Suchergebnisse

In the last few decades, we have witnessed the renaissance of Comparative Constitutional law as field of research. Despite such a flourishing, the methodological foundations and the ultimate ratio of Constitutional comparative law are still debated among scholars. This article starts from the definition of comparative constitutional law given by one of the most prominent comparative constitutional law scholars in Italy, prof. Bognetti, who defined comparative constitutional law as the main joining ring between the historical knowledge of the modern law and the history of the humankind in general and of its various civil realizations. Comparative constitutional law is in other words a kind of mirror of the "competing vision of who we are and who we wish to be as a political community" (Hirschl), reflecting the structural tension between universalism and particularism, globalization and tradition. The article aims at addressing the main contemporary methodological challenges faced by the studies of the field. The article argues that contemporary comparative constitutional studies should address these challenges integrating the classical "horizontal" comparative method with a vertical one - regarding the international and supranational influences on constitutional settings - and fostering an interdisciplinary approach, taking into account the perspective of the social sciences.

"This is the first in a 4 volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book offers answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam."--

Intro -- Table of Contents -- List of Contributors -- Table of Cases -- Table of National Legislation -- Table of International Materials -- Introduction -- I. Overview of the Series -- II. Contributions of Volume I - Constitution-Making -- III. Methodology -- IV. Structure of the Volume -- 1. Japan's Post-War Constitution: 'Imposed' Constitution or Hybrid between Global and Local Stakeholders? -- I. Introduction -- II. Cause -- III. Process -- IV. Substance -- V. Implementation -- VI. Conclusion -- 2. Founding and/or Refounding: South Korea's 1948 Constitution -- I. Introduction -- II. Context and Causes for Making a Constitution -- III. Process and Features of Constitution-Making in 1948 -- IV. Substances and Principles of the 1948 Constitution -- V. Implementation and Legacy -- VI. Conclusion -- 3. The Longest Process: Making the 1946 Constitution of the Republic of China -- I. National Survival: Constitution-Making in a Failed State -- II. Towards a Revolutionary Constitution: A Long Process of Draft and Provisional Constitution-Making -- III. In Defence of a Five-Power Constitution -- IV. Guardian of the Constitution: The First Post-WWII Constitutional Court -- 4. The Making of China's 1982 Constitution -- I. The Decision to Revise the Constitution -- II. The Work of Revision -- III. Completion and Adoption -- IV. Conclusion -- 5. The Making of the Hong Kong Basic Law -- I. Introduction -- II. The BLDC and the BLCC: Organisation and Operation -- III. Major Issues and their Resolution -- IV. Concluding Reflections -- 6. North Korean Cultural Revolution: Reading Culture in the 1972 Constitution -- I. Constitution of 1948: The Mirror Stage of the Nascent-State -- II. The Discourse of the Three Revolutions -- III. North Korea's Cultural Revolution in 1972 -- IV. Conclusion -- 7. The Making of the 1992 Mongolian Constitution -- I. Background.