General Architecture

The main purpose of this section is to map the constitutional landscape of ASEAN on a Member by Member basis—providing a crucial piece in the understanding of the potential and constraints to the role of law and the rule of law.

1. Concept Paper— The Role of Member State Jurisdictions in Enhancing the Rule of Law
(Joseph Weiler)

Author's profile: Joseph Weiler

2. Country Reports based on an ASEAN ITL Template

Each ASEAN member state study covers the issues in the following template:

1. Each paper begins with an introduction to the state’s constitutional system and legal culture to set the context for analysis and discussion.
2. Additionally, the examination of certain issues is included in the paper. For example:
   1. What is the status of the courts in the ASEAN member state?
   2. To what extent does the executive obey judicial decisions
   3. What is the general constitutional structure of the state?
   4. How are treaties implemented? (3–4 important aspects)
   5. What is the status of self-executing agreements?
   6. What are the consequences of any treaty violation?
3. The authors also discuss what ought to have been or what will be in the future.
4. For the purposes of this analysis, international agreements are not categorised by subject, but by their nature and character. Treaties that have impacts on individuals are also emphasised. Economic agreements, which have been observed to be the 'snow plough' paving the way for regional integration are particularly considered.
5. Each paper sets out procedures and standards for the courts to judge certain cases on the basis of constitutional provisions. These may be future reference to judges who can use them to make landmark decisions.
6. The authors also provide options that allow governments to avoid state-to-state litigation and to depoliticise the implementation of ASEAN commitments by providing a domestic option for implementation through empowering individuals to challenge their own administrations.
7. The authors frame violations as problems of administration and existing systemic problems.
8. Furthermore, an approach to encourage implementation could be to incorporate a provision in future treaties that if an agreement is not brought into force by member states within 18 months, the treaty will then take direct effect.
9. Member states could sign a new ASEAN agreement to give ASEAN law precedence. Some investigators also explore how their states’ position and work on this matter is progressing, especially by taking into account the work of an ASEAN Working Group on this issue.
10. The authors also provide detailed description, analysis and evaluation of the following three 'case studies':
    1. What was the process - administrative, legislative and/or otherwise whereby the financial contribution of each member state to ASEAN was deliberated (if it was) and approved?
    2. ASEAN has approved a protocol on Privileges and Immunities. How is this to be, if at all, introduced into domestic law? By legislation, decree or any other method? What will the status of the Protocol be in Domestic Law?
    3. ASEAN has set up an Intergovernmental Commission on Human Rights. The authors describe in as much detail as possible the procedure for appointing the representative for their respective countries.

Executive summary - Brunei study
Executive summary - Cambodia study
Executive summary - Indonesia study
Executive summary - Laos study
Executive summary - Malaysia study
Executive summary - Myanmar study
Executive summary - Philippines study
Executive summary - Singapore study
Executive summary - Thailand study
Executive summary - Vietnam study