Produktdetaljer
Biografisk notat
Andrew Harding is Visiting Research Professor at the National University of Singapore, Professor of Law at the University of Reading Malaysia, and a Visiting Professor at the University of Oxford. He is a founding editor of the Hart Publishing book series, Constitutional Systems of World.The book is highly valuable for those interested in decentralization and subnational governance, as it offers readers a fascinating insight into the richness and diversity of various sub-national territorial management mechanisms with the region.
Thai Legal Studies
This book assesses territorial governance (that is, all forms of subnational governance) as a constitutional artefact in five Southeast Asian countries - Indonesia, Malaysia, Myanmar, the Philippines, and Thailand.
Starting with the linked ideas of localism and subsidiarity, the argument is that these states have used various forms of subsidiarity for dealing with ethnic and religious pluralism and the social diversity for which Southeast Asia is especially noted. Territorial governance mechanisms discussed range from decentralisation to special regional autonomy, federalism, and local government, including village autonomy. A silent revolution has occurred in which our view of these states as highly centralised ‘developmental states’ is in need of serious modification. Southeast Asia, the book argues, presents a high degree of originality in the framing of territorial governance.
Introduction: A Sense of Place
Part I: General Issues
1. The Project
2. Constitution
Part II: Case Studies
3. Indonesia
4. Malaysia
5. Myanmar
6. The Philippines
7. Thailand
Part III: Special Regional Autonomy
8. Autonomy and the Demand for a Homeland
9. Regional Autonomy I: Aceh and Papua
10. Regional Autonomy II: Bangsamoro Autonomous Region, Muslim Mindanao
11. Regional Autonomy III: Sabah and Sarawak
Part IV: Conclusions
12. Territorial Governance, Southeast Asia, and Innovation in Public Law
Advocates and defends the 3-decade-long decentralisation in Southeast Asia
An excellent resource for scholars and students working in the field of Asian legal and constitutional studies.
The study of constitutionalism in Asia is one of the most important, fascinating and challenging subjects of contemporary legal study. The continent is immensely diverse in its political ideology, religion, culture, language, economic development and colonial history. It has produced a great multitude of constitutional traditions, from authoritarian regimes to mixed communitarian and liberal constitutional models, and from regimes involving the military and monarchy to secular and theocratic constitutions. At the same time, its experience with courts and constitutions spans the gamut from rights-based to dialogical and good governance approaches, particularly where good government is sought through political process and public avenues rather than through the courts. With respect to judicial review and human rights, Asia provides a rich resource in examining how universal standards and local particularities interact. This series seeks to build on the growing academic interest in Asian constitutionalism by interrogating the normative, historical, empirical and conceptual dimensions of constitutionalism, through the lens of the Asian experience. It is expansive in scope and coverage and includes comparative studies between two or more Asian countries; comparisons between Asian and non-Asian jurisdictions; and critical single jurisdiction case studies. The series provides an excellent resource for scholars and students working in the field of Asian legal and constitutional studies, and comparative constitutional law more generally.