Constitutional Statecraft In Asian Courts

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Constitutional Statecraft in Asian Courts

Author : Yvonne Tew
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.

Asian Courts in Context

Author : Jiunn-rong Yeh
Publisher : Cambridge University Press
ISBN 13 : 1107066085
Total Pages : 633 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh

Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2014-12-11 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Constitutional Courts in Asia

Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Courts in Asia by : Albert H. Y. Chen

Download or read book Constitutional Courts in Asia written by Albert H. Y. 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.

Judicial Review in New Democracies

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9780521520393
Total Pages : 322 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Judicial Review in New Democracies by : Tom Ginsburg

Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.

Constitutionalism in Asia

Author : Wen-Chen Chang
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.

Constitutionalism in Asia in the Early Twenty-First Century

Author : Hongyi Chen
Publisher : Cambridge University Press
ISBN 13 : 1107043417
Total Pages : 453 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutionalism in Asia in the Early Twenty-First Century by : Hongyi Chen

Download or read book Constitutionalism in Asia in the Early Twenty-First Century written by Hongyi Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.

Courts and Democracies in Asia

Author : Po Jen Yap
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.

Comparative Constitutional Law in Asia

Author : Rosalind Dixon
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002703
Total Pages : 368 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 368 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

Asian Constitutionalism in Transition

Author : Tania Groppi
Publisher : Giuffrè Editore
ISBN 13 : 8814144303
Total Pages : 391 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis Asian Constitutionalism in Transition by : Tania Groppi

Download or read book Asian Constitutionalism in Transition written by Tania Groppi and published by Giuffrè Editore. This book was released on 2008 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Supreme Court Statecraft: the Rule of Law and Men

Author : Mendelson Wallace
Publisher :
ISBN 13 :
Total Pages : 351 pages
Book Rating : 4.:/5 (638 download)

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Book Synopsis Supreme Court Statecraft: the Rule of Law and Men by : Mendelson Wallace

Download or read book Supreme Court Statecraft: the Rule of Law and Men written by Mendelson Wallace and published by . This book was released on 1987 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism in Asia

Author : Lawrence Ward Beer
Publisher : Maryland Series in Contemporary Asian Studies
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)

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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:

Proportionality in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 9781108797733
Total Pages : 0 pages
Book Rating : 4.7/5 (977 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 2022-09-29 with total page 0 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.

Judicial Review of Elections in Asia

Author : Po Jen Yap
Publisher : Routledge
ISBN 13 : 9780815368823
Total Pages : 238 pages
Book Rating : 4.3/5 (688 download)

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Book Synopsis Judicial Review of Elections in Asia by : Po Jen Yap

Download or read book Judicial Review of Elections in Asia written by Po Jen Yap and published by Routledge. This book was released on 2017-10-23 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country�s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.

Courting Constitutionalism

Author : Moeen Cheema
Publisher : Cambridge University Press
ISBN 13 : 1108831885
Total Pages : 289 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Courting Constitutionalism by : Moeen Cheema

Download or read book Courting Constitutionalism written by Moeen Cheema and published by Cambridge University Press. This book was released on 2021-12-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a deeply contextualized account of public law and judicial review in Pakistan.

The Adventures of the Constituent Power

Author : Andrew Arato
Publisher : Cambridge University Press
ISBN 13 : 1107126797
Total Pages : 483 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Adventures of the Constituent Power by : Andrew Arato

Download or read book The Adventures of the Constituent Power written by Andrew Arato and published by Cambridge University Press. This book was released on 2017-11-30 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

Comparative Constitutional Studies

Author : Günter Frankenberg
Publisher :
ISBN 13 : 9781789902167
Total Pages : 0 pages
Book Rating : 4.9/5 (21 download)

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Book Synopsis Comparative Constitutional Studies by : Günter Frankenberg

Download or read book Comparative Constitutional Studies written by Günter Frankenberg and published by . This book was released on 2019-03-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories. This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.

How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.