Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

overall Asian results for the power indices, with more extreme numbers for both


parliamentary and executive power. On the other hand, the rights features tend to


look similar to other countries, except for the area of criminal procedure.


iii. conclusion


Clearly the formal patterns of constitutions in Asia do not reflect the conventional


Asian Values argument, at least in its simplest version. The overall level of rights in


Asian constitutions seems to generally fit the global convergence story. There is,


however, one exception: the area of criminal-procedure rights.^41 Asian countries are


less likely to protect criminal defendants through the constitution than are coun-


tries in other regions. Whether this reflects deeply rooted cultural attitudes toward


crime is beyond the scope of this chapter to evaluate. But it is an interesting and


heretofore relatively unremarked-upon feature that distinguishes the region.


In terms of the power structure of political institutions we find less evidence for


overall convergence. Constitutional systems around the world exhibit a good


deal of variation in formal powers granted to the executive or to the legislature.


What Chen calls the liberal-democratic and hybrid models are general types that


may be found in many regions. While the liberal-democratic and hybrid models in


Asia tend to be similar to those in other regions, we showed that Asia is distinctive


because of the existence of Leninist countries that continue to maintain the


tradition of parliamentary sovereignty. This drives the overall regional pattern of


higher levels of parliamentary power, as well as lower levels of executive power,


than in other regions. To the extent that one is willing to draw conclusions about an


overall regional Asian pattern, the distinctive features seem to flow from the


socialist constitutions.


To conclude, it is worth remembering the limits of the present analysis, which is


only drawn from formal provisions of constitutions and does not touch on their


actual functioning. Yet formal texts are likely to be significant repositories of


national values, precisely because of their symbolic nature. To the extent that the


proponents of Asian Values are articulating a position that Asian publics have


different preferences about the nature of government, these should be manifest


in expressive documents like constitutions.


(^41) For the convergence story, see Law and Versteeg,Sham Constitutions.


East Asian constitutionalism in comparative perspective 51

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