Author: Yvonne Tew
Publisher: Oxford University Press
ISBN: 0198716834
Category : Law
Languages : en
Pages : 273
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Book Description
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.
Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 1108831885
Category : Law
Languages : en
Pages : 289
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Book Description
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author: S. Jayakumar
Publisher: NUS Press
ISBN: 9789971694579
Category : History
Languages : en
Pages : 220
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Book Description
This book is about the territorial dispute between Malaysia and Singapore over Pedra Branca, a small but strategically located island near the entrance to the Straits of Malacca. It describes how the two countries managed the dispute over three decades until final resolution by the International Court of Justice in May 2008. The two authors, who were personally involved in the case, recount the many twists and turns in the dispute as well as behind the scenes political and diplomatic manoeuvres. At a time when Asia still has numerous unresolved territorial disputes, the book would be of great interest to scholars, academics and practitioners in politics, international relations, history, diplomatic and legal circles.
Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1107066085
Category : Law
Languages : en
Pages : 633
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Book Description
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308
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Book Description
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 0300058985
Category : Political Science
Languages : en
Pages : 162
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Book Description
Since 1989, the Cold War has ended, new nations have emerged in Eastern Europe, and revolutionary struggles to establish liberal ideals have been waged against repressive governments throughout the world. Will the promise of liberalism be realized? What can liberals do to make the most of their opportunities and construct enduring forms of political order? In this important and timely book, a leading political theorist discusses the possibility of liberal democracy in Western and Eastern Europe and offers practical suggestions for its realization. Bruce Ackerman begins by sketching the challenges faced a Western Europe free for the first time in half a century to determine its own fate without the constant intervention of the United States and the Soviet Union. Unless decisive steps are taken, this moment of promise can degenerate into a new cycle of nationalist power struggle. Revolutionary action is now required to build the foundations of a democratic federal Europe--a union strong enough to keep the peace and to combat the threat of local tyrannies. Ackerman next considers Eastern Europe and discusses fundamental problems overlooked in the rush to build market economies there. He points out that leading countries--including Poland, Hungary, and Russia--have yet to establish new constitutions, contenting themselves instead with hasty amendments to old Communist documents. This is a great mistake, says Ackerman, for there is an urgent need to constitutionalize liberal revolution, and the window of opportunity for doing this is far smaller than many people realize. Neither judicial efforts to punish collaborators with the old regimes and to redress wrongs done to their victims nor the judicial activism now sweeping Eastern Europe should take priority over the formulation of democratically legitimated constitutions. Ackerman concludes by considering the impact of 1989 on South Africa, Latin America, and the United States, exploring how decisive liberal action throughout the world can help to expand the range of functioning constitutional democracies and recover liberalism's lost revolutionary heritage. .
Author: Daniel Barish
Publisher: Columbia University Press
ISBN: 0231554966
Category : History
Languages : en
Pages : 164
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Book Description
In the second half of the nineteenth century, local leaders around the Qing empire attempted to rebuild in the aftermath of domestic rebellion and imperialist aggression. At the same time, the enthronement of a series of children brought the question of reconstruction into the heart of the capital. Chinese scholars, Manchu and Mongolian officials, and writers in the press all competed to have their ideas included in the education of young rulers. Each group hoped to use the power of the emperor—both his functional role within the bureaucracy and his symbolic role as an exemplar for the people—to promote reform. Daniel Barish explores debates surrounding the education of the final three Qing emperors, showing how imperial curricula became proxy battles for divergent visions of how to restabilize the country. He sheds light on the efforts of rival figures, who drew on China’s dynastic history, Manchu traditions, and the statecraft tools of imperial powers as they sought to remake the state. Barish traces how court education reflected arguments over the introduction of Western learning, the fate of the Manchu Way, the place of women in society, notions of constitutionalism, and emergent conceptions of national identity. He emphasizes how changing ideas of education intersected with a push for a renewed imperial center and national unity, helping create a model of rulership for postimperial regimes. Through the lens of the education of young emperors, Learning to Rule develops a new understanding of the late Qing era and the relationship between the monarchy and the nation in modern China.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Adam S. Chilton
Publisher:
ISBN: 0190871458
Category : Law
Languages : en
Pages : 397
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Book Description
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
Author: Brian E. Butler
Publisher: Rodopi
ISBN: 940120926X
Category : Philosophy
Languages : en
Pages : 321
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Book Description
This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.
