Research at public policy schools in the Asia‐Pacific region ranked

This article presents the first-ever ranking of public policy schools in the Asia-Pacific region based on their research publication output. We used Scopus as our bibliographic database to assess the publication output of 45 schools between 2014 and 2018, based on affiliations listed on the publications rather than current faculty. The results show substantial variation in terms of research output; elite research schools are located in China, Australia, and Singapore. Ranking by total citations, three schools stand out—the Crawford School of Public Policy at the Australian National University, the Lee Kuan Yew School at the National University of Singapore, and the School of Public Policy & Management at Tsinghua University in China. Ranking by impact factor shows that the School of Government at Peking University and the Melbourne School of Government at Melbourne University are the two top-ranked schools, but because of their relatively small research output in this period, their true rank is very uncertain

Megapolitical Cases before the Constitutional Court of Indonesia since 2004: An Empirical Study

The Constitutional Court of Indonesia is considered one of Asia’s most activist courts. Here we investigate empirically possible determinants of the decisions of its judges over the period 2003–18. The findings are based on a unique data set of 80 high-profile political cases, complemented by data on the socio-biographic profiles of 26 judges who served during that period. Testing for common perceptions of the Constitutional Court since its inception, we first describe patterns in judicial decision-making across time and court composition before testing specifically for the impact of the judges’ professional backgrounds, presidential administrations, the influence of the Chief Justice, and cohort behaviour. The analysis finds declining dissent among justices on the bench over time and also provides evidence of strategic behaviour of justices at the ending of their own terms. But there is little statistical evidence that judicial behaviour has been affected by work background (except for those coming from the executive branch), appointment track or generation – hence suggesting that justices seem to retain more independence than the public seems to perceive. We then discuss the results in the context of Indonesia’s evolving constitutional democracy and look at the implications for comparative studies of judicial behaviour

Thailand's Traditional Trinity and the Rule of Law: Can They Coexist?

Thailand has seen considerable progress in the rule of law since the seminal 1997 constitution. Yet persistent political instability suggests that as yet the country does not think of the rule of law as binding. What is likely to happen in Thailand with the rule of law, and with governance generally? The argument advanced here is that rule of law principles must contend with the realisation that the traditional Thai trinity–nation, religion and king–has become an inviolable state ideology. Political actors, often aligned with the monarchy, have been using each element of the trinity to undermine both rule of law principles and democratic institutions. Now that long-serving monarch King Bhumibol (Rama IX) has been succeeded by his son King Varijalongkorn, it seems an appropriate time to examine current battles about the meaning of the rule of law and broader struggles for control between elites and popular groups based on competing visions for the state–a problem not only in Thailand but in the region as a whole.The research for this paper was supported by an Australian Research Council, Discovery Early Career Research Award (DE130101706)

The Judicialization of Politics in Asia

As judicial review has expanded in Asia during the last quarter century, new studies have emerged that seek to move beyond the traditional scholarly approach to the region to draw attention to judicial review from a more political perspective. Surveying this literature, this article addresses three central questions that have recently arisen: (1) What is driving countries in the region to adopt judicial review? (2) Under what conditions do courts exert these new powers assertively-and successfully? (3) Now that they are empowered, how do judges decide cases as they do, and what forces, other than an independent judgement on how the law applies to the facts before the court, are likely to influence their decisions? Arguing that the region poses considerable challenges to current models, the article also draws attention to recent scholarly analyses of the informal dynamics of judicial politics, some of which take a distinct relational approach that seems well suited to a better understanding of how judicial review operates in this diverse, dynamic, region.

Constitutions, Crisis and Regime Change: Perspectives on East and Southeast Asia

What happens to liberal democratic constitutions during a severe financial crisis? How does such an event affect their nature, their practice, and their enforcement, particularly where such constitutions are relatively new? In this chapter, I seek answers to these questions through empirical analysis of the experience of the states in Southeast and East Asia over the last quarter century (1990-2013), eliciting both quantitative and well-rooted qualitative evidence

Governance and the Rule of Law: Reflections on Tensions in Thailand

Thailand has seen considerable progress in the rule of law over the last decade. The 1997 Constitution is seen by many as a watershed event in Thai constitutional history. Yet ongoing political instability suggests that political actors have not yet adopted the rule of law as a binding principle. Why has the rule of law been persistently weak in Thailand? What is likely to happen with the rule of law, and with governance, in the future? The basic argument advanced here is that rule of law principles must contend with major challenges because the traditional Thai trinity of nation, religion, and king have become an inviolable state ideology. Political actors aligned with the monarchy have used each element of the trinity to undermine both rule of law principles and democratic institutions. Exploring the contemporary situation through the tension between the traditional trinity and the rule of law, this paper seeks both to illuminate current battles over the meaning of the rule of law and to evaluate the chances that the rule of law can ultimately become the basis for resolving political contestation

Politics and the Federal Court of Malaysia, 1960-2018: An Empirical Investigation

Since its inception in 1957, Malaysia's Federal Court (FC) has often been embroiled in high-profile decisions that have dramatically shaped the rule of law and constitutional practice in Malaysia. Recent political change has renewed hope that the FC can reassert its early role as an independent and impartial arbiter of political conflict. This paper investigates determinants of the FC's behaviour since 1960. It draws on a unique data set of 102 major political cases and socio-biographic profiles of the 73 judges who voted in these cases. After describing patterns of court decisions across time and judges, we test specifically for the impact on their decisions of the 1988 judicial crisis, length of time on the bench, the terms of successive prime ministers, and judges' personal attributes, such as religion and ethnicity. Ethnicity, appointment after 1988, and the appointing prime minister proved to be closely associated with the direction of voting. We then position the results in the context of Malaysia's evolving constitutional democracy and discuss their implications for students of comparative judicial politics.This work was supported by an Australian Research Council Discovery Early Career Researcher Award (DE130101706), as well as by the “Supporting the Rules-Based Order in Southeast Asia project” of the Australian National University, funded by the Australian Department of Foreign Affairs and Trade

Introduction: From Aquino II to Duterte: Change, Continuity - and Rupture

The Duterte administration is often considered a rupture in Philippines' politics. Yet, how different is Duterte's programme of change from the past governments, particularly from its predecessor, the Aquino II administration? Is there a shift in regime orientation and policy preferences from Aquino II to Duterte? What will this mean to the future direction of Philippine democracy, its economic development, peace and security, and relations with other countries? This volume focuses on four critical areas-politics and governance; economic governance; Mindanao peace process; and international relations-to illustrate continuities or discontinuities in policies and governance of institutions to explain the dynamics of change in the Philippines. It pays particular attention to the crucial period between Aquino II and the early years of Duterte. The reason is that Aquino II represents an important period for rebuilding and consolidating institutions of governance and accountability after two previous tumultuous administrations. Yet Aquino II also demonstrates the inherent flaws of Philippine democracy and unravels the contradictory forces vying for state power that sets the scene for Duterte's rise. Reflecting on the crucial transition period between the two presidencies, while also providing a much-needed update on the most noteworthy policy changes since Duterte's inauguration, the book fills an important scholarly gap in understanding Asia's oldest and most puzzling democracy

Contesting constitutionalism: constitutional politics in Southeast 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