ABSTRACT

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.

part II|66 pages

Denotive model

chapter 6|22 pages

Amending constitutional standards of parliamentary piety in Pakistan?

Political and judicial debates

chapter 7|18 pages

Limiting constituent power?

Unconstitutional constitutional amendments and time-bound constitution making in Nepal

part III|78 pages

Decisive model

chapter 8|16 pages

Beyond unconstitutionality

The public oversight of constitutional revision in Taiwan

chapter 9|20 pages

Thailand's unamendability

Politics of two democracies

chapter 10|21 pages

Constitutional politics over (un)constitutional amendments

The Indian experience

part IV|68 pages

Commentaries

chapter 15|23 pages

Why there?

Explanatory theories and institutional features behind unconstitutional constitutional amendments in Asia