As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indonesia, Malaysia and Sri Lanka, Constitutions, Religion and Politics in Asia demonstrates how constitution-making and the operation of constitutional arrangements involving religion cannot be separated from the broader political dynamics of society. Although constitutions establish legal and political structures of government institutions and provide tools for rights protection, they do not operate in a vacuum divorced from the games of power and the political realities surrounding them. Here, Shah sets out how constitutions operate and evolve and demonstrates how constitutional provisions can produce unintended consequences over time. A vital new source of scholarship for students and scholars of law and religion and comparative constitutional law, and those interested in issues of constitutionalism and legal and political history in Asia.

In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Until the 1990s, secularism was understood largely as exclusion of religion from the public domain. However, in the last two decades, the world has witnessed the return of religion as a medium and subject of national, regional, and global politics. With such a shift, the previously unquestioned Western values of modernity and secularism find themselves at loggerheads with the increasing assertion of religious identity, which results in difference-based conflicts. This antagonism also gives rise to a vibrant, religiously pluralistic civil society and speaks of a post-secular turn in modern Southeast Asian democracies. Secularism, Religion, and Democracy in Southeast Asia tries to understand the rise of religion in modern democracies and how everyday economic, social, and political conditions aid this post-secular phenomenon in Southeast Asia. Setting itself apart from most studies of religion in Southeast Asia through its regional focus, this volume explores the ideas, practices, state responses, and anxieties related to the religious–secular divide in this geopolitical region.

The concept of a secular state is important in many parts of Asia and how this is resolved has important implications for The social, economic and political development of various Asian countries. Unfortunately, problems of the secular state have all along been studied based on the historical experience of state formation in Europe, with little (or no) input from the Asian perspective. This book will for The very first time, present mainly Asian perspectives, while drawing on Western experience as well. Conceptual issues are discussed together with detailed accounts on how different countries and traditions understand and seek to implement the ideas of a secular state.

This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indonesia, Malaysia and Sri Lanka, Constitutions, Religion and Politics in Asia demonstrates how constitution-making and the operation of constitutional arrangements involving religion cannot be separated from the broader political dynamics of society. Although constitutions establish legal and political structures of government institutions and provide tools for rights protection, they do not operate in a vacuum divorced from the games of power and the political realities surrounding them. Here, Shah sets out how constitutions operate and evolve, and demonstrates how constitutional provisions can produce unintended consequences over time. A vital new source of scholarship for students and scholars of law and religion, and comparative constitutional law, and those interested in issues of constitutionalism and legal and political history in Asia.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i