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Politics and Constitutions in Southeast Asia

Politics and Constitutions in Southeast Asia

Author: Marco Bunte; Bjorn Dressel
Publisher: Routledge
ISBN: 9781138847545
Published In: July 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states.

This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

1. Contesting Constitutionalism: Constitutional Politics in Southeast Asia

Björn Dressel and Marco Bünte

I: Constitution-Making and Constitutional Design

2. Ways of Constitution-Making in Southeast Asia: Actors, Interests, Dynamics

Aurel Croissant

3. Delaying Constitutionalism to Protect Establishment Hegemony in Thailand: Designing the Election System and the Senate in the Constitution of 2007

Michael Nelson

4. Constitutionalism Old and New in the "UN Kingdom of Timor Leste"

Rui Fejo

II: Constitutional Change and the Military

5. Constitutional Change and Security Forces: Lessons from Thailand, Myanmar and the Philippines

Paul Chambers

6. Embedding Praetorianism: Soldiers, State and Constitutions in Myanmar

Renaud Egreteau

7. The Legal-Military Alliance for Illiberal Constitutionalism in Thailand

Eugenie Merieau

Part III: Constitutions and Human Rights

8. Human Rights in Southeast Asia: From Contestation to Compliance?

Marco Bünte

9. Undermining Religious Minority Rights in Indonesia and Malaysia: Fragile Coalitions, Wavering Executive Chiefs and Rogue Groups as Proxies

Andreas Ufen

10.Vietnam’s Constitutional Politics in Focus: Investigating the Arenas of the Rule of Law and Human Rights

Thiem Bui

11. Racial Politics and Imperatives and the Constitutional Special Position of the Indigenous Malays in a New Society: Asserting Interests and the Non-Contestation of Rights in Singapore’s Communitarian Constitutionalism

Eugene KB TAN

PART IV: Constitutional Politics and the Rule of Law

12. Courts and Constitutional Politics in Southeast Asia

Björn Dressel

13. Contesting Constitutionalism in Vietnam: The Justifications and Proposed Models of Judicial Review in the 2013 Amendment Process

Huong Nguyen

14. Constitutional Politics and the Philippine Supreme Court: The Role of Public Support in Mitigating Politicization of the Judiciary

Imelda Deinla

15. Rule of Law in Illiberal Contexts: Cambodia and Singapore as Exemplars

Stephen McCarthy and Kheang UN

16. Constitutionalism, the Rule of Law and Religious Freedom in Malaysia

Malik Imtiaz Sarwar