Read e-book online Asia-Pacific Constitutional Systems PDF

By Graham Hassall

ISBN-10: 0511549962

ISBN-13: 9780511549960

ISBN-10: 0521033411

ISBN-13: 9780521033411

ISBN-10: 0521591295

ISBN-13: 9780521591294

This e-book analyzes the formal constitutional alterations that experience lately taken position within the Asia-Pacific area, embracing the international locations of East and South East Asia and the Pacific Island states. In analyzing the several constitutional platforms within the quarter, it asks a number of key questions: What constitutional preparations function within the area and the way can their basic alterations be defined? How do social, political and fiscal elements restrict the effectiveness of the present structure? What classes are won for the perform of constitutionalism in different places?

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In New Caledonia, the French administration has established a 'Council of Chiefs'. For the remainder, 'Pacific nationalisms' that consist of the assertion of the rights of one ethnic group over those of another within the same state will be problematic. Chiefly societies distinguish between the rights of citizens on the basis of traditional status, and responsibility for the implementation of law can be given to traditional leaders, who need not be elected. 23 Parliament comprises 9 people's representatives, 9 members appointed by Tonga's thirty-three nobles, and a 12member cabinet appointed by the king.

The territories of Papua New Guinea, Solomon Islands and Vanuatu, for instance, are products of colonial rule, and their national sovereignties 26 Modernity and Nation-States are a new creation. They define regions, not peoples. Peoples (ethnic groups) are sometimes divided between states, and between constitutional systems, and territory not clearly claimed by one state may be claimed with equal legitimacy by another. Very few of more than twenty modern Pacific Island political entities reconstitute ancient nations.

In establishing democracies in the Asia Pacific in accordance with modernist models of constitutionalism and democracy, a number of difficulties have been encountered. The first concerns some imported presuppositions about democracy. Some scholars interpret non-Western constitutional frameworks according to a singular ('universal') model of democracy. Lawson, for instance, appraises the role of Fijian chiefs in the dismantling of Fiji's post-independence constitutional order according to the doctrine of constitutional opposition, an explicitly Western doctrine.

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Asia-Pacific Constitutional Systems by Graham Hassall


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