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Constitutional Remedies In Asia
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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.
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: The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.
Book Synopsis Constitutions, Religion and Politics in Asia by : Dian A. H. Shah
Download or read book Constitutions, Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
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: This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
Book Synopsis Unstable Constitutionalism by : Mark Tushnet
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Book Synopsis National Human Rights Institutions in Southeast Asia by : James Gomez
Download or read book National Human Rights Institutions in Southeast Asia written by James Gomez and published by Springer Nature. This book was released on 2020-01-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
Book Synopsis Emerging Regional Human Rights Systems in Asia by : Tae-Ung Baik
Download or read book Emerging Regional Human Rights Systems in Asia written by Tae-Ung Baik and published by Cambridge University Press. This book was released on 2012-11 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.
Book Synopsis Constitutional Courts in Asia by : Hongyi Chen
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Book Synopsis A People's Constitution by : Rohit De
Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Book Synopsis Constitutionalism in Asia by : Lawrence Ward Beer
Download or read book Constitutionalism in Asia written by Lawrence Ward Beer and published by Maryland Series in Contemporary Asian Studies. This book was released on 1988 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Association of Asian Constitutional Courts and Equivalent Institutions. Summer School Publisher : ISBN 13 : Total Pages :341 pages Book Rating :4.:/5 (15 download)
Book Synopsis Constitutional Justice in Asia by : Association of Asian Constitutional Courts and Equivalent Institutions. Summer School
Download or read book Constitutional Justice in Asia written by Association of Asian Constitutional Courts and Equivalent Institutions. Summer School and published by . This book was released on 2014 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Socio-economic Rights by : Sandra Liebenberg
Download or read book Socio-economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Book Synopsis Pluralist Constitutions in Southeast Asia by : Jaclyn L Neo
Download or read book Pluralist Constitutions in Southeast Asia written by Jaclyn L Neo and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Book Synopsis Asian Yearbook of International Law, Volume 23 (2017) by : Seokwoo Lee
Download or read book Asian Yearbook of International Law, Volume 23 (2017) written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
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.
Book Synopsis Beyond Liberal Democracy by : Daniel A. Bell
Download or read book Beyond Liberal Democracy written by Daniel A. Bell and published by Princeton University Press. This book was released on 2009-01-10 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is liberal democracy appropriate for East Asia? In this provocative book, Daniel Bell argues for morally legitimate alternatives to Western-style liberal democracy in the region. Beyond Liberal Democracy, which continues the author's influential earlier work, is divided into three parts that correspond to the three main hallmarks of liberal democracy--human rights, democracy, and capitalism. These features have been modified substantially during their transmission to East Asian societies that have been shaped by nonliberal practices and values. Bell points to the dangers of implementing Western-style models and proposes alternative justifications and practices that may be more appropriate for East Asian societies. If human rights, democracy, and capitalism are to take root and produce beneficial outcomes in East Asia, Bell argues, they must be adjusted to contemporary East Asian political and economic realities and to the values of nonliberal East Asian political traditions such as Confucianism and Legalism. Local knowledge is therefore essential for realistic and morally informed contributions to debates on political reform in the region, as well as for mutual learning and enrichment of political theories. Beyond Liberal Democracy is indispensable reading for students and scholars of political theory, Asian studies, and human rights, as well as anyone concerned about China's political and economic future and how Western governments and organizations should engage with China.
Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee
Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
