ABSTRACT

Modern constitutional practices in Asia have presented features that do not squarely fit into liberal constitutionalism. This may be reflective of the much-debated Asian values discourse, traceable to its intellectual and cultural foundations and the ancient dynastic institutions and customs. Aimed at exploring such intellectual foundations for Asian constitutional developments, this chapter provides a general overview of the debate on Asian values and analyzes the role of Asian values in the present constitutional developments. In particular, this chapter interrogates the extent to which Confucianism as one of the ancient intellectual and cultural foundations in Asia may inspire the development of liberal constitutionalism or be used to justify illiberal constitutional arrangements. This chapter concludes that Confucianism has not undermined the development of liberal constitutionalism but does in varying degrees provide for alternative constitutional arrangements in the region.