Politics and Constitutions in Southeast Asia

Author: Marco Bünte
Publisher: Routledge
ISBN: 1317537661
Format: PDF, ePub, Docs
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Routledge Handbook of Southeast Asian Politics

Author: Richard Robison
Publisher: Routledge
ISBN: 1136579184
Format: PDF, Kindle
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This Handbook provides a comprehensive analysis of the major themes that have defined the politics of Southeast Asia. It provides a comprehensive and cutting-edge examination of this important subject. The introductory chapter provides an overview of the theoretical and ideological themes that have dominated the study of the region's politics and presents the different ways the complex politics of the region have been understood. The contributions by leading scholars in the field cover a range of broad questions about the dynamics of politics. The Handbook analyses how the dominant political and social coalitions of the region were forged in the Cold War era, and assesses the complex processes of transition towards various forms of democratic politics. How institutions and systems of governance are being forged in an increasingly global environment is discussed and whether civil society in Southeast Asia has really evolved as an independent sphere of social and political activity. The Handbook examines how national governments are dealing with growing tensions within the region as matters such as labour, human rights and the environment spill beyond national boundaries, and how they are establishing a place in the new global framework. By engaging the Southeast Asian experience more firmly with larger debates about modern political systems, the Handbook is an essential reference tool for students and scholars of Political Science and Southeast Asian studies.

Constitution Making in Asia

Author: Harshan Kumarasingham
Publisher:
ISBN: 9780415734585
Format: PDF
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Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Routledge Handbook of South Asian Politics

Author: Paul R. Brass
Publisher: Routledge
ISBN: 1134078587
Format: PDF, Mobi
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The Routledge Handbook of South Asian Politics examines key issues in politics of the five independent states of the South Asian region: India, Pakistan, Bangladesh, Sri Lanka, and Nepal. Written by experts in their respective areas, this Handbook introduces the reader to the politics of South Asia by presenting the prevailing agreements and disagreements in the literature. In the first two sections, the Handbook provides a comprehensive introduction to the modern political history of the states of the region and an overview of the independence movements in the former colonial states. The other sections focus on the political changes that have occurred in the postcolonial states since independence, as well as the successive political changes in Nepal during the same period, and the structure and functioning of the main governmental and non-governmental institutions, including the structure of the state itself (unitary or federal), political parties, the judiciary, and the military. Further, the contributors explore several aspects of the political process and political and economic change, especially issues of pluralism and national integration, political economy, corruption and criminalization of politics, radical and violent political movements, and the international politics of the region as a whole. This unique reference work provides a comprehensive survey of the state of the field and is an invaluable resource for students and academics interested in South Asian Studies, South Asian Politics, Comparative Politics and International Relations.

Routledge Handbook of Asian Law

Author: Christoph Antons
Publisher: Routledge
ISBN: 1317337395
Format: PDF, ePub
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The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development;? Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

The Politics of Personal Law in South Asia

Author: Partha S. Ghosh
Publisher: Routledge
ISBN: 1136705112
Format: PDF, Kindle
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It is a political study of the controversy surrounding the issue of the uniform civil code vis-à-vis personal laws from a South Asian perspective. At the centre of the debate is whether there should be a centralized view of the legal system in a given society or a decentralized view, both horizontally and vertically. This issue is entangled within the threads of identity politics, minority rights, women’s rights, national integration, global Islamic politics and universal human rights. Champions of each category view it through their own prisms, making the debate extremely complex, especially in politically and socially plural South Asia. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis.

Constitution making in Asia

Author: H. Kumarasingham
Publisher: Routledge
ISBN: 1317245091
Format: PDF, ePub, Mobi
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Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

The Politics of Religion in South and Southeast Asia

Author: Ishtiaq Ahmed
Publisher: Taylor & Francis
ISBN: 1136727035
Format: PDF, Kindle
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The notion of a ‘politics of religion’ refers to the increasing role that religion plays in the politics of the contemporary world. This book presents comparative country case studies on the politics of religion in South and South Asia, including India, Pakistan and Indonesia. The politics of religion calls into question the relevance of modernist notions of secularism and democracy, with the emphasis instead on going back to indigenous roots in search of authentic ideologies and models of state and nation building. Within the context of the individual countries, chapters focus on the consequences that politics of religion has on inclusive nation-building, democracy and the rights of individuals, minorities and women. The book makes a contribution to both the theoretical and conceptual literature on the politics of religion as well as shed light on the implications and ramifications of the politics of religion on contemporary South Asian and South East Asian countries. It is of interest to students and scholars of South and South East Asian Studies, as well as Comparative Politics.

Administrative Law and Governance in Asia

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Format: PDF
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This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.

Political Oppositions in Industrialising Asia

Author: Garry Rodan
Publisher: Routledge
ISBN: 1134752040
Format: PDF, Kindle
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Industrialization has meant sweeping social transformations across Asia. Some political commentators have predicted that the expansion of civil society and the rapid development of liberal democracy will necessarily follow. The contributors to this volume dissect the extent of political opposition in Asia and analyze the nature of new social movements outside institutional party politics which are contesting the exercise of state power. Nine original case studies explore the variety of political oppositions across Asia, from non-governmental organizations and the formal opponents of the PAP in Singapore to Chinese dissidents based outside the People's Republic of China. All take up the challenge of looking at political opposition in the light of the new social phenomenon of the rising middle class or 'new rich' of Asia. Garry Rodan's hard-hitting analysis of the problems of current political theorizing in relation to Asia sets the case studies firmly in the context of wider debates about democratization. Political Oppositions in Industrialising Asia shatters complacent assumptions about the progress of liberal democracy.