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The Law and Politics of Unconstitutional Constitutional Amendments in Asia

✍ Scribed by Rehan Abeyratne (editor), Ngoc Son Bui (editor)


Publisher
Routledge
Year
2021
Tongue
English
Leaves
319
Series
Comparative Constitutional Change
Edition
1
Category
Library

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✦ Synopsis


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.

This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse.

The book will be an invaluable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Since it covers jurisdictions from East Asia, Southeast Asia and South Asia, it will be of immense international appeal to persons in Asia and those seeking to understand Asia.

✦ Table of Contents


Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
List of Contributors
Acknowledgments
Introduction
Chapter 1 Unconstitutional constitutional amendments as constitutional politics
Part I Discursive model
Chapter 2 The politics of unconstitutional constitutional amendments in Japan: The case of the pacifist Article 9
Chapter 3 “State form” in the theory and practice of constitutional change in modern China
Chapter 4 Unconstitutional constitution in Vietnamese discourse
Part II Denotive model
Chapter 5 The law and politics of unconstitutional constitutional amendments in Malaysia
Chapter 6 Amending constitutional standards of parliamentary piety in Pakistan?: Political and judicial debates
Chapter 7 Limiting constituent power?: Unconstitutional constitutional amendments and time-bound constitution making in Nepal
Part III Decisive model
Chapter 8 Beyond unconstitutionality: The public oversight of constitutional revision in Taiwan
Chapter 9 Thailand’s unamendability: Politics of two democracies
Chapter 10 Constitutional politics over (un)constitutional amendments: The Indian experience
Chapter 11 The politics of unconstitutional amendments in Bangladesh
Part IV Commentaries
Chapter 12 The power of judicial nullification in Asia and the world
Chapter 13 Is the “basic structure doctrine” a basic structure doctrine?
Chapter 14 Eternity clauses as tools for exclusionary constitutional projects
Chapter 15 Why there?: Explanatory theories and institutional features behind unconstitutional constitutional amendments in Asia
Index


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