Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

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Constitutionalism in Burma, Cambodia and Thailand


Developments in the first decade of the twenty-first century


Kevin Y.L. Tan


This chapter considers the state of constitutionalism and of constitutional law in


three Southeast Asian states: Burma, Cambodia and Thailand. In the first decade


of the twenty-first century, Burma promulgated a new and heavily criticised consti-


tution, while Thailand discarded yet another constitution amidst much civil unrest


and political turmoil. In working through its 1993 constitution, Cambodia con-


tinues to struggle with basic rule-of-law issues. Each state adopts different notions of


constitutionalism and unique processes of constitution-making. This chapter goes


beyond the text of these constitutional orders and the political debates in seeking


to understand the place of constitutionalism and constitutional law in the national


life of these states.


i. introduction


Burma, Cambodia and Thailand are the only non-communist states in mainland


Southeast Asia. And while Burma and Cambodia were formerly colonies, Thailand


is the only state in modern Southeast Asia that has never been colonised. For the


purposes of this chapter, I use ‘Burma’ rather than ‘Myanmar’, which is the


name the military junta adopted in 1989 on grounds that it was a more ethnically


accurate name. One thing these three countries share in their struggle with


constitutionalism is that efforts in constitution-making and remaking have occurred


against a backdrop of military dominance and the absence of a constitutional


culture. In this overview chapter, I consider the different trajectories and


approaches taken by these states and consider the factors that continue to under-


mine the constitutional processes. Although the object is to understand consti-


tutional development in these three states in the twenty-first century, it is necessary


to situate such developments in light of the ongoing transitions of the previous


century. Thus, I will detail the developments in each country via a historical-


chronicle approach and draw conclusions from these developments.


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