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The third volume of Constitutionalism in Southeast Asia includes a collection of papers on cross-cutting issues. They may illustrate the variety of topics to be discussed in this fascinating region. Please click on the page numbers in the table of contents to directly access the chosen topic.
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CONSTITUTIONALISM IN SOUTHEAST ASIA Volume 3 Cross-Cutting Issues Copyright © 2009 by Konrad-Adenauer-Stiftung, Singapore Editors Clauspeter Hill Jörg Menzel Publisher Konrad-Adenauer-Stiftung 34 Bukit Pasoh Road Singapore 089848 Tel: +65-6603 6171 Fax: +65-6603 6170 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior consent of the Konrad-Adenauer-Stiftung. Layout and Design Hotfusion 7 Kallang Place #04-02 Singapore 339153 www.hotfusion.com.sg ISBN: 978-981-08-7102-4 CONTENTS Preface 5 Chapter One: Constitutionalism in Southeast Asia Constitutionalism In Southeast Asia: Some Comparative Perspectives Jörg Menzel 9 The ASEAN Charter between National Sovereignty and Regional Constitutionalism Simon S. C. Tay 32 Modern Constitutionalism between Regional and Universal Values Thilo Rensmann 44 Constitutionalism and Emergency Powers Victor V. Ramraj 57 Chapter Two: State Organization Malaysia’s Electoral System Tsun Hang Tey 69 Singapore’s Electoral System Tsun Hang Tey 98 The Role of Cambodia’s Parliament in Current Development Hor Peng 126 A Background of Federalism in Malaysia Johan S. Sabaruddin 135 Decentralization and the Constitutional System of Government in Indonesia Satya Arinanto 157 Chapter Three: Constitutional Protection of Human Rights Women’s rights in Southeast Asia’s Constitutions and their implementation: The start of a long process Katrin Merhof 181 Resolving Conflicts: Approaching Article 121(1A) Malik Imtiaz Sarwar 216 The Cambodian Criminal Procedure Code as a manifestation of the Constitutional promises to Cambodian citizens Gerald Leather 223 The Binding Nature of International Human Rights and Humanitarian Laws in the Philippine Constitution Harry L. Roque Jr. 242 Chapter Four: Various Policies The Lao PDR Constitution and Judicial Reform Somphanh Chanhthalyvong 297 Economic Development and Constitutional Reforms in Vietnam Tran Thanh Huong / Duong Anh Son 311 Constitutionalism and Environmental Protection Jolene Lin 321 About the Authors 335 PREFACE “Every country has its own constitution (...) ours is absolutism moderated by assassination”, a Russian is reported to have said in the 19th century. Nowadays, in most countries, constitutions are considered the basic and supreme laws. They typically are supposed to guarantee rules for the political process and rule of law, and often guarantee individual rights and fundamental policies. Constitutions provide legitimacy to states and to governments and should not just be “nice words on paper”, but real supreme law. A constitutional state is not a state that has a constitution but a state that functions according to a constitution. This might be called constitutionalism and although there may be different versions and significant setbacks, the concept of constitutionalism is on the rise. Southeast Asia is no exception. Nearly all Southeast Asian countries have constitutions and in all of them constitution making or constitutional reform has occurred, or been on the agenda in recent decades. Some Southeast Asian countries have established special Cons