Full Description
This book explores the origins, successes, and threats to revolutionary constitutionalism around the world. Contributing authors evaluate typologies of revolutionary, elitist and establishmentarian constitutional orders to answer the question: what does it mean for a constitution to be borne out of a revolution?
Drawing on case studies from nine jurisdictions in the Asia-Pacific region, the contributors expand the field of comparative constitutional law by moving beyond American and European-centered narratives. In particular, they critically engage with Bruce Ackerman's Revolutionary Constitutions, interrogating his methodology and conclusions from an Asia-Pacific perspective. By bringing these histories and practices to the fore, the book broadens the scope of comparative constitutional scholarship, demonstrating how revolutionary and non-revolutionary dynamics coexist in shaping constitutional orders. The book concludes with a direct response from Ackerman which engages with the reflections presented, fostering an open and ongoing dialogue in the field.
Pathways to Constitutional Legitimacy in Asia Pacific is a valuable resource for scholars and students of comparative constitutional law and theory.
Contents
Contents
1 Introduction to 'pathways to constitutional legitimacy in Asia
Pacific' 1
Benjamin Lawrence, Bryan Dennis Tiojanco, Kentaro
Matsubara, and Jaclyn Neo
2 Bruce Ackerman and the 'motion' of constitutions 18
Michael W. Dowdle
3 Of legitimacy and revolutionary constitutions 39
Kevin Y.L. Tan
4 Constitutional revolution, popular agency, and the lex regia 53
Yasuo Hasebe
5 India: a constitution in search of a revolution 67
Gautam Bhatia
6 Indonesia's unfinished constitutional revolutions 79
Stefanus Hendrianto
7 Where's the party? The tragic flow of the 1986 Philippine
People Power Revolution 106
Bryan Dennis G. Tiojanco
8 Revolutionary legitimacy in Australia? 141
Brendan Lim
9 Revolutionary constitutionalism waiting in the wings? 159
Marcus Teo
10 Anti-revolution as a revolutionary agenda: revolutions on a
human scale in Republican China 185
Weitseng Chen
11 Thailand's dual constitution: militant constitutional identity
and the afterlife of martial law in Thailand 207
Eugenie Merieau
12 Japan: the religious right and Shinzo Abe's constitutional
politics 235
Tokujin Matsudaira
13 End of Exceptionalism? The Fourth Pathway and Innovative
Constitutionalism 246
Zhaoxin Jiang
14 Concluding Reflections: Constitutional Legitimacy in Asia
and the Pacific 269
Rosalind Dixon
Afterword: Three Pathways: Reflections on the Asian Experience 277
Bruce Ackerman
