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Full-Text Articles in Law
Contemporary Constitution Making In The Asia Pacific, De Maartje Visser, Ngoc Son Bui
Contemporary Constitution Making In The Asia Pacific, De Maartje Visser, Ngoc Son Bui
Research Collection Yong Pung How School Of Law
This issue features a curated set of contextualized case studies that interrogate how six Asian countries have calibrated global imperatives with domestic desires and concerns during the drafting of their latest constitution. Read together, the accounts demonstrate that the impact of globalization on what has long been thought of as a quintessential exercise of national sovereignty is ubiquitous, yet that the precise combination of the global and the local is unique to each country, determined as it is by the strength of domestic interests and factions. Taking contextualized functionalism as its premise, this introduction sketches the contours of an analytical …
Constitutional Judges As Agents For Development, Maartje De Visser
Constitutional Judges As Agents For Development, Maartje De Visser
Research Collection Yong Pung How School Of Law
This Article explores how constitutional judges can become agents for development and how they may wish to go about performing this role. Due to the high politico-economic stakes involved and the inevitability of trade-offs between competing interests, judicial review of developmental questions is liable to expose judges to negative fall-outs. At the same time, it is fairly common for Asian constitutions to expressly set out the parameters or objectives for economic development that the State is expected to realize, while simultaneously recognizing a suite of (socio-)economic rights, thereby providing textual ammunition to query the validity of a government’s chosen implementation …
The Constitutionalisation Of Development, Maartje De Visser
The Constitutionalisation Of Development, Maartje De Visser
Research Collection Yong Pung How School Of Law
There is a steadily growing interest among academics and policymakers alike in the role of constitutional law in fostering socio-economic development. This attention ties in, at a practical level, with the latest wave of law and development thinking, which conceives of rule-of-law institutions and democracy as existing in a symbiotic relationship with economic growth that together will propel countries to achieve higher levels of foreign investment and overall prosperity. The idea that public law, and the constitution more specifically, has potential in spurring development has for instance found expression across a range of the Sustainable Development Goals formulated under the …