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Courts and Politics in Southeast Asia
Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
Constitutional Democracy in Indonesia
Indonesia's political and governmental structures underwent sweeping reforms in the late 1990s. After decades of authoritarian rule, a key aspect of the transition to constitutional democracy during this period was the amendment of the 1945 Indonesian Constitution - an important legal text governing the world's third largest democracy. The amended Constitution introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights, and the establishment of a Constitutional Court. This volume, with chapters written by leading experts, explores the ongoing debates over the meaning, implementation, and practice of constitutional democracy ...
The Law and Politics of Unconstitutional Constitutional Amendments in Asia
This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Mindanao: The Long Journey To Peace And Prosperity
Across more than four decades, the conflict between the national government and Muslim liberation forces in the southern Philippines has killed tens of thousands and displaced millions. Two landmark agreements under the presidency of Benigno S Aquino III — the first in 2012 and the second in 2014 — raised high hopes that peace might finally be on the way. But the peace process stalled, and has yet to regain momentum, after a botched counterterrorism operation in early 2015.This volume provides both in-depth examination of the latest stage of a still-ongoing peace process as well as richly textured analysis of the historical, political, and economic context underlying one of the most enduring conflicts in the world. It is thus an extremely important foundational resource in the continuing quest for peace and prosperity in Mindanao.
Democratic Regressions in Asia
The book studies and compares causes, catalysts and consequences of democratic regression and revival in South, Southeast, and Northeast Asia. The Asia-Pacific presents social scientists with a natural laboratory to test competing theories of democratic erosion, decay, and revival and to identify new patterns and relationships. This volume combines conceptual and comparative research with single case studies. Overall, the collection of studies in this volume captures different forms of democratic regression and autocratization, examine how Asia-Pacific experiences fit into debates about democracy’s deepening global recession and what the Asia-Pacific experiences contribute to the understanding of the causes, catalysts, and consequences of democratic regression and resilience in the comparative politics literature. The chapters in this book were originally published as a special issue of Democratization.
Routledge Handbook of Southeast Asian Democratization
Southeast Asia, an economically dynamic and strategically vital region, seemed until recently to be transiting to more democratic politics. This progress has suddenly stalled or even gone into reverse, requiring that analysts seriously rethink their expectations and theorizing. The Routledge Handbook of Southeast Asian Democratization provides the first book-length account of the reasons for democracy’s declining fortunes in the region today. Combining theory and case studies, it is structured in four major sections: Stunted Trajectories and Unhelpful Milieus Wavering Social Forces Uncertain Institutions Country cases and democratic guises This interdisciplinary reference work addresses to...
Governance and Democracy in the Asia-Pacific
This book explores the theoretical and empirical relationship between democracy and governance in the Asia-Pacific region. Examining a variety of country cases and themes addressing the theoretical tension between governance and democracy, it illuminates how this impacts political and civil societies across the region. Analysing the character, structure and current trajectories of polities in the Asia-Pacific, democratic or otherwise, this book demonstrates that the role of civil society, political society and governance has significantly differed in practice from what has been commonly assumed within the international community. The book includes both theoretical investigations tracing the ...
The Presidential Leadership Dilemma
Throughout their time in office, American presidents are often forced to choose between leading the nation and leading their party. In an earlier time when the major parties were less polarized, this leadership dilemma, while challenging, was not nearly as vexing as it is today. American presidents now find themselves with little room to maneuver, compelled to serve the Constitution on the one hand and yet caught within bitter partisan disputes and large numbers of unaffiliated voters on the other. The contributors to this volume investigate how recent presidents have navigated these increasingly rocky political waters. Focusing on campaign strategy, presidential rhetoric, relations with Congress, domestic and foreign policy, The Presidential Leadership Dilemma presents a wide-ranging, detailed, and fascinating study of how contemporary presidents face the challenge at the heart of every presidency.
Uncertainty in Policy Making
Uncertainty in Policy Making explores how uncertainty is interpreted and used by policy makers, experts and politicians. It argues that conventional notions of rational, evidence-based policy making - hailed by governments and organisations across the world as the only way to make good policy - is an impossible aim in highly complex and uncertain environments; the blind pursuit of such a 'rational' goal is in fact irrational in a world of competing values and interests. The book centres around two high-profile and important case studies: the Iraq war and climate change policy in the US, UK and Australia. Based on three years' research, including interviews with experts such as Hans Blix, Pau...
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
