Subjects 2009
Constitutionalism in Asian Societies 730873
- Credited Courses: Graduate Diploma in Asian Law 726; Graduate Diploma in Asian Law 726; Graduate Diploma in Government Law 178; Graduate Diploma in Government Law 178; Graduate Diploma in Legal Studies L08; Graduate Diploma in Transnational Law 333; Master of Law and Development 635; Master of Law and Development 635; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Legal Systems 890; Master of Public and International Law 511; Master of Public and International Law 511
Objectives
A student who has successfully completed this subject should:
- Understand how the Rule of Law ideal of ‘a government of laws and not of men’ has been implemented in some Asian contexts where formal laws are not fully developed and there is no tradition of rights-based thinking
- Evaluate the so-called ‘Asian Values’ debate on whether international human rights standards are alien to Asian cultures, including the right to development
- Evaluate the adoption of certain norms of constitutional governance; for example, the separation of church and state in multi-ethnic societies
- Be able to critically examine international aid programs to assist the developing countries in Asia in legal and judicial reform
- Appreciate the distinction between political and economic liberalisation, between democracy and rights-based governance, and between constitutions and constitutionalism
- Define the role of an independent judiciary vis-à-vis political institutions, and identify the mechanisms for political accountability.
Syllabus
Principal topics will include:
- Theoretical perspectives and historical framework of constitutional discourse
- Constitutional governance in transition economies in former socialist countries and emerging democracies
- Explicit religiosity in secular states
- Case studies on international aid programs on legal and judicial reform
- Role of culture in reshaping constitutional traditions.
