Full Description
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.
Contents
Introduction
Unconstitutional Constitutional Amendments as Constitutional Politics
Part I: Discursive Model
The Politics Of Unconstitutional Constitutional Amendment in Japan:The Case of The Pacifist Article 9
'State Form' in the Theory and Practice of Constitutional Change in Modern China
Unconstitutional Constitution in Vietnamese Discourse
Part II: Denotive Model
The Law and Politics of Unconstitutional Constitutional Amendments in Malaysia
Amending Constitutional Standards of Parliamentary Piety in Pakistan? Political and Judicial Debates
Limiting Constituent Power? Unconstitutional Constitutional Amendments and Time-Bound Constitution Making in Nepal
Part III: Decisive Model
Beyond Unconstitutionality: The Public Oversights of Constitutional Revision in Taiwan
Thailand's Unamendability: Politics of Two Democracies
Constitutional Politics Over (Un)Constitutional Amendments: The Indian Experience
The Politics of Unconstitutional Amendment in Bangladesh
Part IV. Commentaries
The Power of Judicial Nullification in Asia and the World
Is the 'Basic Structure Doctrine' a Basic Structure Doctrine?
Eternity Clauses as Tools for Exclusionary Constitutional Projects
Why There? Explanatory Theories and Institutional Features Behind Unconstitutional Constitutional Amendments in Asia
