Download Constitutionalism in Asia in the Early Twenty-First Century by Albert H. Y. Chen PDF

By Albert H. Y. Chen

Reading advancements within the first decade of the twenty-first century, this authoritative number of essays reviews the evolving perform of constitutional legislations and constitutionalism in Asia. It presents a accomplished evaluation of the varied constitutional concerns and advancements in 16 East, Southeast and South Asian nations. It additionally discusses the categories of constitutionalism that exist and the overall developments in constitutional advancements while delivering comparative, historic and analytical views on Asian constitutionalism. Written via prime students within the box, this booklet should be of significant curiosity to scholars and students alike.

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The new 1950 constitution established a parliamentary system, and in 1955 the first general election was held, in which sixteen political parties secured parliamentary seats. However, Soekarno declared martial law in 1957 and restored the 1945 constitution. His authoritarian rule continued until 1965, when a coup occurred during which an estimated half a million people were massacred in an anti-communist drive. General Soeharto came to power and established a ‘New Order’ regime with guaranteed participation of the military in the political system (dwifungsi).

He explains that the dysfunctional response of the executive and the legislature in handling problems such as ‘governance gaps’ and environmental pollution has created an opportunity for the judiciary to play a dominant role in such matters, ‘becoming an all-in-one governance institution tasked to rule the country on a day-to-day basis’, but he also doubts whether the courts have the capacity to tackle these problems effectively. Generally speaking, the Indian judiciary is apparently not known for its effectiveness, as demonstrated by long delays in the judicial process and occasional corruption scandals.

What they have in common is that they have all experienced, either directly or indirectly, Western imperialism and colonialism in their modern history, which have had a significant impact on their constitutional and political developments. Southeast Asia (with the exception of Thailand) and India were colonised by Western powers and only became independent nation-states after the Second World War. Japan and China did not come under Western rule, but experienced respectively the Meiji reform and the 1911 Revolution which initiated their modern constitutional trajectories.

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