Comparative Constitutional Law in Asia

Comparative Constitutional Law in Asia

Author: Rosalind Dixon

Publisher: Edward Elgar Publishing

Published: 2014-02-28

Total Pages: 365

ISBN-13: 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


Constitutional Statecraft in Asian Courts

Constitutional Statecraft in Asian Courts

Author: Yvonne Tew

Publisher: Oxford University Press

Published: 2021-07-23

Total Pages: 273

ISBN-13: 0198716834

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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

Author: Hongyi Chen

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 407

ISBN-13: 110719508X

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


Pluralist Constitutions in Southeast Asia

Pluralist Constitutions in Southeast Asia

Author: Jaclyn L Neo

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 465

ISBN-13: 1509920463

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This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.


Courts and Democracies in Asia

Courts and Democracies in Asia

Author: Po Jen Yap

Publisher: Cambridge University Press

Published: 2017-09-28

Total Pages: 251

ISBN-13: 1107192625

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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.


The Development of the Rule of Law in ASEAN

The Development of the Rule of Law in ASEAN

Author: Imelda Deinla

Publisher: Cambridge University Press

Published: 2017-06-29

Total Pages: 263

ISBN-13: 1107193605

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An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.


Constitutional Dialogue in Common Law Asia

Constitutional Dialogue in Common Law Asia

Author: Po Jen Yap

Publisher: OUP Oxford

Published: 2015-07-16

Total Pages: 273

ISBN-13: 019105593X

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In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.