Constitutional Statecraft In Asian Courts

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Constitutional Statecraft In Asian Courts
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Author : Yvonne Tew
language : en
Publisher:
Release Date : 2020
Constitutional Statecraft In Asian Courts written by Yvonne Tew and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Constitutional courts categories.
This book examines constitutional adjudication in Southeast Asia, focusing on the constitutional courts of Malaysia and Singapore. It examines judicial strategies used for statecraft in Asian courts and shows how these courts can protect a nation's constitutional framework.
Constitutional Statecraft In Asian Courts
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Author : Yvonne Tew
language : en
Publisher: Oxford University Press
Release Date : 2021-07-23
Constitutional Statecraft In Asian Courts written by Yvonne Tew and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-23 with Law categories.
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.
The Law And Politics Of Unconstitutional Constitutional Amendments In Asia
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Author : Rehan Abeyratne
language : en
Publisher: Routledge
Release Date : 2021-11-29
The Law And Politics Of Unconstitutional Constitutional Amendments In Asia written by Rehan Abeyratne and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.
This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Encyclopedia Of Asian Politics
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Author : Alexander C. Tan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Encyclopedia Of Asian Politics written by Alexander C. Tan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Political Science categories.
This state-of-the-art Encyclopedia provides a detailed snapshot study of politics in Asia. Curated by two internationally recognized scholars, entries offer key insights and critical reference points in order to navigate the vastness, diversity, and dynamism of Asian politics.
Asian Comparative Constitutional Law Volume 1
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Author : Ngoc Son Bui
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
Asian Comparative Constitutional Law Volume 1 written by Ngoc Son Bui and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-18 with Law categories.
This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.
Courts And Politics In Southeast Asia
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Author : Bjoern Dressel
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-04
Courts And Politics In Southeast Asia written by Bjoern Dressel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Political Science categories.
Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
Constitutional Courts And Judicial Review
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Author : Dieter Grimm
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-01-09
Constitutional Courts And Judicial Review written by Dieter Grimm and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-09 with Law categories.
This collection of essays from Dieter Grimm, Germany's most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 198990 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.
Asian Courts In Context
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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015
Asian Courts In Context written by Jiunn-rong Yeh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Routledge Handbook Of Autocratization In Southeast Asia
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Author : Netina Tan
language : en
Publisher: Taylor & Francis
Release Date : 2025-07-31
Routledge Handbook Of Autocratization In Southeast Asia written by Netina Tan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-31 with Social Science categories.
The Routledge Handbook of Autocratization in Southeast Asia examines how global and domestic forces of autocratization affect regional and local politics. It analyzes how the interactions of international and domestic factors affect actors and institutions in both democracies and autocracies in the region. Bringing together a representative slate of both local and international, junior and senior scholars of different methodological backgrounds, this Handbook cross-examines regional trends and provides an insider view of the causes and effects of autocratization in a region with diverse experiences with de-colonization, state-building, and economic and political developments. The 28 chapters are organized into three sections. Part I examines a range of structural, international, socio-political, technological, and ideological causal factors of autocratization. Part II offers a comparative analysis of the consequences of autocratization on key actors and democratic institutions. Part III provides a more detailed study of autocratic consolidation and pushback in each country in Southeast Asia. Taking into account structural-historical, institutional, and cultural factors, the contributors analyze how domestic actors and democratic institutions withstand the global forces of autocratization. This Handbook fills empirical gaps in the current scholarship by focusing on all nation-states in the Association of Southeast Asia Nations and Timor-Leste, varied regime types with diverse socio-religious backgrounds. It is the first authoritative reference work dedicated to Southeast Asia’s autocratization and will be an indispensable reference work for academics and policymakers interested in democracy and autocracy, regime transition, and Southeast Asian politics.
Eternity Clauses In Democratic Constitutionalism
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Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021
Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction at public law. Political actors and the people who create or modify their constitutional orders often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public low. Book jacket.