 1958-1961 V. The Terms of Merger VI. Creating Malaysia VII. Conclusion 8. The Making of Brunei's 1959 Constitution Introduction I. The Beginnings of the Proposals II. Rationale Behind the Making of the Constitution III. The Malay Constitutional Committee (Tujuh Serangkai) IV. The Early Draft Proposals V. A Review of Brunei's 1959 Constitutional Arrangements VI. In the Aftermath of the Promulgation VII. The 2004 Amendments VIII. The Future 9. Not Meant to Last: Vietnam's First Constitution Introduction I. The Democratic Republic of Vietnam II. The Republic of Vietnam III. Characteristics IV. The Constitution Making Process V. Substantial forces VI. Analysis VII. Role in Modern Vietnam's Formation 10. The Lao Constitution of 1947/1949: Creating a Nation-State Introduction I. The Historical Context II. French Laos III. The Aftermath of War IV. Unifying the kingdom V. The Modus Vivendi of 1946 VI. The Provisional Government and Constituent Assembly VII. The 1947–1949 Constitution VIII. Key Provisions of the 1947–1949 Constitution IX. From the 1947 to the 1949 Constitution X. Conclusion: The Significance of the 1947–1949 Constitution 11. The First Constitution-Making in Cambodia: Colonialism, Modernism, Nationalism and the Implications Introduction: The Three '-isms' in Context I. Political and Legal Backgrounds II. The Constitution-Making: The Deliberations and the Final Process III. The Constitution in a Nutshell IV. The Changing Concept of Sovereignty under the First Constitution V. The Constitution in Operation – A Quick Review VI. Concluding Remarks: The Legacy of the 1947 Constitution 12. The 1932 Compromise Constitution: Matrix of Thailand's Permanent Constitutional Instability I. Civilising Siam Through the Adoption of a Written Constitution II. Competing Understandings of the Constitution III. Epilogue: A Cult of the 1932 Constitution as Sacred Royal Octroy Index