Law and Politics of Unconstitutional Constitutional Amendments in Asia

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. It is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia.

Inhaltsverzeichnis

Introduction

1. Unconstitutional Constitutional Amendments as Constitutional Politics
Part I: Discursive Model


2. The Politics Of Unconstitutional Constitutional Amendment in Japan:The Case of The Pacifist Article 9


3. 'State Form' in the Theory and Practice of Constitutional Change in Modern China


4. Unconstitutional Constitution in Vietnamese Discourse
Part II: Denotive Model


5. The Law and Politics of Unconstitutional Constitutional Amendments in Malaysia


6. Amending Constitutional Standards of Parliamentary Piety in Pakistan? Political and Judicial Debates


7. Limiting Constituent Power? Unconstitutional Constitutional Amendments and Time-Bound Constitution Making in Nepal
Part III: Decisive Model


8. Beyond Unconstitutionality: The Public Oversights of Constitutional Revision in Taiwan


9. Thailand's Unamendability: Politics of Two Democracies


10. Constitutional Politics Over (Un)Constitutional Amendments: The Indian Experience


11. The Politics of Unconstitutional Amendment in Bangladesh
Part IV. Commentaries


12. The Power of Judicial Nullification in Asia and the World


13. Is the 'Basic Structure Doctrine' a Basic Structure Doctrine?


14. Eternity Clauses as Tools for Exclusionary Constitutional Projects


15. Why There? Explanatory Theories and Institutional Features Behind Unconstitutional Constitutional Amendments in Asia

Über den Autor / die Autorin

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 Laws 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).

Zusammenfassung

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. It is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia.

Produktdetails

• Autoren: Rehan Bui Abeyratne
• Mitarbeit: Rehan Abeyratne (Herausgeber), Ngoc Son Bui (Herausgeber)
• Verlag: Taylor & Francis Ltd.
• Sprache: Englisch
• Produktform: Taschenbuch
• Erschienen: 31.05.2023
• EAN: 9780367562625
• ISBN: 978-0-367-56262-5
• Seiten: 306
• Serie: Comparative Constitutional Change
• Themen: Sozialwissenschaften, Recht,Wirtschaft > Recht > Internationales Recht, Ausländisches Recht; USA, LAW / Administrative Law & Regulatory Practice, LAW / Constitutional, Procurement law, LAW / Public, POLITICAL SCIENCE / American Government / Executive Branch, POLITICAL SCIENCE / American Government / Legislative Branch, LAW / Comparative, POLITICAL SCIENCE / American Government / National, Public Law, United States of America, USA, comparative law, Constitution: government & the state, Central / national / federal government, Laws Of Specific Jurisdictions, Central government, Constitution: government and the state, Constitution, Constitutional & administrative law, Public procurement, services and supplies, Administrative jurisdiction and public administration, LAW / Public Contract