名古屋大学法政国際教育協力研究センター

 

Date/ Time

January 25, 2020 (Saturday) 13:30-16:301

January 26, 2020 (Sunday)  10:00-16:40

Venue:            

Asian Community Forum, Asian Legal Exchange Plaza (2F), Nagoya University

Organized by

Nagoya University Graduate School of Law and Center for Asian Legal Exchange (CALE)

Funded by

JSPS Core-to-Core Program: Asia-Africa Science Platforms “Advancing Research in Asian Constitutionalism – Establishing a Transnational Research Network to Promote Human Rights and Legal System”

Language

English / Japanese (simultaneous interpretation available)

 

 

There is a notion that Asian constitutionalism is a unique product which had emerged in the historical context contrasting from western constitutionalism. Such aspect seems to have added contents different from the western thought to the meaning of the state formation and the constitution making in the Asian region. Simultaneously, Asian constitutionalism can be viewed as complex phenomenon which is differently conceptualized even within Asia. Indeed, some scholars assert that Asian region represents a hybrid mixture of constitutional cultures with various elements. As an example, in the after-war period, the Japanese constitution was drafted with a view to limit the power of emperor and military. This subsequently gave rise to the development of Japanese individual pacifist constitutionalism. Other Asian states reflected in their constitutions the principle of strong rule by a single national leader aimed at achieving developmental goals. Eventually, certain Asian jurisdictions maintain in their constitutions a principle of democratic centralism which is rooted in the socialist legal theory. Such multifaceted theoretical background raises a scholarly interest and necessitates an individual approach to analyze the constitutional identity of jurisdictions in Asia and conceptualize their legal philosophies. In line with such objective, we will look at the historical constitutional foundations in Asia and discuss how constitutional ideas had evolved in the context of Asian diversity. This will include examples from advanced Asian jurisdictions such as Korea, Singapore or Japan and select transition states in the ASEAN, and Eurasian region. It is expected that historical reference will enable participants to understand the specifics of constitutional identity and, additionally to clarify, namely, who the local constitutions were designed to control to? By focusing on their concrete research topics, the speakers will also point to the factors affecting constitutional development and direction of the constitutionalism in each state.

Program
January 25, 2020 (Saturday)

13:00

Registration

13:30-13:45

Opening Remarks

Akira Fujimoto (Director/ Professor, Center for Asian Legal Exchange, Nagoya University)

Introduction of the symposium

Fumito Sato (Vice-Director/ Professor, Center for Asian Legal Exchange, Nagoya University)

13:50-16:30
Session 1 “Similar and Diverse Scenarios in Asian Constitutional Evolution”
Moderator:  TBD

13:50-14:10

Cases from Japan

Hiroaki Kawabata (Professor, School of Japanese Studies, Aichi Prefectural University, Japan)

14:10-14:30

Cases from Korea

Jang Min-young (Research Fellow, Korea Legislation Research Institute)

14:30-14:50

Cases from Singapore

Thio Li-ann (Professor, Faculty of Law, National University of Singapore)

14:50-15:10

World trends

TBD

15:10-15:25

Coffee break

15:25-16:30

Q & A/ Discussions

17:00-18:30

Reception Dinner

January 26, 2020 (Sunday)

Session 2 “Constitutionalism in ASEAN Region”
10:00-12:30 
Moderator TBD

10:00-10:20

ASEAN trends

Melissa Crouch (Associate Professor, Law School, University of New South Wales, Australia)

10:20-10:40

Cases from Indonesia

Feri Amsari (Lecturer, Faculty of Law, Andalas University, Indonesia)

10:40-11:00

Cases from Vietnam

To Van Hoa (Head, Constitution and Administrative Law Department, Hanoi Law University, Vietnam)

11:00-11:20

Cases from Myanmar

Khin Khin Oo (Professor, Department of Law, University of Yangon, Myanmar)

11:20-11:35

Coffee break

11:35-12:30

Q & A/ Discussions

12:30-14:00

Lunch Break

14:00-16:30                                                                              
Session 3 “Constitutionalism in Eurasian Transitional Countries”
Moderator:   TBD

14:00-14:20

Former USSR trends

William Partlett (Associate Professor, Faculty of Law, The University of Melbourne, Australia)

14:20-14:40

Cases from Russia

Anna Gritsenko (Associate Professor, Saint-Petersburg State University, Russia)

14:40-15:00

Cases from Uzbekistan

Aziz Ismatov (Assistant Professor, Center for Asian Legal Exchange, Nagoya University, Japan)

15:00-15:20

Cases from Mongolia

Gangabaatar Dashbalbar (Professor, School of Law, National University of Mongolia)

15:20-15:35

Coffee break

15:35-16:30

Q & A/ Discussions

Commentator: Herbert Küpper (Director/ Professor, Institute for East European Law Munich, Germany)

16:30-16:40

Closing

TBD

Contact Us

Center for Asian Legal Exchange (CALE) , Nagoya University 
Nagoya University Furo-cho, Chikusa-ku, Nagoya, 4648601, Japan
TEL:052-789-2325/4263 FAX:052-789-4902
E-mail:cale-jimu@law.nagoya-u.ac.jp