Courts And Democracies In Asia PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Courts And Democracies In Asia PDF full book. Access full book title Courts And Democracies In Asia.
Author | : Po Jen Yap |
Publisher | : |
Total Pages | : |
Release | : 2017 |
Genre | : LAW |
ISBN | : 9781108137867 |
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"--
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 | : 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 | : Albert H. Y. Chen |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2018-09-20 |
Genre | : Law |
ISBN | : 110719508X |
Download Constitutional Courts in Asia Book in PDF, ePub and Kindle
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author | : Björn Dressel |
Publisher | : Routledge |
Total Pages | : 258 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0415674107 |
Download The Judicialization of Politics in Asia Book in PDF, ePub and Kindle
Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
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 | : Andrew Harding |
Publisher | : Routledge |
Total Pages | : 444 |
Release | : 2010-01-21 |
Genre | : Business & Economics |
ISBN | : 1135182728 |
Download New Courts in Asia Book in PDF, ePub and Kindle
This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.
Author | : Po Jen Yap |
Publisher | : Cambridge University Press |
Total Pages | : 213 |
Release | : 2021-11-25 |
Genre | : Law |
ISBN | : 1108831176 |
Download Constitutional Convergence in East Asia Book in PDF, ePub and Kindle
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Author | : Po Jen Yap |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2020-08-27 |
Genre | : Law |
ISBN | : 1108851711 |
Download Proportionality in Asia Book in PDF, ePub and Kindle
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.
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.