Andrew Harding - Central-Local Relations in Asian Constitutional Systems

CENTRAL-LOCAL RELATIONS IN ASIAN
CONSTITUTIONAL SYSTEMS

This book examines territorial governance in Asia in the context of central-local relations. In an era of attempts to deal with issues such as decentralisation, conflict involving ethnic and religious enclaves, and demands for regional autonomy, it is timely to examine central-local relations from a pan-Asian perspective, assessing the attempts in a range of different systems, federal and unitary, to re-order constitutional structures for territorial governance, including local government. The book looks at the constitutional systems for organising central-local relations of this kind, and attempts to draw conclusions from contemporary experiences.

Central-local Relations
in Asian Constitutional
Systems

Andrew Harding and Mark Sidel

OXFORD AND PORTLAND, OREGON
2015

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Andrew Harding and Mark Sidel 2015

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This book examines territorial governance in Asia in the context of central-local relations, and the impact of constitutions, constitution-making, and constitutional practice and politics on those issues of territorial governance within a number of states in North-East and South-East Asia. In their excellent book on constitutionalism in Eastern and Southern Africa, Hatchard, Ndulo and Slinn offer us a perspective on the issue of devolution of power to local communities that is entirely applicable, in our view, to the countries studied in this book:

In answer to the demands for greater self-determination and influence in decision-making, many countries worldwide are devolving political, fiscal, and administrative powers to sub-national tiers of government. This trend can be seen in countries with a long tradition of centralist government, as well as in federalist systems, and in developing as well as industrialised countries.

They also point out that the independence constitutions of these African states did not provide for elected governments accessible to the people at the local level. Central-local relations have indeed been neglected to a large extent in constitution-making in Asia, as well as in Africa. Therefore, attempts to devolve power and entrench that devolved power constitutionally, to guarantee local autonomy and police the boundaries of power, are fraught with constitutional obstacles. As nations throughout Asia seek to deal with such complex and conflict-laden issues as decentralisation in the interests of efficiency and accountability, the creation of ethnic and religious enclaves, and responding to demands for regional autonomy, it is timely to examine central-local relations from an Asian perspective, assessing the attempts to re-order constitutional structures for effective and accountable territorial governance and local government.

This book will look at the constitutional systems for organising central-local relations, and attempt to draw conclusions from contemporary experiences in Asia. In the introductory essay by the editors, we draw together some of the many strands discussed in the chapters of this book and in the dialogue between the chapter authors and other participants at a workshop organised by the Centre for Asian Legal Studies at the National University The introductory essay will provide some theoretical structure for the ensuing chapters, and draw some lessons for constitutional theory arising from the Asian examples discussed in this volume.

At the same time, Hatchard, Ndulo and Slinn s warning, What framework the devolution of power takes in individual states depends on the political and economic conditions that prevail,) discusses local government as an aspect of the federal system, rather than federalism as such in central-local relations. Having said this, it is of course also true that many of the issues that arise in federal systems are also discussed here, such as constitutional design, division of powers and revenue, and modes of dispute resolution.

We take this opportunity to thank the Centre for Asian Legal Studies for funding, and Regana Mydin for organising, the workshop in Singapore; the various participants in the workshop for their helpful insights; Benjamin L Berger and Gregoire Webber for their highly insightful and helpful comments on the draft manuscript as well as their encouragement; and the staff of Hart Publishing for their careful and highly professional attention to the production of this book.

Andrew Harding and Mark Sidel

J Hatchard, M Ndulo and P Slinn, Comparative Constitutionalism and Good Governance in the Commonwealth: An Eastern and Southern African Perspective (Cambridge, Cambridge University Press, 2004).

Ibid, 184.

on Vietnam, by Bui Ngoc Son, was completed after the workshop.

Hatchard, Ndulo and Slinn, above n 1, 185.

Contents

Andrew Harding and Mark Sidel

Zhang Qianfan

Jiunn-rong Yeh

Bui Ngoc Son

Simon Butt

Melissa Crouch

Shigenori Matsui

Andrew Harding

Simon Butt is Associate Professor of Law and Associate Director of the Centre for Asian and Pacific Law at the University of Sydney.

Melissa Crouch is Lecturer of the Law Faculty, University of New South Wales, Australia.

Andrew Harding is Professor of Law and Director of the Centre for Asian Legal Studies and of the Asian Law Institute at the National University of Singapore.

Shigenori Matsui is Professor of Law, Director, Japanese Legal Studies, and Acting Director, Korean Legal Studies, at the Allard School of Law at the University of British Columbia.

Mark Sidel is Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison and Consultant for Asia at the International Center for Not-for-Profit Law (ICNL).

Bui Ngoc Son is a Research Fellow at the Centre for Asian Legal Studies, National University of Singapore Faculty of Law.

Jiunn-rong Yeh is University Chair Professor at the National Taiwan University College of Law and Director of the Policy and Law Center for Environmental Sustainability at the College of Law.