Constitutionalism in Asia in the Early Twenty-First Century

This process of consultation and analysis was conducted without a prior, plenary discussion by the CA. This meant that different ...

when the party leaders agreed on it. He consulted six retired chief justices, who poured cold water on the idea, one of them tel ...

Excluded by these squabbles among the traditional elites, the response of these marginalised group (coming from all political pa ...

harmony. What can we learn from Nepal’s experience? Debates on constitutional reform had preceded the armed conflict; it was the ...

In post-conflict situations, a principal purpose is reconciliation of parties in conflict as well as of communities which have b ...

When it came to the crunch – that is, the composition of the CA – political parties made the decision directly themselves, and t ...

power was uneasy with this agenda, and not only because it would chip away at its privileges. Yet the factors and circumstances ...

deployment of violence before concessions were made – not negotiated, which might have helped to lead to more realistic, therefo ...

17 The impact of internationalisation on national constitutions Cheryl Saunders* i. introduction Over at least the past thirty y ...

In addition, the thick network of dealings between peoples, irrespective of borders, which sometimes is characterised as globali ...

extraordinary revolutions in the ease of travel and communications technology. The almost instant availability of information ab ...

human rights standards affect domestic law, they have a homogenising effect on institutional arrangements as well as on substant ...

There are many dualist states in which international treaties do not apply directly in domestic law until transformed by domesti ...

by a shared regional court, whose decisions are highly persuasive. 22 The more sophisticated the institutional framework for sha ...

and investment exerts pressure on other aspects of constitutional arrangements, including impartial adjudication of disputes, gu ...

may vary. Foreign decisions are at best persuasive, foreign experience may be rejected as inapplicable, and a principle applied ...

is increasing their number, bringing them in closer contact with each other and cutting across lines of traditional influence in ...

representation and majority voting. 46 The functions of constitutional review tend to be conferred either on a specialist consti ...

Even if claims of constitutional convergence are taken at face value, however, convergence is not comprehensive. Most obviously, ...

which the state is to be governed and the framework of principle within which they are required to operate. These choices now ge ...