Religious Offences In Common Law Asia
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Religious Offences In Common Law Asia
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Author : Li-ann Thio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
Religious Offences In Common Law Asia written by Li-ann Thio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Mixed Blessings
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Author : Amanda Whiting
language : en
Publisher: Studies in Religion, Secular B
Release Date : 2006
Mixed Blessings written by Amanda Whiting and has been published by Studies in Religion, Secular B this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public organization of social, political and religious life; they have furthermore constructed gender and familial relations in ways that subordinate women. Yet they have also offered promises of women's empowerment, and provided rules and procedures, norms, values, and interpretations of sacred traditions to deliver those empancipatory promises. Each chapter is devoted to a single state; first, the history and current framework of the national legal system is introduced; then the place of religion in the state is explained; and finally, by means of precise and detailed case studies or examples, each author explores how these sometimes competing, sometimes colluding regimes constructed women and how women interpreted this positioning and sought to resituate themselves.
Religion And Rule Of Law In Vietnam And Southeast Asia
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Author :
language : en
Publisher:
Release Date : 2023
Religion And Rule Of Law In Vietnam And Southeast Asia written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Regulating Religion In Asia
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Author : Jaclyn L. Neo
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
Regulating Religion In Asia written by Jaclyn L. Neo 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 2020-11-05 with Law categories.
In recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.
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.
Regulating Religion In Asia
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Author : Jaclyn L. Neo
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
Regulating Religion In Asia written by Jaclyn L. Neo 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 2019-03-28 with Law categories.
Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.
A History Of The Constitution Of Bangladesh
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Author : Ridwanul Hoque
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-01
A History Of The Constitution Of Bangladesh written by Ridwanul Hoque and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Law categories.
Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges. The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and leaders, and constitutional and legal institutions interact with each other in advancing, breaking, and remaking their Constitution. It examines the local context, parliamentary history, and interpretive tools adopted by the Supreme Court in understanding the Constitution as well as the future prospect of constitutional politics and practices. The work brings together legal professionals and constitutional law scholars to encapsulate the panorama of the country’s constitutional evolution. The authors look back to the history of constitution-making, to reflect critically on the present in light of the founding goals, spirits, and aspirations and with a view to offering a forward-looking and resilient vision of constitutionalism in Bangladesh. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law and politics and South Asian Studies.
The Cambridge Handbook Of Foreign Judges On Domestic Courts
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Author : Anna Dziedzic
language : en
Publisher: Cambridge University Press
Release Date : 2023-10-31
The Cambridge Handbook Of Foreign Judges On Domestic Courts written by Anna Dziedzic 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 2023-10-31 with Law categories.
This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.
Law And Religion In The Commonwealth
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Author : Renae Barker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Law And Religion In The Commonwealth written by Renae Barker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.
The Architecture Of Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
The Architecture Of Constitutional Amendments written by Richard Albert 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 innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.