Pluralist Constitutions in Southeast Asia
Pluralist Constitutions in Southeast Asia

Author: Jaclyn L Neo

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 256

ISBN-13: 1509920471

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This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

The Minority Muslim Experience in Mainland Southeast Asia
The Minority Muslim Experience in Mainland Southeast Asia

Author: John Goodman

Publisher: Routledge

Published: 2021-07-14

Total Pages: 172

ISBN-13: 1000415341

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This book examines the lives of the Malay and Cham Muslims in Thailand, Cambodia and Vietnam and examines how they co-exist and live in societies that are dominated by an alternative consensus and are illiberal and non-democratic in nature. Focusing on two major Muslim communities in Southeast Asia, both of whom live as minorities in societies that are not democratic and have a history of hostility and repression towards non-conforming ideas, the book explains their circumstances, the choices and life decisions they have to make, and how minorities can thrive in an unfriendly, monocultural environment. Based on original field work and research, the author analyses how people live, and how they adapt to societies which are not motivated by Western liberal ideals of multiculturalism. The book also offers a unique perspective on how Islam develops in an environment where it is seen as alien and disloyal. A useful contribution analyzing historical and post-colonial experiences of Muslim minorities and how they survive and evolve over the course of state monopoly in mainland Southeast Asia, this book will be of interest to academics working on Muslim minorities, Asian Religion and Southeast Asian Studies.

Constitutional Foundings in Southeast Asia
Constitutional Foundings in Southeast Asia

Author: Kevin YL Tan

Publisher: Bloomsbury Publishing

Published: 2019-05-30

Total Pages: 288

ISBN-13: 1509918949

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This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.

Routledge Handbook of Islam in Southeast Asia
Routledge Handbook of Islam in Southeast Asia

Author: Syed Muhammad Khairudin Aljunied

Publisher: Routledge

Published: 2022-03-04

Total Pages: 448

ISBN-13: 1000545040

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This handbook explores the ways in which Islam, as one of the fastest growing religions, has become a global faith for both Muslims and non-Muslims in Southeast Asia with its universality, inclusivity, and shared features with other Islamic expressions and manifestations. It offers an up-to-date, wide-ranging, comprehensive, concise, and readable introduction to the field of Islam in Southeast Asia. With specific themes of pertinent contemporary relevance, the contributions by experts in the field provide fresh insights into the roles of states, societies, scholars, social movements, political parties, economic institutions, sacred sites, and other forces that structured the faith over many centuries. The handbook is structured in three parts: Muslim Global Circulations Marginal Narratives Refashioning Pieties This handbook stands out as a single and synergistic reference work that explores the ebb and flow of Islam seeking to decenter many existing assumptions about it in Southeast Asia. It will be an indispensable resource for scholars, students, and policymakers working on Islam, Muslims, and their interactions with other communities in a plural setting.

Encyclopedia of Asian Politics
Encyclopedia of Asian Politics

Author: Alexander C. Tan

Publisher: Edward Elgar Publishing

Published: 2023-12-11

Total Pages: 333

ISBN-13: 1800374011

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This state-of-the-art Encyclopedia provides a detailed snapshot study of politics in Asia. Curated by two internationally recognized scholars, entries offer key insights and critical reference points in order to navigate the vastness, diversity, and dynamism of Asian politics.

Constitutional Remedies in Asia
Constitutional Remedies in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2019-03-07

Total Pages: 278

ISBN-13: 0429788126

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Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

Research Handbook on Law and Political Systems
Research Handbook on Law and Political Systems

Author: Robert M. Howard

Publisher: Edward Elgar Publishing

Published: 2023-11-03

Total Pages: 380

ISBN-13: 1800378343

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This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.

Religious Offences in Common Law Asia
Religious Offences in Common Law Asia

Author: Li-ann Thio

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 480

ISBN-13: 1509937315

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This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.