The Emergence of East Asian Constitutionalism
Features in Comparison
Bibliographic Data
| ID | 5346178 |
|---|---|
| Authors | Jiunn-Rong Yeh (National Taiwan University), Wen-Chen Chang (0000-0001-7221-2027, National Taiwan University) |
| Year | 2011 |
| Volume | 59 |
| Issue | 3 |
| Pages | 805-839 |
| Publication date | 2011-07-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2010.0021 |
| OpenAlex | W2042274575 |
| Language | EN |
| Citations received | 6 |
| References cited | 36 |
Vibrant constitutional democracies have taken hold in East Asia. Scant attention, however, has been paid to the ways in which constitutionalism has emerged and developed into distinctive forms in that region. This Article seeks to analyze and to present an overview of constitutional developments in Japan, South Korea and Taiwan after World War II. By comparing the three countries, the authors identify a number of common features which their constitutional environments share. These include an instrumental approach to constitutional state building, institutional continuity, a reactive and cautious style of judicial review, and adoption of a wide range of rights in line with social and political progress. These features do not merely mirror standard (Western) constitutionalism, nor do they fit neatly into the so-called Asian values discourse. They also do not merely indicate global transitional constitutionalism. Instead, the emergence of an East Asian style sheds a new light on contemporary constitutionalism more generally and deserves a central place in comparative constitutional studies
China · Constitutionalism · Democracy · East Asia · Geography · Political science · Politics · Asian Studies and History · Comparative and International Law Studies · Judicial and Constitutional Studies · Law
Law and social change in postwar Japan
Judicial Review in New Democracies
How Capitalism Was Built
The third wave
Political parties and democratic consolidation in Greece
Democracy and Diversity
The New Law and Economic Development
The Hollow Hope
Problems of Democratic Transition and Consolidation
Japan and the Reconstruction of East Asia
Confucian Constitutionalism? The Emergence of Constitutional Review in Korea and Taiwan
The East Asian Model of Economic Development and Developing Countries
The Future of Liberal Revolution
Towards Juristocracy
The Challenge of Free Speech
Does Law Matter for Economic Development? Evidence From East Asia
The Presidency, Regionalism, and Distributive Politics in South Korea
The Politics of Constitution Making
Social change and the family
Dismantling the "Developmental State"? Administrative Procedure Reform in Japan and Korea
Customary Law and Colonial Jurisprudence in Korea
Social Networks and Family Change in Japan
Law, Politics, and Impeachment
Culture Is Destiny
Gender, Marriage and Family Support in East Asian Families
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,46 |
| Citation span | 2013 - 2021 (9) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |