Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Table of Contents
Introduction 1. Classical Confucian Constitutionalism 2. Imperial Confucian Constitutionalism 3. Modern Confucian Constitutionalism 4. Towards an East Asian Model of Constitutionalism
Bui Ngoc Son is a Research Fellow in the Centre for Asian Legal Studies of the Faculty of Law at the National University of Singapore.