This Constitution Brief provides a basic guide to constitutional courts and the issues that they ... more This Constitution Brief provides a basic guide to constitutional courts and the issues that they raise in constitution-building processes, and is intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar and other transitional states.
Writing an abstract of a short paper on how to write an abstract might be quite dangerous! My gra... more Writing an abstract of a short paper on how to write an abstract might be quite dangerous! My gravamen is - be brief, clear, interesting, and to the point. Do not repeat or conceal. Entice me into reading more.
Hobson Jobson: English is permeable and has absorbed words from many languages by cultural interc... more Hobson Jobson: English is permeable and has absorbed words from many languages by cultural interchange, a legacy of imperialism and globalism.
This is a popular piece enlarging on the curious mixed Anglo-Saxon and French-derived vocabulary ... more This is a popular piece enlarging on the curious mixed Anglo-Saxon and French-derived vocabulary found in English and its class significance. I am told this piece is entertaining and instructive!
This analysis and comment on the Brexit crisis argues that the politics and law of Article 50 of ... more This analysis and comment on the Brexit crisis argues that the politics and law of Article 50 of the Lisbon Treaty and the British Constitution make Brexit a highly complex issue which has not yet been decided. This paper replaces an earlier version which had some technical issues and this version also benefits from comments from Norman Ho, for which I thank Norman very much.
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - L... more This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses intergovernmental relations of local governments in Malaysia. The entry forms part of the LoGov...
This paper considers the fate of ‘new Asian constitutionalism’ in Thailand following the military... more This paper considers the fate of ‘new Asian constitutionalism’ in Thailand following the military coup of 19 September 2006 and the drafting of a new constitution in 2007 (Thailand’s 18th since 1932) and its implementation in 2008. Given the roller-coaster history of constitution-making and coups in Thai history since the overthrow of the absolute monarchy in 1932, the paper considers the trajectory of new Asian constitutionalism in its Thai manifestation, and attempts to provide answer to the question: if Thai constitutions are only ever temporary or provisional, where must we look for fundamental legal norms?
This is the first book to provide a broad coverage of Thai legal history in the English language.... more This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.
In the 21st century, the constitutional and political stability that Thailand has sought seems to... more In the 21st century, the constitutional and political stability that Thailand has sought seems to be harshly convulsed by the occurrence of ‘colour-coded politics’ between the Red and Yellow factions from 2006. The conflict between the two factions resulted in two military coups in 2006 and 2014, which, in turn, led to the revocation of two permanent constitutions (those of 1997 and 2007) and the enactment of two new ones (those of 2007 and 2017) as well as the promulgation of two interim constitutions (those of 2006 and 2014). In this article, we will examine the constitution-making process in 21st-century Thailand based, in particular, on its two contesting sources of legitimization—that is, the conflict between global ideas of constitutionalism and its local alternative: Thai-ness.
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - L... more This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses local financial arrangements in Malaysia. The entry forms part of the LoGov Report on Malaysia....
Pluralism, Transnationalism and Culture in Asian Law, 2017
Malaysian Constitutionalism and the Indigenous Peoples With increasing awareness of, and concern ... more Malaysian Constitutionalism and the Indigenous Peoples With increasing awareness of, and concern about, the legal position of indigenous peoples across the world, there is naturally increasing attention to the ways in which this position is affected by constitutional provisions. These days the concern also embraces the fact that indigenous peoples have their own legal traditions, or forms of “chthonic law” as Patrick Glenn has it.1 John Borrows, for example, in his book Canada's Indigenous Constitution , argues for the inclusion of indigenous law within the recognized legal traditions of Canada, and for this law to be taken seriously on its own terms, as well as protected by the Constitution. Hooker, in his extensive work on the indigenous peoples of East Malaysia (Sabah and Sarawak), was concerned with the adat of these states’ indigenous people. His work explores the nature and the detail of this law as it has been enforced in the courts in Sabah and Sarawak as an aspect of official or formal legal pluralism. The intention in this chapter is not to explore this further or to distil anything of relevance to legal pluralism directly from Hooker's work; it is rather to explore the extent to which it is possible to assert that this pluralism has been constitutionalized — in other words, to inquire into its constitutional status within the Malaysian federation. However, in building on Hooker's extraordinary foundation of knowledge and understanding of adat, we should not ignore, as an aspect of legal pluralism, the relevance here also of how constitutionalism frames, recognizes, embraces or responds not just to the laws but also to the protection of the rights and interests , of indigenous people. The issue of recognition as such of adat, or what in relation to East Malaysia is known as “native law”, is relatively unproblematical, due to the prevailing legal pluralism in the legal systems of Sabah and Sarawak. The issue is therefore how far this recognition of legal pluralism is constitutionalized, and how far federalism, which was designed (in relation to Sabah and Sarawak under the Malaysia Agreement of 1963) to protect the rights of the indigenous people, has succeeded in doing so.
This Constitution Brief provides a basic guide to constitutional courts and the issues that they ... more This Constitution Brief provides a basic guide to constitutional courts and the issues that they raise in constitution-building processes, and is intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar and other transitional states.
Writing an abstract of a short paper on how to write an abstract might be quite dangerous! My gra... more Writing an abstract of a short paper on how to write an abstract might be quite dangerous! My gravamen is - be brief, clear, interesting, and to the point. Do not repeat or conceal. Entice me into reading more.
Hobson Jobson: English is permeable and has absorbed words from many languages by cultural interc... more Hobson Jobson: English is permeable and has absorbed words from many languages by cultural interchange, a legacy of imperialism and globalism.
This is a popular piece enlarging on the curious mixed Anglo-Saxon and French-derived vocabulary ... more This is a popular piece enlarging on the curious mixed Anglo-Saxon and French-derived vocabulary found in English and its class significance. I am told this piece is entertaining and instructive!
This analysis and comment on the Brexit crisis argues that the politics and law of Article 50 of ... more This analysis and comment on the Brexit crisis argues that the politics and law of Article 50 of the Lisbon Treaty and the British Constitution make Brexit a highly complex issue which has not yet been decided. This paper replaces an earlier version which had some technical issues and this version also benefits from comments from Norman Ho, for which I thank Norman very much.
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - L... more This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses intergovernmental relations of local governments in Malaysia. The entry forms part of the LoGov...
This paper considers the fate of ‘new Asian constitutionalism’ in Thailand following the military... more This paper considers the fate of ‘new Asian constitutionalism’ in Thailand following the military coup of 19 September 2006 and the drafting of a new constitution in 2007 (Thailand’s 18th since 1932) and its implementation in 2008. Given the roller-coaster history of constitution-making and coups in Thai history since the overthrow of the absolute monarchy in 1932, the paper considers the trajectory of new Asian constitutionalism in its Thai manifestation, and attempts to provide answer to the question: if Thai constitutions are only ever temporary or provisional, where must we look for fundamental legal norms?
This is the first book to provide a broad coverage of Thai legal history in the English language.... more This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.
In the 21st century, the constitutional and political stability that Thailand has sought seems to... more In the 21st century, the constitutional and political stability that Thailand has sought seems to be harshly convulsed by the occurrence of ‘colour-coded politics’ between the Red and Yellow factions from 2006. The conflict between the two factions resulted in two military coups in 2006 and 2014, which, in turn, led to the revocation of two permanent constitutions (those of 1997 and 2007) and the enactment of two new ones (those of 2007 and 2017) as well as the promulgation of two interim constitutions (those of 2006 and 2014). In this article, we will examine the constitution-making process in 21st-century Thailand based, in particular, on its two contesting sources of legitimization—that is, the conflict between global ideas of constitutionalism and its local alternative: Thai-ness.
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - L... more This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses local financial arrangements in Malaysia. The entry forms part of the LoGov Report on Malaysia....
Pluralism, Transnationalism and Culture in Asian Law, 2017
Malaysian Constitutionalism and the Indigenous Peoples With increasing awareness of, and concern ... more Malaysian Constitutionalism and the Indigenous Peoples With increasing awareness of, and concern about, the legal position of indigenous peoples across the world, there is naturally increasing attention to the ways in which this position is affected by constitutional provisions. These days the concern also embraces the fact that indigenous peoples have their own legal traditions, or forms of “chthonic law” as Patrick Glenn has it.1 John Borrows, for example, in his book Canada's Indigenous Constitution , argues for the inclusion of indigenous law within the recognized legal traditions of Canada, and for this law to be taken seriously on its own terms, as well as protected by the Constitution. Hooker, in his extensive work on the indigenous peoples of East Malaysia (Sabah and Sarawak), was concerned with the adat of these states’ indigenous people. His work explores the nature and the detail of this law as it has been enforced in the courts in Sabah and Sarawak as an aspect of official or formal legal pluralism. The intention in this chapter is not to explore this further or to distil anything of relevance to legal pluralism directly from Hooker's work; it is rather to explore the extent to which it is possible to assert that this pluralism has been constitutionalized — in other words, to inquire into its constitutional status within the Malaysian federation. However, in building on Hooker's extraordinary foundation of knowledge and understanding of adat, we should not ignore, as an aspect of legal pluralism, the relevance here also of how constitutionalism frames, recognizes, embraces or responds not just to the laws but also to the protection of the rights and interests , of indigenous people. The issue of recognition as such of adat, or what in relation to East Malaysia is known as “native law”, is relatively unproblematical, due to the prevailing legal pluralism in the legal systems of Sabah and Sarawak. The issue is therefore how far this recognition of legal pluralism is constitutionalized, and how far federalism, which was designed (in relation to Sabah and Sarawak under the Malaysia Agreement of 1963) to protect the rights of the indigenous people, has succeeded in doing so.
This is chapter 20 of M Crouch and T Lindsey (ed), Law, Society and Transition in Myanmar (Oxford... more This is chapter 20 of M Crouch and T Lindsey (ed), Law, Society and Transition in Myanmar (Oxford, Hart Publishing, 2014). In this chapter I report on the views of participants at a remarkable workshop at NUS in 2013. On the basis of this report I argue for a changed approach to law and development. after 50 years and faced with a new situation in Myanmar we can adopt a more contextual and more informed approach to law and development.
This is chapter 8 of A Harding and M Sidel (ed), Central-Local Relations in Asian Constitutional ... more This is chapter 8 of A Harding and M Sidel (ed), Central-Local Relations in Asian Constitutional Systems, forthcoming with Hart Publishing, Oxford, late 2015. This book is the first of a new series, Constitutional Systems of the World: Thematic Studies (general editors B Berger and G Webber). The series is linked to the country-based series, Constitutional Systems of the World (general editors, A Harding, P Leyland, B Berger): http://www.hartpub.co.uk/SeriesDetails.aspx?SeriesName=Constitutional+Systems+of+the+World
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Drafts by andrew harding
This paper replaces an earlier version which had some technical issues and this version also benefits from comments from Norman Ho, for which I thank Norman very much.
Papers by andrew harding
This paper replaces an earlier version which had some technical issues and this version also benefits from comments from Norman Ho, for which I thank Norman very much.