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3 - Writing the constitution

Published online by Cambridge University Press:  09 October 2009

Graham Hassall
Affiliation:
Landegg International University, Switzerland
Cheryl Saunders
Affiliation:
University of Melbourne
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Summary

If we focus our attention on the post-independence history of most ex-colonial countries we see that democracy, which is planted with a great expectation to bloom to fruition as it would after the manner of the mother countries, has failed to fulfil the wishes of its founding fathers. There are, of course, many reasons for this failure but one thing is clear - that justice and democratic values can only be maintained if there is a spirit of general consensus and tolerance amongst the populace.

The previous chapter detailed how almost every state in the Asia–Pacific region was subject to colonisation by a European power. In the second half of the twentieth century the vast majority of these colonies engaged in constitutional dialogue, most anticipating nothing less than joining the community of nations as sovereign, independent states. For others, the dialogue led to an act of self-determination which offered the people a choice of constitutional alternatives, from sovereign independence to forms of association within an existing political and constitutional order.

Following independence (or, in other places, during negotiations toward self-determination), laws - determining citizenship, land ownership, chiefly status and representation in the state, the structure of government, political organisation, electoral representation, freedom of speech, religion, custom, and human rights - were drafted to please departing European powers and were agreed to by signatories prepared to assent to most constitutional provisions in order to facilitate the speedy demise of colonial rule.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • Writing the constitution
  • Graham Hassall, Landegg International University, Switzerland, Cheryl Saunders, University of Melbourne
  • Book: Asia-Pacific Constitutional Systems
  • Online publication: 09 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549960.005
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  • Writing the constitution
  • Graham Hassall, Landegg International University, Switzerland, Cheryl Saunders, University of Melbourne
  • Book: Asia-Pacific Constitutional Systems
  • Online publication: 09 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549960.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Writing the constitution
  • Graham Hassall, Landegg International University, Switzerland, Cheryl Saunders, University of Melbourne
  • Book: Asia-Pacific Constitutional Systems
  • Online publication: 09 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511549960.005
Available formats
×