Publication Type

Journal Article

Version

acceptedVersion

Publication Date

7-2019

Abstract

How have Asian nations conducted, or how are they conducting, constitution-making in the face of pressures associated with globalization, and how do they balance those forces with domestic interests and realities? This article aims to develop an analytical framework that can capture this global-local interplay. It introduces the concept of “glocalized constitution-making” to denote the co-existence and relationship between the two governance levels as manifested in the forces, actors and norms pertaining to the process of drafting a new constitution as well as its substance. Glocalization permeates the entirety of a constitution-making episode, from the impetus to initiate the process, to its design and inclusiveness of interests featured, and the scope of topics considered. The effects of glocalized constitution-making for domestic drafters are arranged along a continuum with approbation and aversion as the polar opposites. The precise location on the continuum will depend on the value preferences of the domestic stakeholder and the matters under consideration. The application of this analytical framework is illustrated with reference to recent constitution-making exercises in Bhutan, Nepal, Thailand, East Timor, and Sri Lanka.

Keywords

Asia, glocalized constitution-making, human rights, international involvement, public participation

Discipline

Asian Studies | Public Law and Legal Theory

Research Areas

Public Interest Law, Community and Social Justice; Public Law

Publication

Global Constitutionalism

Volume

8

Issue

2

First Page

297

Last Page

331

ISSN

2045-3817

Identifier

10.1017/S2045381719000066

Publisher

Cambridge University Press (CUP): HSS Journals

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1017/S2045381719000066

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