Constitutional Statecraft In Asian Courts


Constitutional Statecraft In Asian Courts
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Constitutional Statecraft In Asian Courts


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.



Constitutional Courts In Asia


Constitutional Courts In Asia
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Author : Albert H. Y. Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20

Constitutional Courts In Asia written by Albert H. Y. Chen 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 2018-09-20 with Law categories.


A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.



Asian Courts In Context


Asian Courts In Context
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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2014-12-11

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 2014-12-11 with Law categories.


Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.



Judicial Review In New Democracies


Judicial Review In New Democracies
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23

Judicial Review In New Democracies written by Tom Ginsburg 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 2003-07-23 with Law categories.


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.



Constitutionalism In Asia


Constitutionalism In Asia
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Author : Wen-Chen Chang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-02-19

Constitutionalism In Asia written by Wen-Chen Chang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-19 with Law categories.


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 In The Early Twenty First Century


Constitutionalism In Asia In The Early Twenty First Century
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Author : Hongyi Chen
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-17

Constitutionalism In Asia In The Early Twenty First Century written by Hongyi Chen 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 2014-04-17 with History categories.


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



Comparative Constitutional Law In Asia


Comparative Constitutional Law In Asia
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Author : Rosalind Dixon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-02-28

Comparative Constitutional Law In Asia written by Rosalind Dixon 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 2014-02-28 with Law categories.


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



Courts And Democracies In Asia


Courts And Democracies In Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-28

Courts And Democracies In Asia written by Po Jen Yap 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 2017-09-28 with Law categories.


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.



Proportionality In Asia


Proportionality In Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-27

Proportionality In Asia written by Po Jen Yap 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 2020-08-27 with Law categories.


Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.



Public Law In East Asia


Public Law In East Asia
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Author : AlbertH.Y. Chen
language : en
Publisher: Routledge
Release Date : 2017-07-05

Public Law In East Asia written by AlbertH.Y. Chen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.


Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.