Papers by Andrew J Harding
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...
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Federal Law Review
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Federal Law Review
The rigidity of the 2008 Constitution of the Republic of the Union of Myanmar is rightly notoriou... more The rigidity of the 2008 Constitution of the Republic of the Union of Myanmar is rightly notorious, as this rigidity was proven at least three times through failed attempts at reform. Despite these failed attempts, the military disputed the results of the election held in November 2020, and conflict ostensibly over that issue led to a military coup on 1 February 2021. This coup purported to have been undertaken constitutionally as an ‘emergency’ but was the object of popular rejection. In this article, we focus on the struggle over constitutionalism that had its origins in earlier attempts to achieve democracy. In our focus on the current nature and implication of ‘constitutional struggle’ in Myanmar, we make use of analysis based on factual data collected by the second author, located in Mandalay, one of the epicentres of struggle against the military and their actions following the coup. Our argument is that this ‘praetorian constitutionalism’ in Myanmar absent a pre-agreed pact b...
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Asian Journal of Comparative Law, 2019
Exposure to foreign law is immensely valuable as it expands students’ argumentative and analytica... more Exposure to foreign law is immensely valuable as it expands students’ argumentative and analytical terrain. More pragmatically, there has been a discernable shift towards rule-of-law thinking in furthering regional integration and a flurry of Free Trade Agreements (FTAs) involving Asian countries. Law schools ought to capitalize on this reality. The preferred educational strategy to adopt, we argue, entails systematically integrating foreign law across the traditional components that make up undergraduate curricula. Asian law schools should simultaneously offer general comparative courses that train students in comparative methodology and theory, enabling them to become discerning consumers of and sensible contributors to comparative research, including in the context of domestic law reform. In advocating such mainstreaming of foreign law, we further suggest a broad understanding of this notion as encompassing all rules that do not have their origins in the municipal legal order, in...
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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....
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Zenodo (CERN European Organization for Nuclear Research), Nov 30, 2021
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အကၡ ရာတင္ေရးသားထားသည့္ အေျခခံဥပေဒဟူသည္ ေရြ းေကာက္ပြ မဲ်ားႏွင့္ ဥပေဒျပဳေရး လုပ္ငန္း စဥ္ကဲ့သို႔ ႏုိ... more အကၡ ရာတင္ေရးသားထားသည့္ အေျခခံဥပေဒဟူသည္ ေရြ းေကာက္ပြ မဲ်ားႏွင့္ ဥပေဒျပဳေရး လုပ္ငန္း စဥ္ကဲ့သို႔ ႏုိင္ငံေရးလုပ္ငန္းစဥ္မ်ား၊ ႏိုင္ငံသားမ်ား၏ မူလအခြင့္အေရးမ်ားအေပၚ တိက်ျပီး ဥပေဒအရ စည္းေႏွာင္မႈရွိသည္႔ သက္ေရာက္မႈမ်ားျဖစ္ေပၚေရးကို ေယဘုယ်အားျဖင့္ ရည္ရြယ္၍ ေရးဆြဲထားျခင္း ျဖစ္သည္။ ဤအခ်က္သည္ အျမဲတမ္းေတာ့ မမွန္ကန္ပါ။ ဥပမာအားျဖင့္ တ႐ုတ္ျပည္သူ႔သမၼတႏုိင္ငံ တြင္ အေျခခံဥပေဒပါရပိုင္ခြင့္မ်ားသည္ တရား႐ုံးမ်ား၌ အက်ဳိးသက္ေရာက္ျခင္းမရွိသည္မွာ အမွန္ပင္ ျဖစ္ၿပီး ထုိအေျခခံဥပေဒသည္ (ႏိုင္ငံသားတို႔၏) ဆႏၵအဓိ႒ာန္သက္သက္သာျဖစ္၍ တရားေရးဆိုင္ရာ သက္ေရာက္မႈမရွိေပ။
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The Chinese Journal of Comparative Law, 2019
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.
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Asian Journal of Law and Society, 2018
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Asian Journal of Comparative Law, 2007
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Sharia Incorporated
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Asian Journal of Law and Society, 2022
This article examines the constitutional nature of the Malaysian monarchies in their social conte... more This article examines the constitutional nature of the Malaysian monarchies in their social context. We discuss the evolution of the monarchies through pre-colonial, colonial, and post-colonial history, and account for their survival despite several attempts to curb their powers, including restriction of the royal assent and sovereign immunity. It is argued that the powers of the monarchies respond to their historical role and social embeddedness of the monarchies, stretching the role of the Rulers beyond the Westminster norms as set out in constitutional texts. Moving to contemporary issues, we see the assertion of the right to uphold the Constitution in relation to prime-ministerial appointments, and acting on advice. Here, the monarchies reflect a braiding of both traditional elements and Westminster constitutional norms.
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Asian Journal of Law and Society, 2022
This article examines the constitutional nature of the Malaysian monarchies in their social conte... more This article examines the constitutional nature of the Malaysian monarchies in their social context. We discuss the evolution of the monarchies through pre-colonial, colonial, and post-colonial history, and account for their survival despite several attempts to curb their powers, including restriction of the royal assent and sovereign immunity. It is argued that the powers of the monarchies respond to their historical role and social embeddedness of the monarchies, stretching the role of the Rulers beyond the Westminster norms as set out in constitutional texts. Moving to contemporary issues, we see the assertion of the right to uphold the Constitution in relation to prime-ministerial appointments, and acting on advice. Here, the monarchies reflect a braiding of both traditional elements and Westminster constitutional norms.
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Thai Legal Studies, 2021
In this article we examine radical proposals for political, administrative and fiscal decentralis... more In this article we examine radical proposals for political, administrative and fiscal decentralisation in Thailand which were developed for Chiang Mai as a potential model for Thailand as a whole. They lay emphasis on local self-government and citizen participation. We argue that these proposals offer a way forward for a Thai decentralisation process that has yet to proceed to the extent envisaged when it was commenced in the 1990s as part of democratisation, embraced most notably in the 1997 Constitution. Moreover, this process, we argue, offers a way out of the extreme confrontation between the yellow and red factions that has troubled Thailand since 2005. As Thailand returns to civilian rule after five years of military government, and local and provincial government comes once more to the fore, we argue that the Chiang Mai Metropolitan Administration Bill of 2013 offer more local democracy as well as imaginative ways of recruiting the enthusiasm of local stakeholders in a system...
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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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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.
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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 of...
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Papers by Andrew J Harding