DDRO 22A04 - Constitutionalism authoritarianism and Democracy in South East Asia

The difference between adopting a constitution and genuine constitutionalism lies in the lack of effective protection of human rights and separation of powers. Most recent constitution-making processes, however, often result in seemingly democratic constitutions, providing, at least nominally, for the effective protection of human rights and separation of powers; yet, these provisions do not translate into democratic institutions; they can even entrench authoritarian rule. Southeast Asian countries are a blatant example of this discrepancy between sophisticated formal constitutionalism and the actual exercise of State power. This course aims at providing an introduction to the concept of constitutionalism and its relation to democratization as applied in Southeast Asia by analyzing the constitutional framework of the 11 Southeast Asian countries (Laos, Thailand, Indonesia, Burma, Indonesia, Malaysia, Singapore, Vietnam, Cambodia, Brunei, the Philippines and East Timor) and the impact on politics and society of Southeast Asia. Currently, Southeast Asia has three presidential systems (Indonesia, the Philippines and East Timor), two constitutional monarchies (Cambodia and Malaysia), two socialist and one capitalist one-party systems (Vietnam, Laos, and Singapore), two hybrid military dictatorships (Myanmar and Thailand), and an absolute monarchy (Brunei). All countries have adopted constitutions, yet most of them fail both to protect human rights and to provide for checks and balances. Southeast Asia is one of the most authoritarian regions of the world, albeit with very sophisticated constitutions. Political and legal developments in this region challenge widely held assumptions regarding the relationship between democracy and constitutionalism. - Does the development of constitutional discourses and practices necessarily translate into more democracy? - Do authoritarian States necessarily tend to transition toward the ideal of democracy? - Can liberalism be removed from the equation linking constitutionalism to democracy? - Is there anything specifically “Asian” in Southeast Asian constitutions? - Is Southeast Asian constitutionalism based on some specific “Asian values” that reflect specific views of democracy ? The course will use various tools offered by the social sciences to study the legal framework of Southeast Asian countries.

Eugénie MERIEAU

Séminaire

English

Autumn 2021-2022

Oral presentation (30%): Oral presentations are at the heart of Sciences Po's methodology. This exercise consists in presenting a topic during a 10-minute oral presentation. During the first session, students will choose a topic within this syllabus. The day before class, each student should send the outline to the lecturer by email. The presentation's outline should include: a complete introduction and conclusion, the main points and sub-points of the argumentation, and, last but not least, a bibliography. Reading presentation (30%): Students (working in pairs) will introduce the assigned reading to other members of the class and launch a class debate. This 5-minute presentation must summarize the key points in the text and raise one or two core questions prompting discussion. Essay (40%): The written assignment is a 4,000- to 5,000- word essay on a topic chosen by students. It must be submitted to the lecturer on the last day of class.

By the end of the class, students should be able to question their assumptions about constitutionalism and democratization/autocratization and engage in an informed debate about democratization through constitution-making, using examples from Southeast Asia.