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.

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Rehan Abeyratne, Ngoc Son Bui, Ngoc Sn Bùi

Edited by Rehan Abeyratne and Ngoc Son Bui

Rehan Abeyratne; Ngọc Sơn Bùi

Rehan Abeyratne; Bùi-ngọc-Son

Taylor & Francis Ltd

Psychology Press Ltd

CRC Press

Comparative constitutional change, Abingdon Oxon ; New York NY, 2022

Comparative Constitutional Change, Milton, UNITED KINGDOM, 2022

Comparative constitutional change, London New York, 2022

Comparative constitutional change, Abingdon, Oxon, 2021

Taylor & Francis (Unlimited), Abingdon, Oxon, 2022

United Kingdom and Ireland, United Kingdom

sources:
9780367562595

producers:
Adobe PDF Library 15.0

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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 t
Cover 1
Half Title 2
Series Page 3
Title Page 4
Copyright Page 5
Dedication 6
Table of Contents 8
List of Contributors 10
Acknowledgments 12
Introduction 14
Chapter 1 Unconstitutional constitutional amendments as constitutional politics 16
Part I Discursive model 34
Chapter 2 The politics of unconstitutional constitutional amendments in Japan: The case of the pacifist Article 9 36
Chapter 3 “State form” in the theory and practice of constitutional change in modern China 59
Chapter 4 Unconstitutional constitution in Vietnamese discourse 80
Part II Denotive model 98
Chapter 5 The law and politics of unconstitutional constitutional amendments in Malaysia 100
Chapter 6 Amending constitutional standards of parliamentary piety in Pakistan?: Political and judicial debates 124
Chapter 7 Limiting constituent power?: Unconstitutional constitutional amendments and time-bound constitution making in Nepal 146
Part III Decisive model 164
Chapter 8 Beyond unconstitutionality: The public oversight of constitutional revision in Taiwan 166
Chapter 9 Thailand’s unamendability: Politics of two democracies 182
Chapter 10 Constitutional politics over (un)constitutional amendments: The Indian experience 202
Chapter 11 The politics of unconstitutional amendments in Bangladesh 223
Part IV Commentaries 242
Chapter 12 The power of judicial nullification in Asia and the world 244
Chapter 13 Is the “basic structure doctrine” a basic structure doctrine? 257
Chapter 14 Eternity clauses as tools for exclusionary constitutional projects 270
Chapter 15 Why there?: Explanatory theories and institutional features behind unconstitutional constitutional amendments in Asia 287
Index 310
Unconstitutional,Constitutional,Amendment;,Comparative,Constitutional,Change;,Judicial,Review;,Constitutional,Law;,Constitutional,Politics;,Eternity,Clauses;,Law,in,Asia;,East,Asia;,South,East,Asia;,China;,Japan;,Vietnam;,Taiwan;,Malaysia;,Thailand
Unconstitutional Constitutional Amendment,Comparative Constitutional Change,Judicial Review,Constitutional Law,Constitutional Politics,Eternity Clauses,Law in Asia,East Asia,South East Asia,China,Japan,Vietnam,Taiwan,Malaysia,Thailand

This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. 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 a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.

"This book explores and explains how and why the idea of unconstitutional constitutional amendment informs a range of political activities through diverse forums and by various social and political actors in both formal and informal constitutional amendment processes in Asia. The authors examine the process of, and judicial review of, constitutional amendment. The range of political activities explored include political debate, discourse, and mobilization surrounding the process of constitutional design and adjudication. The various and diverse forums discussed include legislative, judicial, and popular while the various social and political actors include judges, politicians, lawyers, scholars, political parties, and social movement activists"-- Provided by publisher

2022-04-09