Judicial Review of Elections in Asia
Judicial Review of Elections in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2016-04-14

Total Pages: 250

ISBN-13: 1317361490

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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.

Judicial Review in New Democracies
Judicial Review in New Democracies

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2003-07-23

Total Pages: 322

ISBN-13: 9780521520393

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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.

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.

Judicial Review of Elections in Asia
Judicial Review of Elections in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2016-04-14

Total Pages: 249

ISBN-13: 1317361482

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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.

The Politico-Legal Dynamics of Judicial Review
The Politico-Legal Dynamics of Judicial Review

Author: Theunis Roux

Publisher: Cambridge University Press

Published: 2018-09-06

Total Pages: 389

ISBN-13: 1108670474

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Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

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: 1108136060

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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.

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.

Routledge Handbook of Asian Parliaments
Routledge Handbook of Asian Parliaments

Author: Po Jen Yap

Publisher: Taylor & Francis

Published: 2023-03-24

Total Pages: 437

ISBN-13: 1000850609

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This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that surveys the range of political systems operating in Asia. Each jurisdiction chapter examines the structure and composition of its legislature, the powers of the legislature, the legislative process, thereby providing a clear picture of how each legislature operates both in theory and in practice. The book also thematically analyses the following political systems operating in Asia: communist regimes, liberal democracies, dominant party democracies, turbulent democracies, presidential democracies, military regimes and protean authoritarian rule. This handbook is a vital and comprehensive resource for scholars of constitutional law and politics in Asia.

Against Elections
Against Elections

Author: David Van Reybrouck

Publisher: Seven Stories Press

Published: 2018-04-17

Total Pages: 182

ISBN-13: 1609808118

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A small book with great weight and urgency to it, this is both a history of democracy and a clarion call for change. "Without drastic adjustment, this system cannot last much longer," writes Van Reybrouck, regarded today as one of Europe's most astute thinkers. "If you look at the decline in voter turnout and party membership, and at the way politicians are held in contempt, if you look at how difficult it is to form governments, how little they can do and how harshly they are punished for it, if you look at how quickly populism, technocracy and anti-parliamentarianism are rising, if you look at how more and more citizens are longing for participation and how quickly that desire can tip over into frustration, then you realize we are up to our necks." Not so very long ago, the great battles of democracy were fought for the right to vote. Now, Van Reybrouck writes, "it's all about the right to speak, but in essence it's the same battle, the battle for political emancipation and for democratic participation. We must decolonize democracy. We must democratize democracy." As history, Van Reybrouck makes the compelling argument that modern democracy was designed as much to preserve the rights of the powerful and keep the masses in line, as to give the populace a voice. As change-agent, Against Elections makes the argument that there are forms of government, what he terms sortitive or deliberative democracy, that are beginning to be practiced around the world, and can be the remedy we seek. In Iceland, for example, deliberative democracy was used to write the new constitution. A group of people were chosen by lot, educated in the subject at hand, and then were able to decide what was best, arguably, far better than politicians would have. A fascinating, and workable idea has led to a timely book to remind us that our system of government is a flexible instrument, one that the people have the power to change.

Law and Politics of Constitutional Courts
Law and Politics of Constitutional Courts

Author: Stefanus Hendrianto

Publisher: Routledge

Published: 2018-04-17

Total Pages: 359

ISBN-13: 135158491X

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This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.