Constitutional Justice In Asia

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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.

Constitutional Courts in Asia

Author : Hongyi 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 : 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.

Constitutional Dialogue in Common Law Asia

Author : Po Jen Yap
Publisher : OUP Oxford
ISBN 13 : 019105593X
Total Pages : 273 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 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 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.

Constitutional Convergence in East Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1108924832
Total Pages : 213 pages
Book Rating : 4.1/5 (89 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: 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.

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.

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.

Comparative Constitutional Law

Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931210
Total Pages : 681 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Constitutionalism in Asia

Author : Wen-Chen Chang
Publisher : Bloomsbury Publishing
ISBN 13 : 1849469857
Total Pages : 1172 pages
Book Rating : 4.8/5 (494 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 1172 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.

Judicial Review of Elections in Asia

Author : Po Jen Yap
Publisher : Routledge
ISBN 13 : 1317361490
Total Pages : 250 pages
Book Rating : 4.3/5 (173 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 2016-04-14 with total page 250 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.

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 2015 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.

Proportionality in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1108851711
Total Pages : 311 pages
Book Rating : 4.1/5 (88 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: 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.

Global Constitutionalism from European and East Asian Perspectives

Author : Takao Suami
Publisher : Cambridge University Press
ISBN 13 : 1108417116
Total Pages : 625 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami

Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.

Constitutional Remedies in Asia

Author : Po Jen Yap
Publisher : Routledge
ISBN 13 : 9780367660697
Total Pages : 182 pages
Book Rating : 4.6/5 (66 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 2020-09-30 with total page 182 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.

Emergency Powers in Asia

Author : Victor V. Ramraj
Publisher : Cambridge University Press
ISBN 13 : 052176890X
Total Pages : 531 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Emergency Powers in Asia by : Victor V. Ramraj

Download or read book Emergency Powers in Asia written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2010 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Unstable Constitutionalism

Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)

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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.

Socialist Law in Socialist East Asia

Author : Hualing Fu
Publisher : Cambridge University Press
ISBN 13 : 1108424813
Total Pages : 463 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Socialist Law in Socialist East Asia by : Hualing Fu

Download or read book Socialist Law in Socialist East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2018-07-05 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

Administrative Law and Governance in Asia

Author : Tom Ginsburg
Publisher : Routledge
ISBN 13 : 1135970645
Total Pages : 395 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Administrative Law and Governance in Asia by : Tom Ginsburg

Download or read book Administrative Law and Governance in Asia written by Tom Ginsburg and published by Routledge. This book was released on 2008-10-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.