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Human Rights Constitutionalism in Japan and Asia

Human Rights Constitutionalism in Japan and Asia
Author: Lawrence W. Beer
Publisher: Global Oriental
Total Pages: 320
Release: 2009-05-01
Genre: Law
ISBN: 9004213031

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The collection opens with a review of constitutionalism in Asia and the United States and concludes with a recent examination of Japan’s rejection of war: ‘Japan’s Constitutional Discourse and Performance’. By way of Afterword, the author offers an in-depth review of ‘Globalization of Human Rights in the 21st Century’.


Asian Constitutionalism in Transition

Asian Constitutionalism in Transition
Author: Tania Groppi
Publisher: Giuffrè Editore
Total Pages: 391
Release: 2008
Genre: Law
ISBN: 8814144303

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Gender, Sexuality and Constitutionalism in Asia

Gender, Sexuality and Constitutionalism in Asia
Author: Wen-Chen Chang
Publisher: Bloomsbury Publishing
Total Pages: 506
Release: 2023-12-28
Genre: Law
ISBN: 1509941924

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This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.


Global Constitutionalism from European and East Asian Perspectives

Global Constitutionalism from European and East Asian Perspectives
Author: Takao Suami
Publisher: Cambridge University Press
Total Pages: 625
Release: 2018-11-29
Genre: History
ISBN: 1108417116

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Examines and compares East Asian and European perspectives of Global Constitutionalism.


Comparative Constitutional Law in Asia

Comparative Constitutional Law in Asia
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 365
Release: 2014-02-28
Genre: Law
ISBN: 1781002703

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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


Constitutionalism in Asia in the Early Twenty-First Century

Constitutionalism in Asia in the Early Twenty-First Century
Author: Hongyi Chen
Publisher: Cambridge University Press
Total Pages: 453
Release: 2014-04-17
Genre: History
ISBN: 1107043417

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A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.


Constitutionalism in Asia

Constitutionalism in Asia
Author: Wen-Chen Chang
Publisher: Bloomsbury Publishing
Total Pages: 1172
Release: 2014-02-19
Genre: Law
ISBN: 1849469857

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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

Constitutionalism in Asia
Author: Lawrence Ward Beer
Publisher: Maryland Series in Contemporary Asian Studies
Total Pages: 252
Release: 1988
Genre: Asia
ISBN:

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Constitutional Law in Japan

Constitutional Law in Japan
Author: Hiroyuki Hata
Publisher: Kluwer Law International B.V.
Total Pages: 362
Release: 2022-08-20
Genre: Law
ISBN: 9403545658

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Japan provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Japan will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.


International Human Rights Law in Japan

International Human Rights Law in Japan
Author: Joelle Sambuc Bloise
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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The persistence of the debate opposing universality of human rights and cultural relativism explains that many problems met when implementing human rights in a non-Western country are given a "cultural" reason. Japan has been described for decades as being "unique" by sources both outside and within the country. This has contributed to a viewpoint where human rights standards, if not the rule of law itself, are seen as being largely alien to the Japanese system, society and individuals. Therefore, human rights violations are seen as defensible, or at least understandable, or even downright inevitable and enduring. This article tries to propose another approach to culture and human rights in Japan moving from an academic debate regarding the existence of an "unique Japan" mindset distrustful of the international human rights discourse, to an analysis of the political and social use of this discourse by authorities and social movements in the context of power plays regarding legal and social change. Part I sums up the enduring debate opposing the promoters of cultural relativism and the proponents of the universality of human rights. Special focus will be put on the case of "Asian values" at a time where the principal advocates of this theory, Southeast Asian countries, have decided to set up the first regional human rights mechanism in that region. The practice of international bodies on the role of culture and implementation of international human rights will be discussed. Part II analyzes the case of Japan. After a short overview of the history of human rights constitutionalism and commitments of Japan regarding international human rights law, we will analyze the meaning of the "cultural factor" for explaining Japan's human rights record. The nihonjiron literature will be opposed to the actions of social movements using human rights arguments to promote social and legal change. Relevance of culture and traditions will be discussed in relation to human rights litigation and the role of the judiciary body. Our analysis will close with a presentation of a specific social movement - women's groups - and how they have worked during decades to promote social and legal change, notably by referring to international human rights law.