Introduction
This concluding chapter explores waves, diffusion, and models of constitutionmaking in Asia. It situates Asia within the comparative constitution-making scholarship and experience.
Scholars ask whether there are distinctive regional models of constitution-making.[1595] Particularly, scholars consider whether there are distinctive Asian models of constitution-making. Menaka Guruswamy identifies common features of three stories of constitution-making in South Asia (India, Pakistan, and Nepal): British heritage, constituent legislatures, and the role of dominant parties.[1596] Melissa Crouch explores how public participation in constitution-making in Southeast Asia was affected by different contexts, including UN administration (East Timor and Cambodia), military rule (Thailand and Myanmar), socialist rule (Vietnam and Laos), dominant party rule (Singapore and Malaysia), and democratic transition (Philippines and Indonesia).[1597] Wen-Chen Chang theorises about three models of constitution-making in East Asia, including constitution as promoting democracy (Japan), constitution-making as national independence (South Korea), and constitution-making as national inclusion (Taiwan).[1598] She concludes that ‘like constitution-making elsewhere, they [East Asian models of constitution-making] have particularities as well as common features, and have been developed and re-developed into distinctive, yet comparable, models of constitution-making’.[1599]This conclusion is premised on the idea of contextualising global constitutionmaking, which means constitution-making is driven by an intricate interplay between global sources and norms and local and national concerns.[1600] It argues that constitution-making in Asia must be situated within global constitution-making while taking into account contextual factors at the same time. Constitutionmaking in Asia is a part of the global wave of constitution-making triggered by global political-geographic events. However, waves of constitution-making in Asia are shaped by domestic factors in particular Asian polities, such as revolutions, regime change, economic difficulty, and ethnic conflicts. Constitution-making in Asia is influenced by transnational constitutional experiences through three models of diffusion: coercive animated by external formal and informal pressures on conformity; mimetic responding to uncertainty; and normative stemming from professionalisation. This chapter identifies six models of constitution-making in Asia: imperial, democratic, nationalist, socialist, military, and ethnic. These functional models of constitution-making can be found in other parts of the world and are embedded in the Asian context.
II.
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