Constitutionalism In Southeast Asia. Volume 1. National Constitutions / Asean Charter

Clauspeter Hill / Jörg Menzel Volume 1 National Constitutions / ASEAN Charter CONSTITUTIONALISM IN SOUTHEAST ASIA Konrad-Adenauer-Stiftung Singapore Clauspeter Hill / Jörg Menzel CONSTITUTIONALISM IN SOUTHEAST ASIA Volume 1 National Constitutions / ASEAN Charter Copyright © 2009 by Konrad-Adenauer-Stiftung, Singapore Re-print of January 2010 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 978-981-08-0243-1 CONTENTS Preface 5 Brunei 7 Cambodia 33 East Timor 53 Indonesia 81 Laos 93 Malaysia 109 Myanmar 255 Philippines 317 Singapore 353 Thailand 411 Vietnam 479 ASEAN Charter 501 PREFACE 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 Constitutional Courts and Councils. The process of constitutionalization is even visible at a regional level. Southeast Asian states have agreed on a Charter for the Association of Southeast Asian Nations (ASEAN). They have not only started a process which may lead to what is called regional constitutionalization, but have also stipulated “adherence to the rule of law, good governance, the principles of democracy and constitutional government” as principles to be followed by all member states (Article 2 [2g] ASEAN Charter). Consitutionalism clearly is a Southeast Asian agenda item. This three volume publication includes the constitutional documents of all countries in Southeast Asia as at December 2007, as well as the ASEAN Charter (Vol. I), reports on the national constitutions (Vol. II), and a collection of papers on cross-cutting issues (Vol. III) which were mostly presented at a conference at the end of March 2008. Some of the constitutions have until now not been publicly avai