Social Difference and Constitutionalism in Pan-Asia

Social Difference and Constitutionalism in Pan-Asia PDF

Author: Susan H. Williams

Publisher: Cambridge University Press

Published: 2014-02-10

Total Pages: 377

ISBN-13: 1107729483

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In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

Pluralist Constitutions in Southeast Asia

Pluralist Constitutions in Southeast Asia PDF

Author: Jaclyn L Neo

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 256

ISBN-13: 1509920471

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This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

Deciphering the Genome of Constitutionalism

Deciphering the Genome of Constitutionalism PDF

Author: Ran Hirschl

Publisher: Cambridge University Press

Published: 2024-03-31

Total Pages: 387

ISBN-13: 1009473247

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"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--

Buddhism and Comparative Constitutional Law

Buddhism and Comparative Constitutional Law PDF

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2022-12-01

Total Pages: 405

ISBN-13: 1009286064

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Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.

The Constitution of Arbitration

The Constitution of Arbitration PDF

Author: Victor Ferreres Comella

Publisher: Cambridge University Press

Published: 2021-03-11

Total Pages: 235

ISBN-13: 1108842836

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The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

Constitution Makers on Constitution Making

Constitution Makers on Constitution Making PDF

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2022-11-17

Total Pages: 291

ISBN-13: 1108905048

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Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.

The Invisible Constitution in Comparative Perspective

The Invisible Constitution in Comparative Perspective PDF

Author: Rosalind Dixon

Publisher: Cambridge University Press

Published: 2018-11-08

Total Pages: 595

ISBN-13: 110827885X

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Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.