Bui Ngoc Son, Malagodi Mara (eds.). Asian Comparative Constitutional Law, Volume 1: Constitution-Making. Hart Publishing,2023. � 495 p.. 2023

This is the first in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in selected Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution in each of 19 Asian jurisdictions. The book provides answers to questions on the causes, processes, substance and implementation involved in making new constitutions such as: The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand and Vietnam. This book is an essential reference for those interested in Asian constitutional law.

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TABLE OF CONTENTS

LIST OF CONTRIBUTORS

TABLE OF CASES

TABLE OF NATIONAL LEGISLATION

TABLE OF INTERNATIONAL MATERIALS

Introduction

NGOC SON BUI AND MARA MALAGODI

Overview of the Series

Contributions of Volume I - Constitution-Making

Methodology

Structure of the Volume

Japan's Post-War Constitution: �Imposed' Constitution or Hybrid between Global and Local Stakeholders?

AKIKO EJIMA

Founding and/or Refounding: South Korea's 1948 Constitution

JEONG-IN YUN

Introduction

Context and Causes for Making a Constitution

Process and Features of Constitution-Making in 1948

Substances and Principles of the 1948 Constitution

Implementation and Legacy

Conclusion

The Longest Process: Making the 1946 Constitution of the Republic of China

a five-power constitution, �a new constitutionalism' for China,[150] and a �revolu�tionary constitution' in the Ackermanian sense[151] in its way of constitutionalising the founding father Sun Yat-sen's personal charisma and constitutional theo�ries.

National Survival: Constitution-Making in a Failed State

Towards a Revolutionary Constitution: A Long Process of Draft and Provisional Constitution-Making

In Defence of a Five-Power Constitution

Guardian of the Constitution: The First Post-WWII Constitutional Court

The Making of China's 1982 Constitution

The Decision to Revise the Constitution

The Work of Revision

Completion and Adoption

Conclusion

The Making of the Hong Kong Basic Law

PUI-YIN LO

Introduction

The BLDC and the BLCC: Organisation and Operation

Major Issues and their Resolution

Concluding Reflections

North Korean Cultural Revolution: Reading Culture in the 1972 Constitution[318] [319] the cultural aspects that have shaped the identity of the people.

Upon examination, the DPRK's Constitution mirrors the reality of the state and serves as one of most effective ways to understand the �government's management of society and its responses to changes in its internal and external environments'.[320]

Constitution of 1948: The Mirror Stage of the Nascent-State

The Discourse of the Three Revolutions

North Korea's Cultural Revolution in 1972

Conclusion

The Making of the 1992 Mongolian Constitution

GUNBILEG BOLDBAATAR

In this chapter of the book, we will look at how the first democratic Constitution of Mongolia was created; the society drivers of that time, including political, economic, social, and intellectual changes; how it was regulated in the 1992 Constitution; and the experience of its implementation period will also be considered.

Background

The Need for a New Constitution

Creation of the Constitution

To What Legal System Does Mongolian Law Belong?

Differences between the Constitutions of 1960 and 1992

Implementation of the Constitution

Conclusion

The Making of (Anti-)Colonial Constitution: The Indonesian 1945 Constitution

ABDURRACHMAN SATRIO

In Indonesian constitutional matters, what is in the bottle does not always match what is on the label.1 �Andrew Ellis, 2002

Introduction

Constitution and Colonialism

The Making of the 1945 Constitution

The Paradox of Anti-Colonialism

Implementation: The Rise of the Authoritarian Constitution

Aftermath: Reformasi and the Not-So-New Constitution

Conclusion

Constitution-Making and Autochthony: The Constitution of the Federation of Malaya 1957

ANDREW HARDING

Introduction

Why Draft a Constitution?

The Drafting Process

A Non-Autochthonous Constitution?

Assessment

10 �A Better Command of Our Own Separate Destiny': Singapore's 1965 Constitution and Stewarding the Transition to a New Constitutional Order

EUGENE KB TAN*

Introduction: Repurposing an Extant Constitution

A Prolegomenon: Imperative of Constitution-Making and Creating a New Constitutional Order

The Process of Repurposing a Constitution

The Substance of Constitution-Making

Making the Constitution Work: More Re-Making

Conclusion

11 The Making of the 1987 Philippine Constitution

�The tragedy of tragedies,' said Ninoy in 1983, shortly before his assassination, �is that only Marcos can bring us back to democracy.

12 The Making of Cambodia�s 1993 Constitution territory.

Hence, the reasons, processes, substances, and implementation of this Constitution shall be explored for a crucial understanding as follows.

The Reasons Behind the Making of the 1993 Cambodian Constitution

The Making of the 1993 Constitution

The Substance of the 1993 Constitution

The Implementation of the 1993 Constitution

Conclusion

13 State-Owned Enterprises in Vietnam's 2013 Constitution

TRANG (MAE) NGUYEN

Introduction

State-Owned Enterprises in Vietnam: A Brief Overview

SOEs as a Driving Force Behind the 2013 Constitution-Making

Discourse on SOEs in the Constitution-Making Process

Substantive Result and Post-Constitution�Making Implementation

Conclusion

14 Democratic Facade, a Military Heart, and the Flawed Nature of Myanmar's 2008 Constitution conflict between a military intent on imposing control and a popular uprising under a dissident shadow civilian government seeking to organise a coalition of deposed elected leaders, protest movements, violent resistance groups, and ethnic militias.5

The 2021 military coup serves as an impetus for reflection regarding Myanmar's 2008 Constitution.

Causes and Process behind the 2008 Constitution

Substance of the 2008 Constitution

Implementation Issues for the 2008 Constitution

Conclusion

15 Thailand's Competing Notions of Constituent Power: The Making of the 2017 Constitution in the Binary-Star Scenario

RAWIN LEELAPATANA

Introduction

Competing Notions of Constituent Power

Impetus to Initiate the 2017 Constitution

Process of Making the 2017 Constitution

Contents and Implementation of the 2017 Constitution