In 2012, Hart Publishing released three titles in its new series, Constitutional Systems of the World: The Constitution of China by Qianfan Zhang, The Constitution of Indonesia by Simon Butt and Tim Lindsey and The Constitution of Malaysia by Andrew Harding. According to the publisher, the series seeks to enable the reader to “understand the true context, purposes, interpretation, and incidents of a constitutional system” by providing “both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country”. The series, at least as measured by these three titles, succeeds in this ambition by offering a convenient guide to the principal constitutional features of each country. Unlike many cumbersome constitutional law texts, the books average 250 pages and provide an accessible and well-organised account of the constitutional settlement and its development over time. Each title is organised in a similar manner, beginning with a historical view of the contemporary constitutional arrangements that leads to a discussion of the main institutional features of the constitutional framework and finishes with an in-depth exploration of select constitutional human rights protections through a study of judicial decision-making interpreting and applying those provisions. The studies provide not only a first rate overview of the constitutional system in each country (along with extensive references following each chapter to aid the reader who wishes to engage in further study), they also provide a valuable lesson for constitutional comparativists in a collective sense by revealing the dynamic character of constitutions that are best understood within their historical, economic and social context. Series editors Peter Leyland and Andrew Harding (general editors) and Benjamin L. Berger and Grégoire Webber (associate editors) must be commended for their selection of scholars who have written in an engaging narrative style, making each work both accessible and enjoyable to read as a constitutional odyssey.

In The Constitution of China, one of only a few English language books on the Chinese legal system, Qianfan Zhang provides a glimpse into the constitutional order of a rapidly changing society. The text begins by setting out what the author describes as the first organised constitutional movement in modern China, being a gathering in 1895 of more than a thousand Confucian scholars who petitioned the Emperor to reject the Treaty of Shimonoseki with Japan. While the scholars’ petition failed, their gathering sparked a civic constitutional movement across China. From this starting point, the author takes the reader through the constitutional history of China from the ancient regime (explaining cultural traditions such as the Confucian conception of li as a series of propriety norms comparable to a higher law), to the failed nineteenth-century constitutional reforms under Western influence and to the first republic (1912–49). Following the conclusion of the Chinese Civil War and the establishment of the second republic by the Chinese Communist Party (CCP), the political and ideological development of the socialist regime and the 1978 legal reforms, particularly economic reforms, played a significant role in shaping the 1982 Constitution. The remainder of the book focuses on the 1982 Constitution as the contemporary constitutional settlement by reviewing the basic institutional structure of the state and a series of constitutional amendments that facilitated the development of the Chinese market economy in 1988, 1993 and 1999 (ch. 2). Constitutional amendments in 2004 introduced new human rights protections and legal guarantees in relation to private property. The following chapters of the book consider relations between central and local governments and the top-down control of the CCP (ch. 3), the role of the National and Local People's Congresses (ch. 4) and the role and function of the central government including the Central Military Commission (ch. 5). The judicial interpretation and application of constitutional rights to life, liberty, property and equality are considered along with “still dormant” political and religious rights (chs. 7 and 8). A fascinating analysis of the Chinese judicial system (ch. 6) concludes that despite the potential for CCP intervention in the judicial process, the efforts of the Chinese legal community have encouraged a gradual progression toward the rule of law. The book concludes by considering future constitutional developments in China and highlighting challenges that must be overcome before the country “becomes a true people's republic”.

In The Constitution of Indonesia, Simon Butt and Tim Lindsey examine the constitutional framework of Indonesia, which was radically transformed from a skeletal document exploited by powerful military regimes over several decades to the foundation of a liberal democratic system based on human rights and the separation of powers. The book begins by setting out the context surrounding Indonesia's 1945 Constitution, which was hastily drafted by nationalists in the aftermath of World War II to fend off reclamation of the Dutch East Indies by the Netherlands. Although described by its framers as provisional, the 1945 Constitution remained in force until a series of constitutional amendments, beginning in 1999, ushered in a new constitutional era (except for the period from 1949–59). While the authors point out that the amended Constitution is “still a long way from being satisfactory”, the contemporary constitutional settlement reflects a social desire for a liberal democracy that values human rights. The authors then take the reader through the key institutional arrangements prescribed by the Constitution, including the presidency (ch. 2), the national legislatures (ch. 3), the judicial system (ch. 4) and the regional governments (ch. 6). The book focuses an entire chapter on one of the most significant developments in Indonesia's constitutional development: the creation of the Constitutional Court, which became operational in 2003 (ch. 5). The authors credit the judges of the Constitutional Court with developing a new model of independent judicial decision-making, which has promoted a rights discourse but has also contributed to tension between the judiciary and the national legislature. This tension is illustrated through a detailed study of several constitutional cases and the legislative responses that they prompted. In the chapters that follow, the authors survey select constitutional human rights protections and explore the creative judgments of the Constitutional Court in interpreting and applying those provisions.

In the Constitution of Malaysia, Andrew Harding presents a case study of the constitutional dynamics of Malaysia. The book begins by highlighting the diversity of the Malaysian population in terms of its ethnic, religious and linguistic composition, which has made the preservation of order and stability the highest priority of the ruling party that has held power since the time of independence in 1957. The need to create a strong sense of national unity to overcome sectarian division is reinforced by Malaysia's patchwork history in having joined together the four Federated Malay States with the five Unfederated Malay States, along with Sabah, Sarawak and Singapore (later expelled from Malaysia). Malaysia continues to operate under the Constitution drafted in 1957 by Commonwealth jurists, although the governing coalition has significantly altered the constitutional framework by utilising its legislative strength to amend the Constitution, making over 600 textual changes since it was first promulgated (though the government lost its two-thirds legislative majority required for constitutional amendment in the 2008 general election, a result repeated in the 2013 general election). Despite extensive constitutional amendments and the government's use of emergency and national security schemes to limit individual freedoms and political opposition, the author observes that Malaysia is unique compared with its neighbours in that it has not cast aside its Constitution and has even developed a constitutional culture. Malaysia has also experienced rapid economic development, recently achieving the status of “newly industrialised country”, the focus of former Prime Minister Mahathir Mohamad who held that office from 1981–2003. The author sets out an interesting historical account of constitutionalism in the Malay States (ch. 1) before discussing the institutional features of the Constitution and roles of the branches of government, including the executive (ch. 2), the federal legislature (ch. 3), the unique system of monarchy and state rulers (ch. 4) and the division of powers among federal, state and local governments (ch. 5). In two subsequent chapters, the author explores constitutional protections of human rights (ch. 6) and the role of religion in the Constitution (ch. 8). Both chapters include discussions of key judicial decisions. One of the most fascinating contributions of the book is the chapter on the judiciary and judicial power (ch. 7), which discusses judicial independence in Malaysia and the 1988 judicial crisis in which three judges of the Supreme Court (now styled the Federal Court), including the Lord President, were removed from office. The government later amended the Constitution to delete a reference to “judicial power”. While most commentators saw the events as threatening an independent judiciary at the time, the author highlights the positive role of the Malaysian Bar in advancing the cause of judicial independence and the rule of law.

Constitutional Systems of the World accomplishes what it sets out to achieve and more. In addition to surveying the salient features of domestic constitutions in an accessible narrative style, suitable as reference works for students of the law, practising lawyers and legal academics, each title offers insightful analysis into the historical, economic and social context that animates the constitutional discourse. As a collective, the series offers a valuable comparative perspective of constitutionalism in action that discloses the importance of local circumstances not only to the formation of the constitutional settlement but also to the interpretation and application of constitutional terms over time, leading the reader to the irresistible conclusion that, despite the modern focus on universally applicable rule of law and human rights standards, constitutional texts cannot be truly understood in isolation from their domestic foundations.