Constitutional Dialogue in Common Law Asia

Constitutional Dialogue in Common Law Asia PDF Author: Po Jen Yap
Publisher: OUP Oxford
ISBN: 0191055948
Category : Law
Languages : en
Pages : 373

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Book Description
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 Remedies in Asia

Constitutional Remedies in Asia PDF Author: Po Jen Yap
Publisher: Routledge
ISBN: 0429788126
Category : Social Science
Languages : en
Pages : 278

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Book Description
Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

Constitutional Convergence in East Asia

Constitutional Convergence in East Asia PDF Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108924832
Category : Law
Languages : en
Pages : 213

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Book Description
The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.

Proportionality in Asia

Proportionality in Asia PDF Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108495753
Category : Law
Languages : en
Pages : 311

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Book Description
Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.

Courts and Democracies in Asia

Courts and Democracies in Asia PDF Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108136060
Category : Law
Languages : en
Pages : 251

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Book Description
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.

Constitutionalism in Asia in the Early Twenty-First Century

Constitutionalism in Asia in the Early Twenty-First Century PDF Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 1107043417
Category : History
Languages : en
Pages : 453

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Book Description
A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.

Asian Constitutionalism in Transition

Asian Constitutionalism in Transition PDF Author: Tania Groppi
Publisher: Giuffrè Editore
ISBN: 8814144303
Category : Law
Languages : en
Pages : 391

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Book Description


Asian Comparative Constitutional Law, Volume 1

Asian Comparative Constitutional Law, Volume 1 PDF Author: Ngoc Son Bui
Publisher: Bloomsbury Publishing
ISBN: 1509949712
Category : Law
Languages : en
Pages : 495

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Book Description
This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.

Constitutional Statecraft in Asian Courts

Constitutional Statecraft in Asian Courts PDF 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.

Religious Offences in Common Law Asia

Religious Offences in Common Law Asia PDF Author: Li-ann Thio
Publisher: Bloomsbury Publishing
ISBN: 1509937315
Category : Law
Languages : en
Pages : 480

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Book Description
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.