Chinese Journal of Comparative Law最新文献_第9页

Contemporary Constitution Making in Asia-Pacific 当代亚太宪法制定

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/cjcl/cxz015

D. Visser, N. Bui

引用次数: 0

Constitution-Making in Bhutan: A Complex and Sui Generis Experience 不丹的制宪:一个复杂而独特的经验

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/cjcl/cxz013

V. Iyer

引用次数: 5

Sri Lanka’s Quest for a Reformed Constitution: Lessons from a Lost Opportunity 斯里兰卡寻求改革宪法:从失去的机会中吸取教训

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/CJCL/CXZ011

A. I. Pulle, Suri Ratnapala

{"title":"Sri Lanka’s Quest for a Reformed Constitution: Lessons from a Lost Opportunity","authors":"A. I. Pulle, Suri Ratnapala","doi":"10.1093/CJCL/CXZ011","DOIUrl":"https://doi.org/10.1093/CJCL/CXZ011","url":null,"abstract":"\u0000 The history of Sri Lanka is highly instructive of the dynamics of constitutional evolution in a post-colonial, multi-ethnic, and economically challenged Asian nation. Sri Lanka is one of the few ex-colonies where constitutional change has happened without military involvement. Citizens have changed their government 10 times by generally fair and free elections. In the first three decades after independence, the country’s judiciary enjoyed an enviable reputation for independence, integrity, and competence. The public service, though poorly rewarded and resourced, maintained a praiseworthy standard of administrative impartiality and competence. Sri Lanka had, and still has, one of the highest rates of literacy in the developing world and scores creditably on human development indicators. Despite these impressive achievements, the country has a chequered record of constitutional government since independence. It has been ruled for long periods under emergency rule, and the nation’s two republican constitutions have a poor record of maintaining constitutional democracy and basic rights and freedoms. The nation’s most recent efforts at constitutional reform, despite some notable successes, have stalled as a consequence of hyper-partisanship and opportunistic political strategizing. This article examines the post-independence constitutional history of the nation, prognosticates its prospects of constitutional revival, and draws important lessons from the failure of the current constitutional project.","PeriodicalId":42366,"journal":{"name":"Chinese Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/CJCL/CXZ011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48574324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitution-Making in 21st-Century Thailand:The Continuing Search for a Perfect Constitutional Fit 21世纪泰国的宪法制定：对完美宪法契合度的持续探索

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/CJCL/CXZ009

A. Harding, Rawin Leelapatana

引用次数: 1

Corrigendum to: Constitution-Making in 21st-Century Thailand: The Continuing Search for a Perfect Constitutional Fit 更正：《21世纪泰国宪法制定：寻求完美宪法契合的持续探索》

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/cjcl/cxz018

A. Harding, Rawin Leelapatana

引用次数: 0

‘Cut and Paste’ Constitution-Making in Timor-Leste 东帝汶的“剪切粘贴”制宪

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/cjcl/cxz012

Joanne Wallis

{"title":"‘Cut and Paste’ Constitution-Making in Timor-Leste","authors":"Joanne Wallis","doi":"10.1093/cjcl/cxz012","DOIUrl":"https://doi.org/10.1093/cjcl/cxz012","url":null,"abstract":"\u0000 When Timor-Leste (re)gained its independence in 2002, it appeared to be a triumph of international state building. In a relatively short period, a massive United Nations (UN)-run mission had purportedly built the institutions of a liberal democratic state. State building took place in a highly globalized context; there was a large UN presence as well as international non-governmental organizations, academics, journalists, and activists. In addition, many exiled Timorese leaders returned to play a role. While constitution making was central to state building, there are questions about the legitimacy, effectiveness, and stability of the Timor-Leste Constitution and the state institutions that it created. This article focuses on three aspects of the interplay between the global and local during the constitution-making process. First, it considers the relationship between the UN and Timorese elites, finding that the UN adopted a hands-off approach that created space for certain elites to dominate and politicize the process. These returning exiles engaged in ‘cut and paste’ constitution making, with much of the Timor-Leste Constitution based on the 1989 version of the Portuguese Constitution (modified to an extent by the 1990 Mozambican Constitution). Second, it analyses whether the constitution-making process was a true exercise of the constituent power of the Timorese people and concludes that the dominance of certain elites contributed to social division. Third, it discusses the significance of public participation, noting that minimal participation has meant that the Constitution does not reflect the views of most Timorese people. This is even though the principle of ‘popular sovereignty’ implies that, at least in states that aspire to be liberal democracies, people should be given the opportunity to participate in making their state’s Constitution. It concludes by arguing that the Timorese people missed the opportunity for their Constitution to define the political bond between them and embed state institutions in the local context.","PeriodicalId":42366,"journal":{"name":"Chinese Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/cjcl/cxz012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45441351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PuttingTheir Guns on the Scale: Constitution-Making in Burma/Myanmar under Military Command 把他们的枪放在天平上:缅甸的宪法制定/军事指挥下的缅甸

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Chinese Journal of Comparative Law Pub Date : 2019-09-01 DOI: 10.1093/CJCL/CXZ010

Nyi Nyi Kyaw

{"title":"PuttingTheir Guns on the Scale: Constitution-Making in Burma/Myanmar under Military Command","authors":"Nyi Nyi Kyaw","doi":"10.1093/CJCL/CXZ010","DOIUrl":"https://doi.org/10.1093/CJCL/CXZ010","url":null,"abstract":"\u0000 The process of making the present Constitution of the Republic of the Union of Myanmar in Burma/Myanmar under the military dictatorship State Law and Order Restoration Council/State Peace and Development Council (SLORC/SPDC) from 1993 through to 2007 is rightly viewed as an undemocratic, repressive process. Both the citizens of Myanmar and the international community generally had no say in the whole process. Thus, the process may be viewed as one of resistance by the SLORC/SPDC against global constitution-making norms and practices, on the one hand, and local democratic politicians and groups, on the other hand. The Constitution that came into operation in January 2011 admittedly has highly undemocratic content. However, it undeniably has some democratic content that started bearing fruit, eventually culminating in the winning, in the November 2015 general election, and the coming to power of, the National League for Democracy party in March 2016. I trace the constitution making in Burma/Myanmar by expanding the time frame of analysis until 2016 and revisit the ‘resistance’ argument. Then I posit that the process is a double-pronged strategy by the SLORC/SPDC to, first, resist global and local pressures with the intention of, later, engaging with them when the time was perceived to be right and conducive to their interests.","PeriodicalId":42366,"journal":{"name":"Chinese Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/CJCL/CXZ010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42321661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Doctrine and Discretion in the Law of Contract Revisited 合同法中的原则与自由裁量权

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Chinese Journal of Comparative Law Pub Date : 2019-06-01 DOI: 10.1093/CJCL/CXZ004

Ewan Mckendrick

引用次数: 1

Substantive Review of Administrative Discretion in Hong Kong: Divergence between Judicial Rhetoric and Practice 香港行政裁量权的实质考察：司法辞令与实践的分歧

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Chinese Journal of Comparative Law Pub Date : 2019-06-01 DOI: 10.1093/CJCL/CXZ006

E. Ip, P. Yap

引用次数: 0

A Comparative Approach to Margin of Appreciation in International Law 国际法上升值幅度的比较研究