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Constitutional Processes, Constitutional Commitments, and Democratic Change in Asia

(Front Row, L-R): Mr Budhi Karki (International IDEA, Nepal Office), Associate Professor Jaclyn Neo (Director, Centre for Asian Legal Studies, NUS Law), Professor Donald L Horowitz (Duke University School of

Law), Assistant Professor Dian A H Shah (NUS Law), Mrs. Gisela Elsner (Konrad Adenauer Stiftung) & Assistant Professor Jacob Ricks (Singapore Management University)

(Back Row, L-R): Associate Professor Patrick Ziegenhain (President University), Dr Nyi Nyi Kyaw (ISEAS-Yusof

Ishak Institute), Ms Cynthia Liu (Konrad Adenauer Stiftung), Professor Andrew Harding (NUS Law), Dr Ronojoy Sen (ISAS NUS), Dr Mario Gomez (International Centre for Ethnic Studies), Mr Philip Nedelcu (CALS

Visiting Researcher), Eugenie Merieau (CALS Postdoctoral Fellow) & Ryo Nakazawa (CALS Visiting Researcher)

The Centre for Asian Legal Studies (“CALS”) at NUS Law and Konrad Adenauer Stiftung (“KAS”) organised a workshop on “Constitutional Processes, Constitutional Commitments, and Democratic Change in Asia” on 28 February 2020, convened by Assistant Professor Dian A H Shah. This Workshop sought to explore two overarching themes that correspond to two separate but interrelated projects: ‘Constitutional Processes and Democratic Commitment’ and ‘Constitutional Integrity and Political Change in Asia’. The first – which centers on the issue of constitutional processes – assesses the characteristics of constitution-making processes that could produce greater commitment to democratic

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institutions. In particular, the Workshop discussed the importance of inclusion of all social groups, deliberative process, as well as generating consensus and compromise in constitution-making. It did so by evaluating evidence both from processes that were structured to maximize these attributes and from those that were not. The second theme focused on the challenges against constitutional commitments – challenges that breach or threaten to breach the norms of constitutional democracy – following political change and democratization. To that end, the Workshop considered how such challenges might emerge – including the structural and political forces that drive them – and how constitutional institutions respond to those challenges. By paying special attention to evidence from societies that are divided along politically salient identity-markers such as ethnicity, race, religion, or language, these themes and questions will provoke a wide-ranging examination of the dynamics between constitutional durability and democratic stability, particularly in the context of Asia’s divided societies.

Associate Professor Jaclyn Neo (Director, Centre for Asian Legal Studies, NUS Law) gave her welcome remarks, followed by introductory presentations by Assistant Professor Dian A H Shah (NUS Law) on

“Constitutional Integrity and Political Change in Asia” and Professor Donald L Horowitz (Duke University School of Law) on “Constitutional Processes and Democratic Commitment”

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Participants seated in Lee Sheridan Conference Room, NUS Law

Zoom session with Professor Chang Wen-Chen (Dean, National Chiao-Tung University)

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Professor Andrew Harding (NUS Law) providing his commentary on papers discussed at the Workshop.

Assistant Professor Jacob Ricks (Singapore Management University) discussing the papers presented at the Workshop.

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Mr Budhi Karki (International IDEA, Nepal Office) giving his comments.

Zoom session with Associate Professor Melissa Crouch (University of New South Wales)

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Dr Mario Gomez (International Centre for Ethnic Studies) discussing his ideas with Mr Budhi Karki.

Mrs Gisela Elsner (Director of the Rule of Law in Asia Programme, Konrad Adenauer Stiftung) providing closing remarks on behalf of KAS.

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Assistant Professor Dian A H Shah (NUS Law) giving her concluding reflections.