Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

adopted in November 2013. The chapter shows, for example, that despite the


maintenance of one-party rule in contemporary Vietnam, more room has now


been allowed for electoral competition among candidates for the National Assem-


bly; the National Assembly has become more assertive in exercising its


constitutional powers; constitutional provisions have been invoked in public dis-


course to challenge government policies or decisions; and the Communist Party


itself has recognised the legitimacy of concepts such as the limitation and control of


state power. There appears therefore to be at least a moderate DCA in Vietnam,


although it is disappointing that the latest constitutional amendment did not result


in the creation of the constitutional court that had been much discussed. The case


of Vietnam demonstrates that CC is capable of significant self-reform, possibly


inaugurating a transition at least to HC, even if GC is still too remote to be


contemplated.


Cambodia. As recounted in Tan’s chapter in this volume, Cambodia became a


French protectorate in 1863 with its traditional monarchy being preserved. Prince


Norodom Sihanouk ascended the throne in 1941 with French support. After the


Second World War, in 1946 , the French organised an election for a constituent


assembly, which adopted a constitution in 1947 modelled on that of the French


Fourth Republic, though Cambodia was a monarchy under this constitution.


Cambodia was granted full independence in 1953. Sihanouk ruled as a strongman


in an authoritarian manner until he was ousted by a coup in 1970. Nine consti-


tutional amendments were made before 1970 .In 1975 , the Khmer Rouge came to


power. An estimated one million people died during the communist reign of terror,


which only ended with the Vietnamese invasion in 1979. With Vietnamese support,


Hun Sen practised strongman rule, with a communist constitution modelled on


those of the USSR and Vietnam (or what we call CC). A civil war raged for years


between Hun Sen’s government and a coalition of resistance forces including the


Khmer Rouge and Royalists supporting Sihanouk. An internationally brokered


ceasefire came with the Paris Peace Accord of 1991. The UN Transitional Authority


in Cambodia oversaw the election of a new national assembly in 1993 , which adopted


a new constitution – drafted in accordance with liberal-democratic guidelines laid


down by the Paris Agreement – re-establishing Cambodia as a constitutional mon-


archy. Since 1993 , regular elections with multiparty competition have taken place,


several constitutional amendments have been introduced, and a constitutional


council was established in 1998 which has since exercised the power of constitutional


review. Yet Hun Sen has survived the constitutional changes and continued to


rule as strongman. Cambodia can probably be said to be in a state of HC.


Thailand. Thailand’s constitutional story is also told in Tan’s chapter in this


volume. Thailand is the only nation in Southeast Asia which was not colonised by


Western powers. Its constitutional practice, which began with the establishment of


a constitutional monarchy in 1932 , is therefore an entirely indigenous enterprise.


Thai constitutional history is characterised by frequent oscillations between


The achievement of constitutionalism in Asia 23

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