Constitutional Developments in Southeast Asia
This panel explores contemporary constitutional and democratic developments in South East Asia, with a particular focus upon Malaysia and Indonesia. Where the former is concerned, Shukri Shahizam and Tan Kian Leong discuss the ongoing debate in Malaysian constitutional law over the existence of the basic structure doctrine, and the ramifications for the balance of power between a democratically-elected Parliament and the judiciary viz article 121(1) of the Malaysian Constitution. Relatedly, Stephanie Chng explores the same debate through the lens of legal theory and considers whether the jurisprudential position of proponents or opponents of the basic structure doctrine better coheres with the Malaysian constitutional makeup. Offering insights from Indonesia, Stefanus Hendrianto discusses his current project, ‘Tocqueville in Indonesia‘, on how the ongoing upheaval of the familial, economic, and religious institutions have contributed to a corrosion of the country‘s democracy.