Li-ann Thio

Jaclyn L Neo

This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.

Colonial Legacies, Constitutional Rights and Contemporary Practice

Religious Offences in Common Law Asia

Kevin Y.L. Tan

This book presents a timely assessment of the impact of history, politics and economics in shaping the Singapore Constitution, going beyond the descriptive narrative, the authors will cast a critical eye over the developments of the last 40 years.

Forty Years of the Singapore Constitution

Evolution of a Revolution

Michael Ng

Kevin YL Tan

Northeast Asian constitutional foundings : the weight of history / Kevin YL Tan -- The 1954 Constitution of China : empire state building / Humphrey Ko -- The making of the Constitutional Order of the Hong Kong SAR : the role of Sino-British diplomacy (1982-90) / Albert HY Chen and Michael HK Ng -- Macao's constitutional founding / Xiaobo Zhai -- The birth of the Constitution of the Republic of China / Chien-Chih Lin -- The Meiji Constitution and Japan's emergence in the International Order, 1853-1905 / Kentaro Matsubara -- Thirty-years-old at birth? The constitutional founding of the Republic of Korea / Chaihark Hahm -- Constitutional founding in the Democratic People's Republic of Korea / Erik Mobrand -- The 1924 Constitution : towards the modernisation of Mongolia / Amarsanaa Batbold and Chadraabal Unurbayar.

Constitutional Foundings in Northeast Asia

Ridwanul Hoque

South Asian constitutional foundings : beyond history / Kevin Y. L. Tan and Ridwanul Hoque -- India's constitutional founding : an enduring but mixed legacy / Arun K Thiruvengadam -- From nation to state : constitutional founding in Pakistan / Sadaf Aziz and Moeen Cheema -- The founding and making of Bangladesh's constitution / Ridwanul Hoque -- Dominion status and compromised foundations : the Soulbury Constitution and Sinhalese Buddhist nationalist responses to the founding of the Ceylonese State, 1931 -- 1956 / Roshan de Silva-Wijeyeratne -- Constitutional foundings in Nepal : experience with changing parameters / Bipin Adhikari -- Making Bhutan's Constitution : institutionalising a 'traditional' monarchy / Winnie Bothe -- Towards a Maldivian nation-state : the Constitutions of 1932 and 1968 / Shamsul Falaah -- Afghanistan : an aborted beginning / Ebrahim Afsah.

Constitutional Foundings in South Asia

Jiunn-rong Yeh

Wen-Chen Chang

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Cases and Materials

Constitutionalism in Asia

B.S. Chimni

Miyoshi Masahiro

Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations of special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.

Li-ann Thio

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