Central-Local Relations in Asian Constitutional Systems


Book Description

This book examines territorial governance in Asia in the context of central-local relations. In an era of attempts to deal with issues such as decentralisation, conflict involving ethnic and religious enclaves, and demands for regional autonomy, it is timely to examine central-local relations in a pan-Asian perspective, assessing the attempts in a range of different constitutional systems from Japan to Myanmar to re-order constitutional structures for local government. The book looks at the constitutional systems for organising central-local relations in Asia and attempts to draw conclusions from contemporary experiences.




Central-local Relations in Asian Constitutional Systems


Book Description

This book examines territorial governance in Asia in the context of central-local relations. The book looks at the constitutional systems for organizing central-local relations and attempts to draw conclusions from contemporary experiences.




The Constitutional Systems of the Independent Central Asian States


Book Description

This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.




Federalism in Asia


Book Description

This book is a collection of 13 articles which grew out if a workshop on federalism and democratisation in Asia. But, unlike a great many of the publications which have their origins in conferences, this volume has a clear theme running through its contributions, almost all of which are excellent. . . The individual country studies. . . are highly informative, most making imaginative use of the country s history and current politics to illustrate the theme of the tension between nationalising centralisation and pressures for regional decentralisation. Many of these chapters have innovative conclusions about ways in which this tension can be understood. . . this is a serious book, very well produced and indexed. Its chapters are well written with useful notes and lists of references. The volume will be of great interest to specialists on the countries concerned, and has much to offer for anyone with an interest in federalism and the relationship between regionalism and democratisation. Campbell Sharman, The Australian Journal of Public Administration Federalism in Asia provides a valuable resource, both for scholars of Asia in general and for political theorists of federalism. In an academic climate where edited volumes are often assumed to be a lightweight option, Federalism in Asia demonstrates how rewarding this form of publication can be. Graham K. Brown, Political Studies Review Until now there have been few attempts to examine the different models of federalism appropriate in Asia, let alone to trace the extent to which these different perspectives are compatible, converging, or mutually influencing each other. This book redresses the balance by demonstrating the varieties of Asian federalism. Federalism in Asia explores the range of theoretical perspectives that shape debates over federalism in general, and over territorial, multinational, hybrid, and asymmetric federalism in particular relation to Asia. The contributors share their understanding of how federal or quasi-federal institutions manage ethnic conflicts and accommodate differences, how democratization facilitates the development of federalism and how federalism facilitates or inhibits democratization in Asia. Their conclusion is that hybrid federalism or quasi-federalism is more prevalent in some Asian countries than others; and the need and potential for greater federalism in more Asian countries makes this sortie into this area worthwhile. While federalism is relevant to Asia, the working pattern of Asian federalism does not necessarily follow a Western style. Hybrid federal institutional design can be seen as an Asian strategy of managing ethnic conflicts through federal arrangements. This unique book will be of great interest to a wide range of scholars and researchers who work on issues of federalism, political economy, public policy, ethnic relations, cultural diversity and democratization in the Asian region. Policymakers and activists dealing with issues of minority rights and ethnic conflict in the region, government officials and NGOs within Asia, and officials in international agencies and organizations will also find much to engage them.




The Constitutional Systems of the Independent Central Asian States


Book Description

This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan, and Tajikistan in their cultural, historical, political, economic and social context. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.




Local Governance in Multi-Layered Systems


Book Description

The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to various degrees, have been examined and classified as federal. Scholars throughout the world have examined the federal-local connection in aggregative federations, (the USA, Canada, Switzerland, Germany, Australia, and Austria), devolutionary ones (Belgium, Bosnia Herzegovina, Italy, Spain, the UK, Argentina, Brazil, Mexico, and the Russian Federation), as well as in federations beyond the West, where federalism-as-a-colonial-legacy has undergone a process of reinvention affecting the federal-local connection (South Africa, Ethiopia, India, Nigeria, Comoros, Democratic Republic of Congo, Nepal, Palau, Federated States of Micronesia; St. Kitts and Nevis; United Arab Emirates; and Pakistan).




Constitutional Change in the Contemporary Socialist World


Book Description

After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world China, Cuba, Laos, North Korea, and Vietnam which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.




Constitutional Law in China


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.




The Constitution of the United States of America


Book Description

This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.




The Constitution of Malaysia


Book Description

“This book should find its place in every person's library...[it is] a resource for engagement and vital critical discourse.” Philip T. N. Koh, Star2 This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia's legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law.