Courts And Democracies In Asia
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Courts And Democracies In Asia
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Author : Po Jen Yap
language : en
Publisher:
Release Date : 2017
Courts And Democracies In Asia written by Po Jen Yap and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
"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"--
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.
The Judicialization Of Politics In Asia
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Author : Björn Dressel
language : en
Publisher: Routledge
Release Date : 2012
The Judicialization Of Politics In Asia written by Björn Dressel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
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.
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.
Constitutional Convergence In East Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-25
Constitutional Convergence In East 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 2021-11-25 with Law categories.
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
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.
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.
Judicial Review Of Elections In Asia
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Author : Po Jen Yap
language : en
Publisher: Routledge
Release Date : 2016-04-14
Judicial Review Of Elections In Asia written by Po Jen Yap and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Law categories.
In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
Governance And Democracy In The Asia Pacific
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Author : Stephen McCarthy
language : en
Publisher: Routledge
Release Date : 2020-03-17
Governance And Democracy In The Asia Pacific written by Stephen McCarthy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with Political Science categories.
This book explores the theoretical and empirical relationship between democracy and governance in the Asia-Pacific region. Examining a variety of country cases and themes addressing the theoretical tension between governance and democracy, it illuminates how this impacts political and civil societies across the region. Analysing the character, structure and current trajectories of polities in the Asia-Pacific, democratic or otherwise, this book demonstrates that the role of civil society, political society and governance has significantly differed in practice from what has been commonly assumed within the international community. The book includes both theoretical investigations tracing the modern development of the concepts of governance, development and democratization as well as regional and country-specific observations of major issues, presenting comprehensive country-level studies of China, Singapore, Thailand, Cambodia, the Philippines, Myanmar, Fiji and the Solomon Islands. Presenting fascinating insight into non-democratic governance, civil society and the rule of law in illiberal contexts, Governance and Democracy in the Asia-Pacific will prove to be of great use to students and scholars of Asian politics and society, as well as international and comparative politics.