Tag: <span>Eugenie Merieau</span>
RELIGION AND (IL)LIBERAL CONSTITUTIONALISM IN ASIA
Asia is a fascinating laboratory of challenging interactions between religion and constitutional law, either in liberal or non-liberal settings. This panel examines how, in several Asian jurisdictions, Buddhism, Islam and Christianity are being mobilized, invoked and understood by various actors including constitutional courts and commissions – and the effects on the general state of (il)...
Lese-Majeste and Sacred Kingship in Southeast Asia
In the works of 18th century comparative constitutional lawyer Montesquieu, the existence and use of lese-majeste laws was the ultimate marker of “oriental despotism“. Today, lese-majeste laws remain in use in various Southeast Asian countries to protect sacred monarchs, most prominently so in Thailand, but also in Brunei or Malaysia – and it was recently...
The Theory of the Dual State Revisited : Dual Constitutionalism in Thailand, Turkey and Pakistan
In Ernst Fraenkel‘s account, the Dual State is characterized by two relatively autonomous spheres: the normative and the prerogative one (or what some have called the “deep state“). In the prerogative State, the State acts with discretion and its actions are not subject to judicial review. Most constitutions are characterized by coexisting liberal and authoritarian...