Constitutional Foundings in Northeast Asia

Description

This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of ‘constitution-making’, which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948) and Mongolia (1924). The collection provides: Constitutionalism in Asia series Contents List of Contributors 1. Northeast Asian Constitutional Foundings: The Weight of History Introduction I. Why This Book? II. The Weight of History III. The Legacies of Constitutional Foundings IV. A Note of Acknowledgement 2. The 1954 Constitution of China: Empire State Building Introduction I. National Revival II. The Constitution as Saviour of the Chinese Empire III. Chinese Constitutional Attempts Since the Qing Dynasty IV. The Death of the Liberal Democratic Model in China V. The Birth of Leninist Constitutionalism in China VI. The 1954 Constitution: The Great Consolidation of Power VII. Structure of the 1954 Constitution VIII. The PRC and State Building IX. Epilogue: Constitutional Founding 3. The Making of the Constitutional Order of the Hong Kong SAR: The Role of Sino-British Diplomacy (1982–90) Introduction I. The Negotiation of the Joint Declaration (1982–84) II. Representative Government and Sino-British 'convergence' (1984–86) III. Informal Diplomatic Dialogue and the 1987 Review (1986–88) IV. Towards the Second Draft of the Basic Law (1988–89) V. Post-4 June Developments (1989–90) VI. Conclusion 4. Macao's Constitutional Founding Introduction I. Before The Handover: The Historical Background II. The Hong Kong Model III. The Making of the Macao Basic Law IV. A Summary 5. The Birth of the Constitution of the Republic of China Introduction I. The ROC Constitution and the Draft Constitutions II. Constitutional Questions Considered by the Drafters and their Aftermath III. The Impact of Internal and External Factors IV. The Impact of the ROC Constitution on Taiwan"s State Building V. Conclusion 6. The Meiji Constitution and Japan's Emergence in the International Order, 1853–1905 Introduction I. Japan"s Introduction to a New International Order: International Law and the Japanese Ancien Régime II. Legal Modernisation and the Reformulation of Tradition III. The Creation of the Meiji Family IV. The Changing Place of Japan in the International Order and the Meiji Constitution V. Epilogue 7. Thirty-Years-Old at Birth? The Constitutional Founding of the Republic of Korea Introduction I. Pre-history: Constitutionalism under Colonial Occupation? II. Liberation, National Division and Constitutional Debates III. Enacting the Founding Constitution IV. Legacy of the Founding Constitution V. Conclusion 8. Constitutional Founding in the Democratic People's Republic of Korea Introduction I. The Road to the Constitution II. Preparing the 1948 Constitution III. Description of the 1948 Constitution IV. Constitution and State Making V. Contexts of Constitutional Founding VI. Endurance and Revision: The 1972 Constitution VII. Constitutional Founding in Relation to South Korea VIII. Conclusion 9. The 1924 Constitution: Towards the Modernisation of Mongolia Introduction I. Prelude to the First Constitution II. The Process of Constitution-Making III. Questions Debated During the Drafting IV. Drafting Mongolia"s First Constitution: Internal and External Factors V. The Structure and Nature of the 1924 Constitution VI. Some Essential Concepts in Mongolian Constitutions VII. The Impact and Influence of the 1924 Constitution VIII. Implications Index