The Constitution of Singapore

Author: Kevin YL Tan
Publisher: Bloomsbury Publishing
ISBN: 1782252681
Format: PDF
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Singapore's Constitution was hastily cobbled together after her secession from the Federation of Malaysia in 1965. In the subsequent 50 years, the Constitution has been amended many times to evolve a Constitution like no other in the world. Outwardly, Singapore has a Westminster-type constitutional democracy, with an elected legislature, fundamental liberties and safeguards to ensure the independence of the judiciary. On closer inspection, the Constitution displays many innovative and unusual characteristics. Most notable among them are the various types of Members of Parliament that have been introduced since the mid-1980s, the office of the Elected President and the fact that there is no constitutional right to property. This volume seeks to explain the nature and context of these constitutional innovations in the context of a pluralistic, multi-ethnic state obsessed with public order and security. The volatile racial mix of Singapore, with its majority Chinese population nestled in a largely Malay/Islamic world, compels the state to search for ethnic management solutions through the Constitution to guarantee to the Malays and other ethnic minorities their status in the polity. In addition, it examines how the concept of the rule of law is perceived by the strong centrist state governed by a political party that has been in power since 1959 and continues to hold almost hegemonic power.

The Constitution of Singapore

Author: Kevin Tan
Publisher: Hart Pub Limited
ISBN: 9781849463966
Format: PDF, Mobi
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Singapore's Constitution was hastily drafted after secession from the Federation of Malaysia in 1965. In the subsequent 45 years, the Constitution has been amended many times to evolve like no other in the world. Outwardly, Singapore has a Westminster-type constitutional democracy, with an elected legislature, fundamental liberties, and safeguards to ensure the independence of the judiciary. On closer inspection, the Constitution displays many innovative and unusual characteristics. Most notable among them are the various types of Members of Parliament that have been introduced since the mid-1980s, the office of the Elected President, and the fact that there is no constitutional right to property. This volume explains the nature and context of these constitutional innovations in the context of a pluralistic, multi-ethnic State obsessed with public order and security. The volatile racial mix of Singapore, with its majority Chinese population nestled in a largely Malay/Islamic world, compels the State to search for ethnic management solutions through the Constitution, to guarantee to the Malays and other ethnic minorities their status in the polity. In addition, the book examines how the concept of the rule of law is perceived by the strong centrist State governed by a political party that has been in power since 1959 and continues to hold almost hegemonic power. (Series: Constitutional Systems of the World) [Subject: Constitutional Law, Administrative Law, Asian Law, Politics]

The Constitution of India

Author: Arun K Thiruvengadam
Publisher: Bloomsbury Publishing
ISBN: 1849468702
Format: PDF
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This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

The Constitution of Ireland

Author: Oran Doyle
Publisher: Bloomsbury Publishing
ISBN: 1509903445
Format: PDF, ePub
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This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.

The Constitutional Systems of the Independent Central Asian States

Author: Scott Newton
Publisher: Bloomsbury Publishing
ISBN: 1509909478
Format: PDF, Kindle
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This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.

The Constitution of Malaysia

Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 1847319831
Format: PDF, Mobi
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Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'.

Verfassungslehre

Author: Karl Loewenstein
Publisher: Mohr Siebeck
ISBN: 9783161474323
Format: PDF, ePub
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Aus Rezensionen: Die Lekture ist durchweg erfrischend. Man wird nicht mit mehr oder weniger tiefgrundigen theoretischen Spekulationen uber das Wesen des Staates behelligt, sondern miterlebt den Versuch, die tatsachliche Praxis und die wirkliche Dynamik der Verfassung im Staate in Gegenwart und Vergangenheit aufzuzeigen und systematisch zu ordnen. Dabei wird ein erstaunlich umfangreiches Material bewaltigt, ohne dass dabei der Leser erdruckt wird oder den roten Faden verliert. Verfassungen aus allen Erdteilen sind einbezogen, wobei der Verfasser hinter dem verbalen Tatbestand jeweils die politische Realitat, die staatliche Praxis zu ergrunden versucht, und man ist beeindruckt von dem Einfuhlungsvermogen, von dem Gespur fur das Wesentliche, von dem sicheren Urteil, mit dem das geschieht.Prof. Rossler in Die Verwaltungspraxis 1972, Nr. 8