Constitutional Dialogue in Common Law Asia

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198736371
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constitutional Dialogue in Common Law Asia by : Po Jen Yap

Download or read book Constitutional Dialogue in Common Law Asia written by Po Jen Yap and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques have been applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.

Constitutional Convergence in East Asia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108831176
Total Pages : 213 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Constitutional Convergence in East Asia by : Po Jen Yap

Download or read book Constitutional Convergence in East Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2021-11-25 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

Constitutional Remedies in Asia

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Author :
Publisher : Routledge
ISBN 13 : 0429788126
Total Pages : 278 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Constitutional Remedies in Asia by : Po Jen Yap

Download or read book Constitutional Remedies in Asia written by Po Jen Yap and published by Routledge. This book was released on 2019-03-07 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

Proportionality in Asia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108495753
Total Pages : 311 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Proportionality in Asia by : Po Jen Yap

Download or read book Proportionality in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2020-08-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.

Constitutional Dialogue in Common Law Asia

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191055948
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Constitutional Dialogue in Common Law Asia by : Po Jen Yap

Download or read book Constitutional Dialogue in Common Law Asia written by Po Jen Yap and published by OUP Oxford. This book was released on 2015-07-16 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.

Public Law in East Asia

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Author :
Publisher : Routledge
ISBN 13 : 1351552589
Total Pages : 624 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Public Law in East Asia by : AlbertH.Y. Chen

Download or read book Public Law in East Asia written by AlbertH.Y. Chen and published by Routledge. This book was released on 2017-07-05 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

Courts and Democracies in Asia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107192625
Total Pages : 251 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Courts and Democracies in Asia by : Po Jen Yap

Download or read book Courts and Democracies in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2017-09-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Constitutional Dialogue

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108417582
Total Pages : 487 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Dialogue by : Geoffrey Sigalet

Download or read book Constitutional Dialogue written by Geoffrey Sigalet and published by Cambridge University Press. This book was released on 2019-05-02 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.

Religious Offences in Common Law Asia

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937307
Total Pages : 551 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Religious Offences in Common Law Asia by : Li-ann Thio

Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.

Constitutional Change in the Contemporary Socialist World

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192592033
Total Pages : 385 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Constitutional Change in the Contemporary Socialist World by : Ngoc Son Bui

Download or read book Constitutional Change in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2020-07-24 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

Human Rights in Asia

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Publisher : Routledge
ISBN 13 : 1134238819
Total Pages : 532 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Human Rights in Asia by : Randall Peerenboom

Download or read book Human Rights in Asia written by Randall Peerenboom and published by Routledge. This book was released on 2006-09-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.

Constitutionalism in Asia

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252231
Total Pages : 1280 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutionalism in Asia by : Wen-Chen Chang

Download or read book Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2014-02-19 with total page 1280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Constitutional Statecraft in Asian Courts

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198716834
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constitutional Statecraft in Asian Courts by : Yvonne Tew

Download or read book Constitutional Statecraft in Asian Courts written by Yvonne Tew and published by Oxford University Press. This book was released on 2021-07-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.

Constitutional Interpretation in Singapore

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Author :
Publisher : Routledge
ISBN 13 : 1317428099
Total Pages : 410 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Constitutional Interpretation in Singapore by : Jaclyn L Neo

Download or read book Constitutional Interpretation in Singapore written by Jaclyn L Neo and published by Routledge. This book was released on 2016-06-17 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.

Comparative Constitutional Law in Asia

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002703
Total Pages : 365 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Comparative Constitutional Law in Asia by : Rosalind Dixon

Download or read book Comparative Constitutional Law in Asia written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Routledge Handbook of Asian Parliaments

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000850609
Total Pages : 437 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Routledge Handbook of Asian Parliaments by : Po Jen Yap

Download or read book Routledge Handbook of Asian Parliaments written by Po Jen Yap and published by Taylor & Francis. This book was released on 2023-03-24 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that surveys the range of political systems operating in Asia. Each jurisdiction chapter examines the structure and composition of its legislature, the powers of the legislature, the legislative process, thereby providing a clear picture of how each legislature operates both in theory and in practice. The book also thematically analyses the following political systems operating in Asia: communist regimes, liberal democracies, dominant party democracies, turbulent democracies, presidential democracies, military regimes and protean authoritarian rule. This handbook is a vital and comprehensive resource for scholars of constitutional law and politics in Asia.

Human Dignity in Asia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108835740
Total Pages : 407 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Human Dignity in Asia by : Jimmy Chiashin Hsu

Download or read book Human Dignity in Asia written by Jimmy Chiashin Hsu and published by Cambridge University Press. This book was released on 2022-09-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interdisciplinary exploration of Asian understandings of human dignity and human rights in courts, religion, and socio-political changes.