4-3
/
2009 / 9
/
pp. 39 - 53
The Emergence of Asian Constitutionalism: Features in Comparison
作者
Jiunn-Rong Yeh *
(Professor, National Taiwan University College of Law)
Jiunn-Rong Yeh *
Professor, National Taiwan University College of Law
英文摘要

The rise of modern Asia constitutionalism has not been widely discussed as its western counterparts; although Asia constitutionalism shared with tradition constitutionalism a thin understanding of a liberal constitutional foundation upon which state, society and individuals are defined, nevertheless the distinct developments and features of Asia Constitutionalism which has moved beyond Asia values in the last two decades is worth noting. Constitutional developments in Asia though seemingly share similar features with new democracies like Eastern Europe, nevertheless, Asia constitutionalism is embedded with fundamental differences that is distinguishable from the normative understanding of western constitutionalism. This Article analyses the distinguish development of Asia Constitutionalism in light of the evolving paradigms of modern constitutionalism; traditional constitutionalism, transitional constitutionalism and transnational constitutionalism, then concludes with the remark on the need to address the emerging trend of Asian Constitutionalism and how further investigation into the development and features of Asian Constitutionalism would shed a new light on contemporary constitutionalism.

英文關鍵字

Asian Constitutionalism; Traditional Constitutionalism; Transitional Constitutionalism; Transnational constitutionalism; Asian Value Discourse