Yash Ghai
Datos Biográficos
| ID | 171286 |
|---|---|
| NOMBRE | Yash Ghai |
| NOMBRES | Yash |
| APELLIDO | Ghai |
| FIRMA | GHAI Y |
| AFILIACIONES | University of Hong Kong |
| VERIFICADO | No |
| TOTAL DE OBRAS | 39 |
| TOTAL DE CITAS | 109 |
| TOTAL COMO AUTOR | 37 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 1963 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2024 |
| ÍNDICE H | 5 |
The Constitution That Never Was
The authors take the view that the draft constitution prepared by the Fiji Constitution Commission in 2012, but rejected by the government in favour of the government-drafted 2013 document, deserves not to be ignored. They show how it was developed, including how it responded to the issues that mattered to Fijians at the time, and how it dealt with the non-negotiable requirements laid down by the Bainimarama regime. The article also indicates the…
Constitutions and constitutionalism
The notion of a constitutional order is broader than the text of a constitution and includes the norms of international and regional laws. In turn, constitutionalism refers to an adherence to that order and to a system in which power belongs to state offices, rather than to individuals. As such, constitutionalism is a source of power, but it also sets limits on power. This chapter analyses the struggle for constitutional reform and constitutional…
Indians in Kenya
Practising Self-Government
Zanzibar in Tanzania
A summary is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
In the Eye of the Storm
In the Eye of the Storm: Jai Ram Reddy and the politics of postcolonial Fiji. By Brij V. Lal. Canberra, ANU E Press, 2010. xxv+735 pp., illus., endnotes, bibliographical guide, index. Online versio
Unused powers
The most important power granted to autonomous areas in China’s system of Nationalities Regional Autonomy should allow them to modify higher-level laws and policies through autonomy legislation. This is one of the two principal methods for the exercise of autonomy, with the other being the holding of key government posts by minority members. Yet efforts by the five autonomous regions to exercise their powers to enact autonomy legislation have bee…
Patrons, Clients, and Constitutions
The euphoria that followed the 2002 elections in Kenya and the end of the increasingly authoritarian regime of Daniel arap Moi, soon dissipated as the regime of Mwai Kibaki slid into the business as usual of corruption, patronage and cronyism of politics in Africa's most strongly articulated informal system of ethnic-based patronage, one that originated in the colonial period and was refined and extended under the Kenyatta and Moi regimes. Kibaki…
Bills of Rights and Decolonization
Devolution
This essay was originally presented as a lecture to the African Research and Resource Forum at the Kenya International Conference Centre, Nairobi, on 23 November 2007. The author has previously served as Chairperson of the Constitution of Kenya Review Commission, and Chair of the National Constitutional Conference, popularly known in Kenya as 'Bomas'. The essay surveys his thoughts on the status of the constitutional debate in Kenya as the electi…
Constitutionalising Affirmative Action in the Fiji Islands
The Fiji Islands are a society deeply divided in ethnic terms, especially between indigenous Fijians and Indo-Fijians, and also characterised by disadvantage and poverty in most communities. Various forms of affirmative action have been pursued, mostly in favour of indigenous Fijians who are not a disadvantaged minority, as in many states with significant affirmative action programmes, or the victims of discrimination. However, there is a percept…
Constitution Making and Democratization in Kenya (2000–2005)
The article analyses the most intense phase of a process of constitutional review in Kenya that has been ongoing since about 1990: that stage began in 2000 and is, perhaps, not yet completed, there being as yet no new constitution. The article describes the reasons for the review and the process. It offers an account of the role of the media and various sectors of society including women and previously marginalized ethnic groups, in shaping the a…
Unitary state, devolution, autonomy, secession
This paper compares the experience of two main attempts to accommodate secessionist pressures in Bougainville, a sub-national island unit of Papua New Guinea (PNG). In 1976 constitutionally based devolution was established on a largely uniform basis for Bougainville and PNG's 18 other provinces. A 2001 agreement to end a secessionist war has resulted in constitutionally guaranteed asymmetrical autonomy and a right to a deferred referendum on inde…
Citizenship and Politics in the HKSAR
This paper examines two prominent meanings of citizenship in Hong Kong: as a set of legal rules defining a person's relationship to the state, and as the values and influence that a person has as a citizen, in the context of the Basic Law. The transfer of sovereignty did not produce a significant change in either the legal or social status of citizenship, which in Hong Kong's case means 'a permanent resident with the right of abode'. Colonial rul…
Hong Kong’s Constitutional Debate
The Basic Law of the Special Administrative Region of Macau
With China's resumption of sovereignty over Macau on 20th December 1999, another step was taken towards the reunification of Greater China. The reunification of Macau as of Hong Kong is based on the principle of “one country, two systems’, under which the socialist systems of the People's Republic of China are not applied in these territories. Instead most constituents of their previous economic, legal and social systems are preserved. In either …
Hong Kong’s New Constitutional Order
This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China’s constitutio…
Appendix I
Sentinels of Liberty or Sheep in Woolf's Clothing? Judicial Politics and the Hong Kong Bill of Rights
Establishing a Liberal Political Order Through a Constitution
The experience with the independent constitution of Papua New Guinea is examined in this article to argue that, while constitutions are able to set up institutions and define their jurisdiction, they are less effective in establishing values and norms. Constitutions establish broad frameworks for politics but are rarely successful in determining the dynamics of politics or the conduct of parties, which depend principally on social and economic ci…
Hong Kong and Macao in transition (II)
The first part of the article focused on democratization and the main issues at stake between China, Britain, Portugal, Hong Kong and Macao as the responsibility for the two colonies reverts to the mainland. It was argued that their separate history and their respective metropolitan traditions will weigh heavily on the prospects for any phased transition to democracy. Of more immediate importance, however, is the current balance of forces within …
Hong Kong and Macao in transition (I)
Hong Kong returns to Chinese sovereignty on 1 July 1997 and Portugal terminates its administration of Macao, handing over to China, on 20 December 1999.' The unprecedented circumstances when two European colonies are decolonized, not into independence but the embrace of the last effective communist state in the world, have raised considerable anxieties about the future of democracy there and the rights and freedoms of their inhabitants. Unlike ot…
The Role of Law in the Transition of Societies
Decolonization in Africa brought political independence to former colonies but it did not, as a rule, change the underlying social and economic structures of their societies. It passed political power to groups which had only a weak base in the economy (which was dominated by multinational capital, immigrant communities or traditional elites) and a limited stake in the prevailing social systems. It was obvious that in these circumstances politica…
Coups and Constitutional Doctrines
Law, Development and African Scholarship
Constitution Making and Democratization in Kenya (2000–2005)
The article analyses the most intense phase of a process of constitutional review in Kenya that has been ongoing since about 1990: that stage began in 2000 and is, perhaps, not yet completed, there being as yet no new constitution. The article describes the reasons for the review and the process. It offers an account of the role of the media and various sectors of society including women and previously marginalized ethnic groups, in shaping the a…
Devolution
This essay was originally presented as a lecture to the African Research and Resource Forum at the Kenya International Conference Centre, Nairobi, on 23 November 2007. The author has previously served as Chairperson of the Constitution of Kenya Review Commission, and Chair of the National Constitutional Conference, popularly known in Kenya as 'Bomas'. The essay surveys his thoughts on the status of the constitutional debate in Kenya as the electi…
Citizenship and Politics in the HKSAR
This paper examines two prominent meanings of citizenship in Hong Kong: as a set of legal rules defining a person's relationship to the state, and as the values and influence that a person has as a citizen, in the context of the Basic Law. The transfer of sovereignty did not produce a significant change in either the legal or social status of citizenship, which in Hong Kong's case means 'a permanent resident with the right of abode'. Colonial rul…
Unitary state, devolution, autonomy, secession
This paper compares the experience of two main attempts to accommodate secessionist pressures in Bougainville, a sub-national island unit of Papua New Guinea (PNG). In 1976 constitutionally based devolution was established on a largely uniform basis for Bougainville and PNG's 18 other provinces. A 2001 agreement to end a secessionist war has resulted in constitutionally guaranteed asymmetrical autonomy and a right to a deferred referendum on inde…
Asians in East Africa
The attainment of independence by Kenya, Uganda, and Tanzania has posed new and perplexing problems for the 360,000 Asians settled in these countries.1 They have to adapt themselves to new political régimes, which are determined to carry out far-reaching changes in the traditional roles of the different races in East Africa. In order to understand fully the complexity and magnitude of the problems faced by the Asian community in East Africa, it i…
The Basic Law of the Special Administrative Region of Macau
With China's resumption of sovereignty over Macau on 20th December 1999, another step was taken towards the reunification of Greater China. The reunification of Macau as of Hong Kong is based on the principle of “one country, two systems’, under which the socialist systems of the People's Republic of China are not applied in these territories. Instead most constituents of their previous economic, legal and social systems are preserved. In either …
Establishing a Liberal Political Order Through a Constitution
The experience with the independent constitution of Papua New Guinea is examined in this article to argue that, while constitutions are able to set up institutions and define their jurisdiction, they are less effective in establishing values and norms. Constitutions establish broad frameworks for politics but are rarely successful in determining the dynamics of politics or the conduct of parties, which depend principally on social and economic ci…
Hong Kong and Macao in transition (I)
Hong Kong returns to Chinese sovereignty on 1 July 1997 and Portugal terminates its administration of Macao, handing over to China, on 20 December 1999.' The unprecedented circumstances when two European colonies are decolonized, not into independence but the embrace of the last effective communist state in the world, have raised considerable anxieties about the future of democracy there and the rights and freedoms of their inhabitants. Unlike ot…
Constitutions and the Political Order in East Africa
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Constitutional Innovation and Political Stability in Tanzania
It is generally recognised that governments and methods of controlling them can exist without formal opposition parties-as in a one-party state.1 At the same time, the first flush of enthusiasm for one-party states in Africa is dying away and people are beginning to question whether a monolithic party structure is the best or the only way to achieve political stability and economic development, two driving forces behind much of African politics t…
Unused powers
The most important power granted to autonomous areas in China’s system of Nationalities Regional Autonomy should allow them to modify higher-level laws and policies through autonomy legislation. This is one of the two principal methods for the exercise of autonomy, with the other being the holding of key government posts by minority members. Yet efforts by the five autonomous regions to exercise their powers to enact autonomy legislation have bee…
Patrons, Clients, and Constitutions
The euphoria that followed the 2002 elections in Kenya and the end of the increasingly authoritarian regime of Daniel arap Moi, soon dissipated as the regime of Mwai Kibaki slid into the business as usual of corruption, patronage and cronyism of politics in Africa's most strongly articulated informal system of ethnic-based patronage, one that originated in the colonial period and was refined and extended under the Kenyatta and Moi regimes. Kibaki…
Sentinels of Liberty or Sheep in Woolf's Clothing? Judicial Politics and the Hong Kong Bill of Rights
Law, Development and African Scholarship
The Constitution That Never Was
The authors take the view that the draft constitution prepared by the Fiji Constitution Commission in 2012, but rejected by the government in favour of the government-drafted 2013 document, deserves not to be ignored. They show how it was developed, including how it responded to the issues that mattered to Fijians at the time, and how it dealt with the non-negotiable requirements laid down by the Bainimarama regime. The article also indicates the…
Constitutionalising Affirmative Action in the Fiji Islands
The Fiji Islands are a society deeply divided in ethnic terms, especially between indigenous Fijians and Indo-Fijians, and also characterised by disadvantage and poverty in most communities. Various forms of affirmative action have been pursued, mostly in favour of indigenous Fijians who are not a disadvantaged minority, as in many states with significant affirmative action programmes, or the victims of discrimination. However, there is a percept…
Hong Kong and Macao in transition (II)
The first part of the article focused on democratization and the main issues at stake between China, Britain, Portugal, Hong Kong and Macao as the responsibility for the two colonies reverts to the mainland. It was argued that their separate history and their respective metropolitan traditions will weigh heavily on the prospects for any phased transition to democracy. Of more immediate importance, however, is the current balance of forces within …
Law in the Political Economy of Public Enterprise
Control and Management of the Economy. Research Perspectives on Public Enterprise
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
The Kenya Council of State and the African Affairs Board of the Central African Federation
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Kenya Council of State and the African Affairs Board of the Central African Federation
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Asians in East Africa
The attainment of independence by Kenya, Uganda, and Tanzania has posed new and perplexing problems for the 360,000 Asians settled in these countries.1 They have to adapt themselves to new political régimes, which are determined to carry out far-reaching changes in the traditional roles of the different races in East Africa. In order to understand fully the complexity and magnitude of the problems faced by the Asian community in East Africa, it i…
Constitutional Innovation and Political Stability in Tanzania
It is generally recognised that governments and methods of controlling them can exist without formal opposition parties-as in a one-party state.1 At the same time, the first flush of enthusiasm for one-party states in Africa is dying away and people are beginning to question whether a monolithic party structure is the best or the only way to achieve political stability and economic development, two driving forces behind much of African politics t…
Books
Constitutions and the Political Order in East Africa
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Public Law and Political Change in Kenya
East African Industrial Licensing System
Notes Towards a Theory of Law and Ideology Tanzanian Perspectives
Control and Management of the Economy. Research Perspectives on Public Enterprise
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Indirect Rule and the Search for Justice
Reflections on Law and Economic Integration in East Africa
Reflections of Law and Economic Integration in East Africa
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Law in the Political Economy of Public Enterprise
Legal Education in Africa South of the Sahara
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Coups and Constitutional Doctrines
Law, Development and African Scholarship
The Role of Law in the Transition of Societies
Decolonization in Africa brought political independence to former colonies but it did not, as a rule, change the underlying social and economic structures of their societies. It passed political power to groups which had only a weak base in the economy (which was dominated by multinational capital, immigrant communities or traditional elites) and a limited stake in the prevailing social systems. It was obvious that in these circumstances politica…
Hong Kong and Macao in transition (II)
The first part of the article focused on democratization and the main issues at stake between China, Britain, Portugal, Hong Kong and Macao as the responsibility for the two colonies reverts to the mainland. It was argued that their separate history and their respective metropolitan traditions will weigh heavily on the prospects for any phased transition to democracy. Of more immediate importance, however, is the current balance of forces within …
Hong Kong and Macao in transition (I)
Hong Kong returns to Chinese sovereignty on 1 July 1997 and Portugal terminates its administration of Macao, handing over to China, on 20 December 1999.' The unprecedented circumstances when two European colonies are decolonized, not into independence but the embrace of the last effective communist state in the world, have raised considerable anxieties about the future of democracy there and the rights and freedoms of their inhabitants. Unlike ot…
Sentinels of Liberty or Sheep in Woolf's Clothing? Judicial Politics and the Hong Kong Bill of Rights
Establishing a Liberal Political Order Through a Constitution
The experience with the independent constitution of Papua New Guinea is examined in this article to argue that, while constitutions are able to set up institutions and define their jurisdiction, they are less effective in establishing values and norms. Constitutions establish broad frameworks for politics but are rarely successful in determining the dynamics of politics or the conduct of parties, which depend principally on social and economic ci…
Appendix I
Hong Kong’s New Constitutional Order
This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China’s constitutio…
Hong Kong’s Constitutional Debate
The Basic Law of the Special Administrative Region of Macau
With China's resumption of sovereignty over Macau on 20th December 1999, another step was taken towards the reunification of Greater China. The reunification of Macau as of Hong Kong is based on the principle of “one country, two systems’, under which the socialist systems of the People's Republic of China are not applied in these territories. Instead most constituents of their previous economic, legal and social systems are preserved. In either …
Political science (37 obras) · Law (33 obras) · Sociology (27 obras) · Politics (26 obras) · Law (21 obras) · Political economy (14 obras) · Economics (11 obras) · Computer Science (10 obras) · Legal Issues in South Africa (9 obras) · Public Administration (9 obras)