chapter  4
70 Pages

Toward an East Asian model of constitutionalism

This chapter argues that it is possible and desirable for East Asia to develop a distinctive model of constitutionalism by integrating ethico-political ideas and values of Confucianism. Universalists, believe that constitutionalism in East Asia in fact has common features of generic constitutionalism, and therefore there is no distinctive model of East Asian constitutionalism. Also, the globalization of constitutional law which leads to the judicial recognition of human rights is actually the global phenomenon. However, contemporary constitutional comparativists tend to evade normative moral inquiry. The normative model of principled mixed constitutionalism belongs to this pedigree of constitutionalism. An East Asian model of constitutionalism defined by mixing western liberal principles and Confucian principles represents the version of principled mixed constitutionalism. The expressivist argument justifies the legitimacy of the Confucian component in the mixed constitutional scheme. East Asian constitutionalism would concern not only human rights, but also human virtues. The Constitutional Academy will conduct constitutional lectures.