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.
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1. Northeast Asian Constitutional Foundings: The Weight of History Kevin YL Tan, National University of Singapore 2. The 1954 Constitution of China: Empire State-Building Humphrey Ko, University of Hong Kong 3. The Making of the Constitutional Order of the Hong Kong SAR: The Role of Sino-British Diplomacy (1982–90) Albert HY Chen, University of Hong Kong, and Michael Ng, University of Hong Kong 4. Macao’s Constitutional Founding Xiaobo Zhai, University of Macau 5. The Birth of the Constitution of the Republic of China Chien-Chih Lin, Institutum Iurisprudentiae, Academia Sinica, Taiwan 6. The Meiji Constitution and Japan’s Emergence in the International Order, 1853–1905 Kentaro Matsubara, University of Tokyo, Japan 7. Thirty Years Old at Birth? The Constitutional Founding of the Republic of Korea Chaihark Hahm, Yonsei University, South Korea 8. Constitutional Founding of the Democratic People’s Republic of Korea Erik Mobrand, Seoul National University, South Korea 9. The 1924 Constitution: Towards the Modernisation of Mongolia Amarsanaa Batbold, National University of Mongolia and Chadraabal Unurbayar, National University of Mongolia
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Considers the drafting, nature, core values and roles of the modern constitutions during the founding of the eight modern states in Northeast Asia: China, Hong Kong, Macau, Japan, North Korea, South Korea and Mongolia.
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The third title in the Constitutional Foundations trilogy, a sister volume to Constitutional Foundings in Southeast Asia and Constitutional Foundings in South Asia
An excellent resource for scholars and students working in the field of Asian legal and constitutional studies. Asian constitutionalism is one of the most diverse, rapidly developing and challenging subjects of contemporary legal study. The continent is immensely diverse in its political ideology, religion, culture, language, economic development and colonial history. It has produced a great multitude of constitutional traditions, from authoritarian regimes to mixed communitarian and liberal constitutional models, and from regimes involving the military and monarchy to secular and theocratic constitutions. At the same time, its experience with courts and constitutions spans the gamut from rights-based to dialogical and good governance approaches, particularly where good government is sought through political process and public avenues rather than through the courts. With respect to judicial review and human rights, Asia provides a rich resource in examining how universal standards and local particularities interact. This series seeks to build on the growing academic interest in Asian constitutionalism by interrogating the normative, historical, empirical and conceptual dimensions of constitutionalism, through the lens of the Asian experience. It is expansive in scope and coverage and includes comparative studies between two or more Asian countries; comparisons between Asian and non-Asian jurisdictions; and critical single jurisdiction case studies. The series provides an excellent resource for scholars and students working in the field of Asian legal and constitutional studies, and comparative constitutional law more generally.
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Produktdetaljer

ISBN
9781509940189
Publisert
2021-12-16
Utgiver
Vendor
Hart Publishing
Vekt
540 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
256

Om bidragsyterne

Kevin YL Tan is Adjunct Professor at the Faculty of Law, National University of Singapore and Visiting Professor at the S Rajaratnam School of International Studies, Nanyang Technological University, Singapore. Michael Ng is Associate Professor at the Faculty of Law of the University of Hong Kong.