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7 - Constitutional revision

Published online by Cambridge University Press:  09 October 2009

Graham Hassall
Affiliation:
Landegg International University, Switzerland
Cheryl Saunders
Affiliation:
University of Melbourne
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Summary

Chiba describes the constitutional experience of Asian legal systems as the coming together of 'official law' (the legal system sanctioned by the legitimate authority of a country), 'unofficial law' (sanctioned by the consensual practice of some group within or outside a country) and 'legal postulate' (a value principle or system serving to justify and orient either unofficial or official law, which gives unique identity to the body of law). When divergence between official law and customary values and practices becomes too great, some accommodation will occur, either negotiated or more revolutionary. This schemata seems plausible in a general sense and assists in understanding a tendency for the peoples of new nations to amend their constitutions, sometimes drastically, within a generation of their establishment.

There have been few exercises in constitutional reform in the Asia Pacific, and their success or otherwise is difficult to assess. In fact, a survey of reform efforts in the region suggests that exercises in complete constitutional revision appear to have failed to achieve their objectives more often than they have succeeded. A number of regional countries have swung between presidential and parliamentary forms of government, on each occasion striving to extricate themselves from the worst effects. Pakistan, Sri Lanka and South Korea have tried both systems. Bangladesh and Pakistan have established parliamentary forms of government after experiencing periods of harsh military rule.

In Nepal, similarly, the parliament was established under a prime minister following the creation of a parliamentary democracy in 1991.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • Constitutional revision
  • Graham Hassall, Landegg International University, Switzerland, Cheryl Saunders, University of Melbourne
  • Book: Asia-Pacific Constitutional Systems
  • Online publication: 09 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549960.009
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  • Constitutional revision
  • Graham Hassall, Landegg International University, Switzerland, Cheryl Saunders, University of Melbourne
  • Book: Asia-Pacific Constitutional Systems
  • Online publication: 09 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549960.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Constitutional revision
  • Graham Hassall, Landegg International University, Switzerland, Cheryl Saunders, University of Melbourne
  • Book: Asia-Pacific Constitutional Systems
  • Online publication: 09 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549960.009
Available formats
×