アジアにおける違憲な憲法修正の法と政治学 The Law and Politics of Unconstitutional Constitutional Amendments in Asia

著者名：Abeyratne, Rehan (EDT)/Bui, Ngoc Son (EDT)

Routledge（2021/11/29発売）

• 言語：ENG
• ISBN：9780367562595
• eISBN：9781000483741

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.

Table of Contents

 

Introduction

1. Rehan Abeyratne & Ngoc Son Bui, Unconstitutional Constitutional Amendments as Constitutional Politics

Part I: Discursive Model　

2. Koichi Nakano, The Politics Of Unconstitutional Constitutional Amendment in Japan:The Case of The Pacifist Article 9
3. Ryan Mitchell, ‘State Form’ in the Theory and Practice of Constitutional Change in Modern China
4. Bui Ngoc Son, Unconstitutional Constitution in Vietnamese Discourse

Part II: Denotive Model　　

5. HP Lee and Yvonne Tew, The Law and Politics of Unconstitutional Constitutional Amendments in Malaysia
6. Matthew J Nelson, Amending Constitutional Standards of Parliamentary Piety in Pakistan? Political and Judicial Debates
7. Mara Malagodi, Limiting Constituent Power? Unconstitutional Constitutional Amendments and Time-Bound Constitution Making in Nepal

Part III: Decisive Model　

8. Jiunn-Rong Yeh, Beyond Unconstitutionality: The Public Oversights of Constitutional Revision in Taiwan
9. Khemthong Tonsakulrungruang, Thailand’s Unamendability: Politics of Two Democracies
10. Surya Deva, Constitutional Politics Over (Un)Constitutional Amendments: The Indian Experience
11. Ridwanul Hoque, The Politics of Unconstitutional Amendment in Bangladesh

Part IV. Commentaries　

12. Richard Albert, The Power of Judicial Nullification in Asia and the World
13. Andrew Harding, Is the ‘Basic Structure Doctrine’ a Basic Structure Doctrine?
14. Silvia Suteu,　Eternity Clauses as Tools for Exclusionary Constitutional Projects
15. Yaniv Roznai, Why There? Explanatory Theories and Institutional Features Behind Unconstitutional Constitutional Amendments in Asia