Suchergebnisse

part PART I COUNTRY STUDIES -- chapter Japan -- chapter South Korea -- chapter North Korea -- chapter Mongolia -- chapter People's Republic of China -- chapter Taiwan -- chapter Hong Kong -- chapter Vietnam -- chapter Cambodia -- chapter Thailand -- chapter Philippines -- chapter Indonesia -- chapter Brunei -- chapter East Timor -- chapter Malaysia -- chapter Singapore -- part PART II COMPARATIVE STUDIES -- chapter 17 The Emergence of East Asian Constitutionalism: Features in Comparison -- chapter 18 The Making and Remaking of Constitutions in Southeast Asia: An Overview.

"In The Endurance of National Consitutions, the authors examine the causes of constitutional endurance from an institutional perspective. Using both statistical and case study evidence, they argue that certain design features can sustain constitutions even in the face of seemingly lethal crises."--Jacket

Magna Carta's status as a touchstone of modern thinking about the rule of law rests on several well-known myths. This article evaluates the influence of Magna Carta on modern constitutions, both in termsof formation as well as content. The analysis confirms that Magna Carta's relevance is, if anything, onthe rise, even if the causal chains linking it to current developments are weak-linked and distant. Wespeculate on the mysterious processes that produce influence among legal texts, arguing that championsand empire are crucial factors in the case of Magna Carta. ; Government

Drafters of new constitutions face a bewildering array of choices as they seek to design stable and workable political institutions for their societies. One such set of choices concerns the status of international law in the domestic legal order. In a global era, with an expanding array of customary and treaty norms purporting to regulate formerly domestic behavior, this question takes on political salience. This paper seeks to describe the phenomenon of constitutional incorporation of international law in greater detail and provide a preliminary empirical test of the competing explanations for it. First, the discussion focuses on the concepts of monism and dualism, which have become conventional terms used by lawyers to describe the interaction of domestic and international legal systems. Second, a theory of commitments as well as the advantages and disadvantages of international law are set forth. Third, empirical implications are developed for the precommitment and diffusion theories, which are then tested. Findings show that adopting international law is a useful strategy for democracies to lock in particular policies, encourage trust in governments and state regimes, and bolster global reputations.

Drafters of new constitutions face a bewildering array of choices as they seek to design stable and workable political institutions for their societies. One such set of choices concerns the status of international law in the domestic legal order. In a global era, with an expanding array of customary and treaty norms purporting to regulate formerly domestic behavior, this question takes on political salience. This paper seeks to describe the phenomenon of constitutional incorporation of international law in greater detail and provide a preliminary empirical test of the competing explanations for it. First, the discussion focuses on the concepts of monism and dualism, which have become conventional terms used by lawyers to describe the interaction of domestic and international legal systems. Second, a theory of commitments as well as the advantages and disadvantages of international law are set forth. Third, empirical implications are developed for the precommitment and diffusion theories, which are then tested. Findings show that adopting international law is a useful strategy for democracies to lock in particular policies, encourage trust in governments and state regimes, and bolster global reputations.

This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world's constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that interna- tional rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not the drafters' countries are legally committed to the agreements (though commitment enhances the effect). Our particular focus is on the all-important International Covenant on Civil and Political Rights, whose ratification inclines countries towards rights they, apparently, would not otherwise adopt. This finding confirms the complementary relationship between treaty ratification and domestic constitutional norms, and suggests that one important channel of treaty efficacy may be through domestic constitutions. ; Government