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This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.
This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that surveys the range of political systems operating in Asia. Each jurisdiction chapter examines the structure and composition of its legislature, the powers of the legislature, the legislative process, thereby providing a clear picture of how each legislature operates both in theory and in practice. The book also thematically analyses the following political systems operating in Asia: communist regimes, liberal democracies, dominant party democracies, turbulent democracies, presidential democracies, military regimes and protean authoritarian rule. This handbook is a vital and comprehensive resource for scholars of constitutional law and politics in Asia.
Explores the effect of semi-presidentialism on newly-democratising countries. In recent years semi-presidentialism - the situation where a constitution makes provision for both a directly elected president and a prime minister who is responsible to the legislature - has become the regime type of choice for many countries.
The Singapore parliament's creation of an elected presidency in 1991 was the biggest constitutional and political change in Singapore's modern era. This multi-disciplinary study gathers papers from leading scholars in law, history, political science and economics to examine how political change is managed in Singapore. It is an authoritative addition to debates surrounding the management of political change in developing countries more generally.
While many comparative analysts see parliamentary government as essential for stable democracy, this volume argues that the American presidential system that separates and diffuses power can provide new perspectives for those building democratic institutions in Latin America, Eastern Europe, and the new republics of the former Soviet Union. The authors recognize risks of rigidity, gridlock, and excessive centralization in presidential institutions. But they also emphasize the unexpected levels of legislative productivity during periods of divided government, the dramatic reversal of declining popularity by Presidents Reagan and Clinton, and the importance of direct appeals by presidents to the nation. After examining the American presidential system, the authors focus on the de-facto separation of powers in European parliaments and presidentialism in France, Latin America, and Eastern Europe. Both trends in European parliamentary systems and the dramatic changes within French presidential institutions suggest that scholars should temper broad generalizations about presidential or parliamentary government.
This volume examines and analyses electoral politics in Sri Lanka through the theoretical framework of manipulation. The following questions guided the study: how do political actors manipulate elections, and what are the salient features of electoral politics in Sri Lanka? Primary and secondary data formed the basis of the analysis, examining eight presidential elections. The research findings indicated that Sri Lankan governments, political parties and political leaders have taken advantage of six types of electoral manipulation, including constitutional tinkering, field fixing, time fixing, vote suppression, process manipulation and resource manipulation. Through a close examination of eight presidential elections, research carried out for the volume found that elections are often associated with violence; presidential elections are mainly a majoritarian affair in which minority communities play only a marginal role; there is a significant gender imbalance, as women’s participation in the electoral process is very limited; despite the presence of a large number of candidates contesting the election, it always remains a two-way race; and amid extensive manipulation and other problems, voter participation tends to be high. This volume will be a valuable resource for students, academics and researchers who focus on democracy, good governance, electoral studies and South Asian politics and history, and will enhance the conceptual foundation of democracy advocates and activists.
Pathways to Power introduces the domestic politics of South Asia in their broadest possible context, studying ongoing transformative social processes grounded in cultural forms. In doing so, it reveals the interplay between politics, cultural values, human security, and historical luck. While these are important correlations everywhere, nowhere are they more compelling than in South Asia where such dynamic interchanges loom large on a daily basis. Identity politics—not just of religion but also of caste, ethnicity, regionalism, and social class—infuses all aspects of social and political life in the sub-continent. Recognizing this complex interplay, this volume moves beyond conventional views of South Asian politics as it explicitly weaves the connections between history, culture, and social values into its examination of political life. South Asia is one of the world’s most important geopolitical areas and home to nearly one and a half billion people. Although many of the poorest people in the world live in this region, it is home also to a rapidly growing middle class wielding much economic power. India, Pakistan, and Bangladesh, together the successor states to the British Indian Empire—the Raj—form the core of South Asia, along with two smaller states on its periphery: landlocked Nepal and the island state of Sri Lanka. Many factors bring together the disparate countries of the region into important engagements with one another, forming an uneasy regional entity. Contributions by: Arjun Guneratne, Christophe Jaffrelot, Pratyoush Onta, Haroun er Rashid, Seira Tamang, Shabnum Tejani, and Anita M. Weiss
There is an urgent need for a book which combines the approaches of political science/sociology and history and particularly comparative politics with ethnic studies. There are currently many rapid and significant changes taking place in the world political map in terms of ethnic conflict. How do we explain these changes? How do we analyse them? How can we compare them? How do we make sense of the different ethnic conflicts that have taken place since the end of the Cold War, in what some observers have dubbed 'the New World Order'? Few books on the market combine the diverse approaches of political science, sociology and history at any level of analysis. This work will remedy at least some of the deficiencies in the existing literature and be truly interdisciplinary in nature.