Formalization of Solidarity, Unity and Accord in the Constitutions of ASEAN Countries

Abstract

In the context of global geopolitical shifts and Russia's increasing interest in the Asia-Pacific region, the analysis of the constitutional experience of the member states of the Association of Southeast Asian Nations (ASEAN) is becoming particularly relevant. Despite a significant number of publications on solidarity as a socio-philosophical and political phenomenon, there are no comprehensive comparative legal studies of the constitutional formalization of solidarity and related categories of "unity" and "accord" in the ASEAN countries. Filling this gap, the author aims to identify, systematize and characterize the constitutional models of the consolidation of these categories, as well as to determine their value and procedural significance for constitutional regulation. The study is based on a formal legal and comparative legal analysis of the constitutions of all 10 ASEAN member states using a typology of ways to legalize regulatory prescriptions. As a result of the work, it has been established that solidarity is directly enshrined only in the constitutions of Vietnam, Myanmar and East Timor, forming three national models: value-ideological, binding-security and foreign policy. The category of «unity» is present in all the basic laws of the region, fulfilling value-symbolic, goal-setting, territorial, security, and cultural and educational functions. The category of "accord" is primarily instrumental and procedural in nature, being a legal and technical mechanism for legitimizing governmental decisions and protecting individual rights. The value dimension of accord has been revealed only in the Constitutions of Malaysia and Brunei. The results obtained contribute to comparative constitutional law by systematizing regional models of formalization of the categories under study, and can be used in the development of theoretical axiological foundations of constitutionalism.