Constitutional Statecraft In Asian Courts PDF Download
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Author | : Yvonne Tew |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2021-07-23 |
Genre | : Law |
ISBN | : 0198716834 |
Download Constitutional Statecraft in Asian Courts Book in PDF, ePub and Kindle
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 | : Po Jen Yap |
Publisher | : OUP Oxford |
Total Pages | : 273 |
Release | : 2015-07-16 |
Genre | : Law |
ISBN | : 019105593X |
Download Constitutional Dialogue in Common Law Asia Book in PDF, ePub and Kindle
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.
Author | : Jiunn-rong Yeh |
Publisher | : Cambridge University Press |
Total Pages | : 633 |
Release | : 2015 |
Genre | : Law |
ISBN | : 1107066085 |
Download Asian Courts in Context Book in PDF, ePub and Kindle
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Author | : Albert H. Y. Chen |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2018-09-20 |
Genre | : Law |
ISBN | : 1108168876 |
Download Constitutional Courts in Asia Book in PDF, ePub and Kindle
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 | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 322 |
Release | : 2003-07-23 |
Genre | : Law |
ISBN | : 9780521520393 |
Download Judicial Review in New Democracies Book in PDF, ePub and Kindle
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.
Author | : Po Jen Yap |
Publisher | : Cambridge University Press |
Total Pages | : 251 |
Release | : 2017-09-28 |
Genre | : Law |
ISBN | : 1107192625 |
Download Courts and Democracies in Asia Book in PDF, ePub and Kindle
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.
Author | : Marie Seong-Hak Kim |
Publisher | : Cambridge University Press |
Total Pages | : 363 |
Release | : 2019-06-27 |
Genre | : Law |
ISBN | : 1108474896 |
Download Constitutional Transition and the Travail of Judges Book in PDF, ePub and Kindle
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
Author | : Samuel Issacharoff |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2015-06-17 |
Genre | : Law |
ISBN | : 1107038707 |
Download Fragile Democracies Book in PDF, ePub and Kindle
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author | : Tania Groppi |
Publisher | : Giuffrè Editore |
Total Pages | : 391 |
Release | : 2008 |
Genre | : Law |
ISBN | : 8814144303 |
Download Asian Constitutionalism in Transition Book in PDF, ePub and Kindle
Author | : Po Jen Yap |
Publisher | : Cambridge University Press |
Total Pages | : 251 |
Release | : 2017-09-28 |
Genre | : Law |
ISBN | : 1108136060 |
Download Courts and Democracies in Asia Book in PDF, ePub and Kindle
What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.