Asian Constitutionalism in Transition
Author | : Tania Groppi |
Publisher | : Giuffrè Editore |
Total Pages | : 391 |
Release | : 2008 |
Genre | : Law |
ISBN | : 8814144303 |
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Author | : Tania Groppi |
Publisher | : Giuffrè Editore |
Total Pages | : 391 |
Release | : 2008 |
Genre | : Law |
ISBN | : 8814144303 |
Author | : Dingjian Cai |
Publisher | : |
Total Pages | : 23 |
Release | : 2006 |
Genre | : China |
ISBN | : 9789810553548 |
Author | : Takao Suami |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2018-11-29 |
Genre | : History |
ISBN | : 1108417116 |
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author | : Albert H. Y. Chen |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2018-09-20 |
Genre | : Law |
ISBN | : 1108168876 |
The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.
Author | : Ralf Horlemann |
Publisher | : Routledge |
Total Pages | : 335 |
Release | : 2003-09-02 |
Genre | : History |
ISBN | : 1134434103 |
Following the return of Hong Kong to Chinese sovereignty, it appears that the 'high degree of autonomy' promised to Hong Kong is limited in many ways. China's reservations about the development of democracy in Hong Kong lies at the heart of the problem. The conceptual inadequacies set out in the Basic Law, Hong Kong's mini-constitution, show a correlation between a lack of democracy and a loss of autonomy. This book argues that genuine autonomy from the central government in Beijing is impossible without a democratic system in Hong Kong. Developments since the handover have, however, demonstrated that democratic trends have been halted and even reversed and that democracy is not likely to be established in Hong Kong in the near future.
Author | : Marco Bünte |
Publisher | : Routledge |
Total Pages | : 342 |
Release | : 2016-07-15 |
Genre | : Law |
ISBN | : 1317537653 |
In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.
Author | : Yvonne Tew |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2021-07-23 |
Genre | : Law |
ISBN | : 0198716834 |
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.
Author | : Weitseng Chen |
Publisher | : Cambridge University Press |
Total Pages | : 409 |
Release | : 2020-07-16 |
Genre | : Business & Economics |
ISBN | : 1108496687 |
Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
Author | : Hongyi Chen |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : Constitutional law |
ISBN | : 9781139910910 |
"Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike"--
Author | : Wen-Chen Chang |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1172 |
Release | : 2014-02-19 |
Genre | : Law |
ISBN | : 1849469857 |
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.