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The Law and Politics of Unconstitutional Constitutional Amendments in Asia



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ISBN 9780367562595
November 30, 2021 Forthcoming by Routledge
312 Pages

 
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Book Description

This book explains how the idea and practice of unconstitutional constitutional amendments informs politics through various social and political actors, and in both formal and informal amendment processes.

This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse.

The book will be an invaluable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Since it covers jurisdictions from East Asia, Southeast Asia and South Asia, it will be of immense international appeal to persons in Asia and those seeking to understand Asia.

Table of Contents

 

Introduction

  1. Rehan Abeyratne & Ngoc Son Bui, Unconstitutional Constitutional Amendments as Constitutional Politics
  2. Part I: Discursive Model 

  3. Koichi Nakano, The Politics Of Unconstitutional Constitutional Amendment in Japan:The Case of The Pacifist Article 9
  4. Ryan Mitchell, ‘State Form’ in the Theory and Practice of Constitutional Change in Modern China
  5. Bui Ngoc Son, Unconstitutional Constitution in Vietnamese Discourse
  6. Part II: Denotive Model  

  7. HP Lee and Yvonne Tew, The Law and Politics of Unconstitutional Constitutional Amendments in Malaysia
  8. Matthew J Nelson, Amending Constitutional Standards of Parliamentary Piety in Pakistan? Political and Judicial Debates
  9. Mara Malagodi, Limiting Constituent Power? Unconstitutional Constitutional Amendments and Time-Bound Constitution Making in Nepal
  10. Part III: Decisive Model 

  11. Jiunn-Rong Yeh, Beyond Unconstitutionality: The Public Oversights of Constitutional Revision in Taiwan
  12. Khemthong Tonsakulrungruang, Thailand’s Unamendability: Politics of Two Democracies
  13. Surya Deva, Constitutional Politics Over (Un)Constitutional Amendments: The Indian Experience
  14. Ridwanul Hoque, The Politics of Unconstitutional Amendment in Bangladesh
  15. Part IV. Commentaries 

  16. Richard Albert, The Power of Judicial Nullification in Asia and the World
  17. Andrew Harding, Is the ‘Basic Structure Doctrine’ a Basic Structure Doctrine?
  18. Silvia Suteu, Eternity Clauses as Tools for Exclusionary Constitutional Projects
  19. Yaniv Roznai, Why There? Explanatory Theories and Institutional Features Behind Unconstitutional Constitutional Amendments in Asia

 

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Editor(s)

Biography

Rehan Abeyratne is Associate Professor of Law and Executive Director of the Centre for Comparative and Transnational Law at The Chinese University of Hong Kong. He is a co-editor of Towering Judges: A Comparative Study of Constitutional Judges (2021) as well as the forthcoming Routledge Handbook of Asian Parliaments.

Ngoc Son Bui is Associate Professor of Asian Law at the University of Oxford Faculty of Law. He is the author of Constitutional Change in the Contemporary Socialist World (2020) and Confucian Constitutionalism in East Asia (Routledge, 2016).