三年生の授業
COURS DE TROISIÈME ANNÉE


国際関係論<国際科目群
INTRODUCTION TO INTERNATIONAL RELATIONS
CONSTITUTIONALISM IN ASIA

CONSTITUTIONS
OFFICIAL WEBSITES
EXAM (REPORT)

List of topics for end of term reports
INSTRUCTIONS: 1. Choose and read an article 2. Sum-up its main arguments 3. Discuss one of these arguments in a reasoned manner
4. Use the WORD file (click here) 5. Submit your report by July 29th, 2016 to the French Department Office (First Research Building, 2F)
Topics and Countries
 Articles
CONSTITUTIONALISM
(general perspective)
1. "Authoritarianism Online: What Can We Learn from Internet Data in Nondemocracies?" by Sheena Chestnut Greitens, PS, April 2013
2. "Constitutional Courts in East Asia: Understanding Variation" by Tom Ginsburg, JCL 3:2
3. "Does the Process of Constitution-Making Matter?" by Tom Ginsberg, Zachary Elkins and Justin Blount, Annu. Rev. Law. Soc. Sci, 2009.5
4. "Constitutional Politics in Southeast Asia: From Constitution to Constitutionalism?" by Björn Dressel and Marco Bünte, Contemporary Southeast Asia, Vol. 36, No. 1 (2014)
5. "Courts and New Democracies: Recent Works" by Tom Ginsberg, Law & Social Inquiry, Volume 37, Issue 3, Summer 2012
6. "Ways of Constitution-Making in Southeast Asia: Actors, Interests, Dynamics" by Aurel Croissant, Contemporary Southeast Asia, Vol. 36, No. 1 (2014)
7. "From guardians to democrats? Attempts to explain change and continuity in the civil-military relations of post-authoritarian Indonesia, Thailand and the Philippines" by Felix Heidul, The Pacific Review, Vol. 24, No. 2, May 2011
JAPAN
1. "Realpolitik Versus Principled Politics: Nitobe, Shidehara, Shirasu and the Hollowing out of the Japanese Peace Constitution" by Patrick Hein, East Asia, 2009:26
2. "Xenophobia in Action: Ultranationalism, Hate Speech, and the Internet in Japan" by Tomomi Yamaguchi, Radical History Review, Issue 117 (Fall 2013)
3. "Freedom of Religion, Religious Political Participation, and Separation of Religion and State: Legal Considerations from Japan" by Keiko Yamagishi, Brigham Young University Law Review, 2008
4. "The evolution of the conservative mainstream in Japan" by Christian G. Winkler, Japan Forum 24(1) 2012
5. "The Judicialization of Japanese Politics?" by Tom Ginsburg and Tokujin Matsudaira, in The Japanese Legal System: An Era of Transition (2012)
SOUTH KOREA
(Republic of Korea)

1. "The commemoration of the Gwangju Uprising: of the remnants in the nation states' historical memory" by Hang Kim, Inter-Asia Cultural Studies, Volume 12, Number 4, 2011
2. "Confucianism and Coalition Politics: Is Political Behavior in South Korea Irrational?" by Youngmi Kim, The Journal of Northeast Asian History, Vol. 9 No. 2 (Winter 2012)
3. "Beyond "law vs. politics" in constitutional adjudication: Lessons from South Korea" by Chaihark Hahm, International Journal of Constitutional Law (2012), Vol. 10 No. 1
NORTH KOREA
(Democratic People's Republic of Korea, DPRK)

1. "Policies and Ideologies of the Kim Jong-un Regime in North Korea: Theoretical Implications" by Yong Soo Park, Asian Studies Review, Vol. 38, No. 1 (2014)
2. "Political Change in North Korea - Mapping the Succession" by Stephan Haggard, Luke Herman and Jaesung Ryu, Asian Survey, Vol. 54, No. 4 (2014)
CHINA
(People's Republic of China, PRC)

1. "Debating Constitutionalism in China: Dreaming of a liberal turn?" by Samson Yuen, China Perspectives, No. 2013/4
2. "The adaptive state - understanding political reform in China" by Hongxia Chai and Xiongwei Song, Policy Studies, Vol. 34, No. 1 (2013)
3. "Weak Courts, Weak Rights: Assessing The Realisation of Constitutional Rights in PRC Courts" by Guobin Zhu, HKLJ, Vol. 43 Part 2 (2013)
TAIWAN
(Republic of China, ROC)

1. "Global Constitutionalism and Judicial Activism in Taiwan" by Jou-Juo Chu, Journal of Contemporary Asia, Vol. 38, No. 4, November 2008
2. "Policing an Occupied Legislature: Symbolic Struggle over the Police Image in Taiwan's Sunflower Movement" by Jeffrey T Martin, HKLJ, Vol. 45 Part 1 (2015)
3. "Anti-Media-Monopoly Policies and Further Democratisation in Taiwan" by Ming-Yeh T. Rwansley and Chien-san Feng, Journal of Current Chinese Affairs 3/2014
4. "Occupy Congress in Taiwan: Political Opportunity, Threat, and the Sunflower Movement" by Ming-sho Ho, Journal of East Asian Studies, 15 (2015)
HONG KONG
(Special Administrative Region, SARHK)

1. "Hong Kong After the Umbrella Movement: An uncertain future for "One Country, Two Systems"" by Samson Yuen, China Perspectives, No. 2015/1
2. "Constituting Democracy in Hong Kong Ten Years On" by Michael C. Davis, China Perspectives, No. 2007/2
3. "Two Occupys. The New Global Language of Protest" by Ross Perlin, Dissent, Summer 2015
VIETNAM
(Socialist Republic of Vietnam)
1. "Deconstructing the "Socialist" Rule of Law in Vietnam: The Changing Discourse on Human Rights in Vietnam's Constitutional Reform Process" by Thiem H. Bui, Contemporary Southeast Asia, Vol. 36, No. 1 (2014)
2. "Performance-based Legitimacy: The Case of the Communist Party of Vietnam and Doi Moi" by Le Hong Hiep, Contemporary Southeast Asia, Vol. 34, No. 2 (2012)
THAILAND
(Kingdom of Thailand)
1. "Thaksin Shinawatra and the reshaping of Thai politics" by Kevin Hewison, Contemporary Politics, Vol. 16. No. 2, June 2010
2. "Constitutions, Regimes and Power in Thailand" by Kevin Hewison, Democratization, Vol. 14, No. 5, December 2007
3. "Constitutional afterlife: The continuing impact of Thailand's postpolitical constitution" by Tom Ginsburg, International Journal of Constitutional Law, Vol. 7, No. 1, 2009
CAMBODIA
(Kingdom of Cambodia)
1. "Cambodia: Capitalist Transformation by Neither Liberal Democracy Nor Dictatorship" by Steve Heder, Southeast Asian Affairs, 2012
2. "Dispensation of Justice by the Extraordinary Chambers in the Courts of Cambodia: A Critical Appraisal" by M. Ehteshamul Bari, IV JEAIL 1 (2011)
MYANMAR (ex-Burma)
(Republic of the Union of Myanmar)
1. "How to promote human rights in the world's most repressive states: lessons from Myanmar" by Morten B. Pedersen, Australian Journal of International Affairs, Vol. 67, No 2, 2013
2. "The Problem of Democracy in the Republic of the Union of Myanmar. Neither Nation-State Nor State-Nation?" by David I. Steinberg, Southeast Asian Affairs, 2012
3. "International sanctions or international justice? Shaping political development in Myanmar" by Roman David and Ian Holliday, Australian Journal of International Affairs, Vol. 66, No 2, April 2012
4. "Why Do Military Regimes Institutionalize? Constitution-making and Elections as Political Survival Strategy in Myanmar" by Aurel Croissant and Jil Kamerling, Asian Journal of Political Science, Vol. 21, No. 2, 2013
PHILIPPINES
(Republic of the Philippines)
1. "The Philippines under Aquino III, Year 2 - A Ponderous Slog Continues" by Patricio N. Abinales, Southeast Asian Affairs, 2013
2. "Public Support and Judicial Empowerment of the Philippine Supreme Court" by Imelda Deinla, Contemporary Southeast Asia, Vol. 36, No. 1 (2014)
INDONESIA
(Republic of Indonesia)
1. "Indonesia: Yudhoyono's Legacy between Stability and Stagnation" by Marcus Mietzner, Southeast Asian Affairs, 2012
2. "Political Conflict Resolution and Democratic Consolidation in Indonesia: The Role of the Constitutional Court" by Marcus Mietzner, Joural of East Asian Studies 10 (2010)
3. "Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu'amalat" by Alfitri, Journal of Law and Religion, Vol. XXIII
4. "Law and the Realisation of Human Rights: Insights from Indonesia's Education Sector" by Andrew Rosser, Asian Studies Review, Vol. 39, No. 2, 2015
MALAYSIA
1. "Malaysia - Pseudo-democracy and the making of a Malay-Islamic state" by James Chin
2. "Competing Imperatives: Conflicts and Convergences in State and Islam in Pluralist Malaysia" by Jaclyn L. Neo, Oxford Journal of Law and Religion (2015)
3. "Malay Nationalism, Islamic Supremacy and the Constitutional Bargain in the Multi-ethnic Composition of Malaysia" by Jaclyn Ling-Chien Neo, International Journal on Minority and Group Rights, 13 (2006)
4. "Islamist Conservatism and the Demise of Islam Hadhari in Malaysia" by Ahmad Fauzi Abdul Hamid and Muhamad Takiyuddin Ismail, Islam and Christian-Muslim Relations, Vol. 25, No. 2, 2014
5. "Malaysia's General Elections Amidst the Shadow of Re-Mahatirisation" by Ahmad Fauzi Abdul Hamid and Muhamad Takiyuddin Ismail, Kajian Malaysia, Vol. 32, Supp. 2, 2014
SINGAPORE
(Republic of Singapore)
1. "Governing Muslims in Singapore's secular authoritarian state" by Lily Zubaidah Rahim, Australian Journal of International Affairs, Vol. 66, No. 2, April 2012
2. "Yong Vui Kong v. Public Prosecutor and the Mandatory Death Penalty for Drug Offences in Singapore: A Dead End for Constitutional Challenge?" by Yvonne McDermott, International Journal on Human Rights and Drug Policy, Vol. 1 (2010)
3. "The Ideology of Pragmatism: Neo-liberal Globalisation and Political Authoritarianism in Singapore" by Kenneth Paul Tan, Journal of Contemporary Asia, Vol. 42, No. 1, February 2012
4. "Lee Kuan Yew and the "Asian Values" Debate" by Michael D. Barr, Asian Studies Review, Vol. 24, No. 3, September 2000
5. "The Past, Present and Future of the Internal Security Act" by Jack Tsen-Ta Lee, Dignity Defined Maruah (June 2012)
6. "Meritocracy and the Singapore Political System" by Thomas J. Bellows, Asian Journal of Political Science, Vol. 17, No. 1, April 2009
INDIA
(Republic of India)
1. "Right to Life as Basic Structure of Indian Constitution" by Aman Ullah and Samee Uzair, South Asian Studies, Vol. 26, No. 2, July-December 2011
2. "Basic Structure of Constitution: Impact of Kesavananda Bharati on Constitutional Status of Fundamental Rights" by Aman Ullah and Samee Uzair, South Asian Studies, Vol. 26, No. 2, July-December 2011
3. "Secularism in the Indian Context" by Deepa Das Acevedo, Law and Social Inquiry, Vol. 38, No. 1, Winter 2013
NEPAL
(Federal Democratic Republic of Nepal)
1. "Rebuilding the Ship while at Sea: Introduction to the Special Issue on Nepal's Constitutional Writing Process" by Andreas Føllesdal, International Journal on Minority and Group Rights 18 (2011)
2. "Between Demos and Ethnos: The Nepal Constitution and Indigenous Rights" by Peris Jones and Malcolm Langford, International Journal on Minority and Group Rights 18 (2011)
3. "A Compromising Consensus? Legitimising Local Government in Post-conflict Nepal" by Sarah Byrne and Gitta Shrestha, IDPR, 36 (4), 2014

Constitutions (in English)
ORAL PRESENTATIONS: 1. Check the group you belong to 2. Check the term planning (group assignments)
  HOW TO PRESENT: 1. Read the Constitution you have been assigned 2. Follow the guidelines (what and how to present?) 3. Think of issues you would like to discuss in class
4. Send your Powerpoint file to: courron [at] nanzan-u.ac.jp
Countries (common and official denomination)
 Constitutions
JAPAN [summary] [wikipedia]
assented on Nov. 3, 1946 and enacted on May 3, 1947 (103 articles, never amended as of today) [TEXT]
SOUTH KOREA [summary] [wikipedia]
     (The Republic of Korea)
assented on July 17, 1948 (130 articles, amended 9 times as of Oct. 29, 1987)
amendment history: amended 9 times, fully rewritten 5 times in 1960, 1962, 1972, 1980 and 1987 [TEXT]
NORTH KOREA [summary] [wikipedia]
     (The Democratic People's Republic of Korea, DPRK)
enacted on Sept. 8, 1948 (void)
enacted on Dec. 27, 1972 (172 articles, amended 4 times as of Apr. 1, 2013) [TEXT]
CHINA [summary] [wikipedia]
     (The People's Republic of China, PRC)
promulgated on Sept. 20, 1954 (void), Jan. 1975 (void) and Mar. 5, 1978 (void)
promulgated on Dec. 4, 1982 (138 articles, amended 4 times in 1988, 1993, 1999 and 2004 as of today) [TEXT]
TAIWAN [summary] [wikipedia]
     (The Republic of China, ROC)
assented on Dec. 25, 1946 and enacted on Dec. 25, 1947 (175 articles, amended 7 times as of 2005) [TEXT]
amendment history: amended 7 times in 1991, 1992, 1994, 1997, 1999, 2000 and 2005
HONG KONG [summary] [wikipedia]
     (Special Administrative Region, SARHK)
promulgated on Apr. 4, 1990 (160 articles, never amended as of today) [TEXT]
VIETNAM [summary] [wikipedia]
     (Socialist Republic of Vietnam)
enacted on Nov. 9, 1946 (void), Dec. 31, 1959 (void), Dec. 19, 1980 (void)
and Apr. 25, 1992 (amended once in 2001)
assented on Nov. 28, 2013 and enacted on Jan. 1, 2014 (120 articles, never amended as of today) [TEXT]
THAILAND [summary] [wikipedia]
     (Kingdom of Thailand)
20 constitutions or charters since the overthrow of absolute monarchy in 1932
enacted on Oct. 11, 1997 (void), Oct. 1, 2006 (void), Aug. 24, 2007 (void)
enacted on July 22, 2014 (48 sections, never amended as of today) [TEXT]
CAMBODIA [summary] [wikipedia]
     (Kingdom of Cambodia)
enacted on Sept. 21, 1993 (158 articles, amended once in 2004 as of today) [TEXT]
MYANMAR (ex-Burma) [summary] [wikipedia]
     (Republic of the Union of Myanmar)
enacted in 1947 (void), in 1972 (suspended from 1988 to 2008 now void)
drafted on Apr. 9, 2008 and ratified on May 29, 2008 (457 articles, never amended as of today) [TEXT]

PHILIPPINES [summary] [wikipedia]
     (Republic of the Philippines)
enacted in 1935 (void), in 1943 (void), in 1973 (void) and in 1986 (void)
crea
ted on Oct. 15, 1986 and ratified on Feb. 2, 1987 (306 sections in 18 articles, never amended as of today) [TEXT]
INDONESIA [summary] [wikipedia]
     (Republic of Indonesia)
enacted on Aug. 18, 1945, abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950
restored on July 5, 1959
(37 articles (actually 72), amended in 1999, 2000, 2001 and 2002) [TEXT]
MALAYSIA [summary] [wikipedia] ratified on Aug. 27, 1957 (15 Parts containing 230 articles and 13 schedules)
(amended in 1963, 1965 and 55 more times as of today) [TEXT]
SINGAPORE [summary] [wikipedia]
     (Republic of Singapore)
commenced on Aug. 9, 1965, enacted Dec. 22, 1965 and assented Dec. 23, 1965
3 Reprints: the 1980 Reprint, 1985 Revised Edition of the 1980 Reprint and the 1999 Reprint (in force to date)
(14 Parts containing 163 articles and 5 schedules, amended 46 times as of today) [TEXT]
INDIA [summary] [wikipedia]
     (Republic of India)
adopted on Nov. 26, 1949 and enacted on Jan. 26, 1950
(Preambule, 25 Parts containing 448 articles, 12 schedules and 5 appendices)
(amended 100 times as of today) [TEXT]
NEPAL [summary] [wikipedia]
     (Federal Democratic Republic of Nepal)
enacted on Sept. 20, 2015 (37 Parts containing 302 articles and 9 schedules)
(
never amended as of today) [TEXT]

List of official government sites
Countries
 Websites
JAPAN [wikipedia country page]
Executive (Emperor and Premier / Government), Legislative (lower / upper), Judiciary
SOUTH KOREA (Republic of Korea) [wikipedia country page] Executive (Head of State or Premier / Government), Legislative, Judiciary
NORTH KOREA (Democratic People's Republic of Korea, DPRK) [wikipedia country page] Executive (Government)
CHINA (People's Republic of China, PRC) [wikipedia country page] Executive (Head of State or Premier / Government), Legislative, Judiciary
TAIWAN (Republic of China, ROC) [wikipedia country page] Executive (Head of State or Premier / Government), Legislative, Judiciary
HONG KONG (Special Administrative Region, SARHK) [wikipedia country page] Executive (Chief Executive / Government), Legislative, Judiciary
VIETNAM (Socialist Republic of Vietnam) [wikipedia country page] Executive (Head of State or Premier / Government), Legislative, Judiciary
THAILAND (Kingdom of Thailand) [wikipedia country page] Executive (Head of State or Premier / Government), Legislative (lower / upper), Judiciary
CAMBODIA (Kingdom of Cambodia) [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative (lower / upper), Judiciary
MYANMAR (ex-Burma) (Republic of the Union of Myanmar) [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative, Judiciary
PHILIPPINES (Republic of the Philippines) [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative (lower / upper), Judiciary
INDONESIA (Republic of Indonesia) [wikipedia country page]
Executive (Head of State / Government), Legislative, Judiciary
MALAYSIA [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative (lower / upper), Judiciary
SINGAPORE (Republic of Singapore) [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative, Judiciary
INDIA (Republic of India) [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative (lower / upper), Judiciary
NEPAL (Federal Democratic Republic of Nepal) [wikipedia country page]
Executive (Head of State or Premier / Government), Legislative, Judiciary