Constitutions, Constitutional Practice and Constitutionalism in East Asia

Abstract

The constitutions and constitutional practice of states in East and Southeast Asia provide worthwhile case studies for scholars of comparative constitutional law, constitutional theory and politics. This paper seeks to provide a conceptual framework for such comparative studies, and discusses some key components of the existing literature on this subject. It is hoped that the paper can serve as a point of departure or guide for further research into the topic. East Asia is a region characterized by great ethnic, cultural, religious and linguistic diversities, different levels of economic development, and large variations in the types of political regimes that have existed or are now prevalent. This is highly relevant to the study of Asian constitutionalism, as constitutional law is bound up with history and politics. All states in East Asia have adopted written constitutions in modern times, but the nature, purposes and functions of these constitutions vary according to the nature and character of the political regimes in which they exist. This paper will therefore begin with a discussion of the types of regimes that have existed in modern East Asia, before proceeding to investigate the relationship between constitutions and regime types.