The Law and Politics of Unconstitutional Constitutional Amendments in Asia

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

Author: Ngoc Sn Bùi

Publisher: Routledge

Published: 2021

Total Pages: 0

ISBN-13: 9780367562625

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"This book explores and explains how and why the idea of unconstitutional constitutional amendment informs a range of political activities through diverse forums and by various social and political actors in both formal and informal constitutional amendment processes in Asia. The authors examine the process of, and judicial review of, constitutional amendment. The range of political activities explored include political debate, discourse, and mobilization surrounding the process of constitutional design and adjudication. The various and diverse forums discussed include legislative, judicial, and popular while the various social and political actors include judges, politicians, lawyers, scholars, political parties, and social movement activists"--


Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments

Author: Yaniv Roznai

Publisher: Oxford University Press

Published: 2017

Total Pages: 369

ISBN-13: 0198768796

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Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.


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.


Constitutions, Religion and Politics in Asia

Constitutions, Religion and Politics in Asia

Author: Dian A. H. Shah

Publisher: Cambridge University Press

Published: 2017-10-26

Total Pages: 307

ISBN-13: 1107183340

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Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.


The Law and Politics of Unconstitutional Constitutional Amendments in Asia

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

Author: Rehan Abeyratne

Publisher: Routledge

Published: 2021-11-30

Total Pages: 318

ISBN-13: 1000483738

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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.


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


Unstable Constitutionalism

Unstable Constitutionalism

Author: Mark Tushnet

Publisher: Cambridge University Press

Published: 2015-09-17

Total Pages: 415

ISBN-13: 1107068959

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This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.


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.


Constitutional Change in the Contemporary Socialist World

Constitutional Change in the Contemporary Socialist World

Author: Ngoc Son Bui

Publisher: Oxford University Press

Published: 2020-07-24

Total Pages: 385

ISBN-13: 0192592025

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After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.


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.