Kevin YL Tan

Ngoc Son Bui

This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.

Constitutional Foundings in Southeast Asia

Michael Ng

Li-ann Thio

Northeast Asian constitutional foundings : the weight of history / Kevin YL Tan -- The 1954 Constitution of China : empire state building / Humphrey Ko -- The making of the Constitutional Order of the Hong Kong SAR : the role of Sino-British diplomacy (1982-90) / Albert HY Chen and Michael HK Ng -- Macao's constitutional founding / Xiaobo Zhai -- The birth of the Constitution of the Republic of China / Chien-Chih Lin -- The Meiji Constitution and Japan's emergence in the International Order, 1853-1905 / Kentaro Matsubara -- Thirty-years-old at birth? The constitutional founding of the Republic of Korea / Chaihark Hahm -- Constitutional founding in the Democratic People's Republic of Korea / Erik Mobrand -- The 1924 Constitution : towards the modernisation of Mongolia / Amarsanaa Batbold and Chadraabal Unurbayar.

Constitutional Foundings in Northeast Asia

This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924). The collection provides: - an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories; - analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and - theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.

Ridwanul Hoque

South Asian constitutional foundings : beyond history / Kevin Y. L. Tan and Ridwanul Hoque -- India's constitutional founding : an enduring but mixed legacy / Arun K Thiruvengadam -- From nation to state : constitutional founding in Pakistan / Sadaf Aziz and Moeen Cheema -- The founding and making of Bangladesh's constitution / Ridwanul Hoque -- Dominion status and compromised foundations : the Soulbury Constitution and Sinhalese Buddhist nationalist responses to the founding of the Ceylonese State, 1931 -- 1956 / Roshan de Silva-Wijeyeratne -- Constitutional foundings in Nepal : experience with changing parameters / Bipin Adhikari -- Making Bhutan's Constitution : institutionalising a 'traditional' monarchy / Winnie Bothe -- Towards a Maldivian nation-state : the Constitutions of 1932 and 1968 / Shamsul Falaah -- Afghanistan : an aborted beginning / Ebrahim Afsah.

Constitutional Foundings in South Asia

Jiunn-rong Yeh

Wen-Chen Chang

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Cases and Materials

Constitutionalism in Asia

Terence Lee

GE2020: an election that should not be forgotten for yielding startling outcomes, including the appointment of the first Leader of the Opposition. Voting in a Time of Change is part of a longitudinal study by editors Kevin YL Tan and Terence Lee, who have been assembling trenchant analyses of each General Election by leading academics and commentators since GE2011. Their long game makes possible specific and unique insights. Of GE2020, this is what they have to say: “The major political shift in Singapore that started in 2011 is marching on, even amidst a Covid-19 pandemic that was to have been a great disrupter. Whether we call this a ‘New Normal’ – as many did back in 2011 – or otherwise is not as important as the momentum for change that has built up since then. Covid-19 thus became a political backdrop to a social and political shift that was merely searching for a catalyst.” What insights and lessons can we carry forward to the next General Elections? This is an indispensable milestone publication for citizens who wish to commit to even more informed choices, and for political observers who are keeping close tabs on the evolution of our political landscape.

Kevin YL Tan

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