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Constitutionalism in Asia in the Early Twenty-First Century by Albert H. Y. Chen

By Albert H. Y. Chen

Reading advancements within the first decade of the twenty-first century, this authoritative selection of essays reports the evolving perform of constitutional legislations and constitutionalism in Asia. It presents a complete review of the varied constitutional concerns and advancements in 16 East, Southeast and South Asian international locations. It additionally discusses the kinds of constitutionalism that exist and the overall traits in constitutional advancements while providing comparative, historic and analytical views on Asian constitutionalism. Written by means of best students within the box, this publication may be of serious curiosity to scholars and students alike.

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Taiwan’s transition from HC to GC began with the lifting of the martial-law decree by President Chiang Ching-kuo in 1987. In the late 1980s and the early 1990s, Taiwan underwent rapid liberalisation and democratisation. The Temporary Provisions were repealed in 1991. Seven exercises of constitutional revision from 1991 to 2005 substantially changed the nature and structure of the RoC state. A ‘silent revolution’82 was achieved in Taiwan. Multiparty elections were periodically held, leading to changes in government and transfers of power between 82 Lee Teng-hui, Taiwan de zhuzhang (The Views of Taiwan) (Taipei: Yuanliu, 1999), pp.

In 1949, the Constitution of India was adopted. This lengthy 395-article constitution inherited much of the content of the Government of India Act 1935, and exhibited all the features of liberal constitutional democracy. India was given a federal structure and a parliamentary system of government at both the union and state levels. The Indian constitution has undergone approximately a hundred amendments, some of which were introduced to override decisions of the Supreme Court, which has been active in exercising the power of constitutional review and has even developed a doctrine that it is beyond the competence of parliament (acting by a The achievement of constitutionalism in Asia 29 two-thirds majority of each of its two houses) to amend constitutional provisions that pertain to the ‘basic structure’ of the constitution.

After the Second World War, the Meiji Constitution was amended to become a new constitution which affirms the sovereignty of the people (with the emperor 18 Chen becoming a symbolic head of state), parliamentary government, human rights and judicial review. The distinctive feature of this 1946 constitution is its Article 9, the ‘pacifism’ provision on the renunciation of war. With no single amendment since its enactment, this constitution is now one of the oldest surviving constitutions in the contemporary world.

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