Constitutional Remedies in Asia PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Remedies in Asia PDF full book. Access full book title Constitutional Remedies in Asia by Po Jen Yap. Download full books in PDF and EPUB format.
Author: Po Jen Yap
Publisher: Routledge
ISBN: 0429788126
Category : Social Science
Languages : en
Pages : 278
Get Book Here
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.
Author: Po Jen Yap
Publisher: Routledge
ISBN: 0429788126
Category : Social Science
Languages : en
Pages : 278
Get Book Here
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.
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108924832
Category : Law
Languages : en
Pages : 213
Get Book Here
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.
Author: Dian A. H. Shah
Publisher: Cambridge University Press
ISBN: 1107183340
Category : History
Languages : en
Pages : 307
Get Book Here
Book Description
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108851711
Category : Law
Languages : en
Pages : 311
Get Book Here
Book Description
This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1107068959
Category : Law
Languages : en
Pages : 415
Get Book Here
Book Description
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author: Tae-Ung Baik
Publisher: Cambridge University Press
ISBN: 1107015340
Category : Law
Languages : en
Pages : 347
Get Book Here
Book Description
Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.
Author: James Gomez
Publisher: Springer Nature
ISBN: 9811510741
Category : Political Science
Languages : en
Pages : 312
Get Book Here
Book Description
This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308
Get Book Here
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: Lawrence Ward Beer
Publisher: Maryland Series in Contemporary Asian Studies
ISBN:
Category : Asia
Languages : en
Pages : 252
Get Book Here
Book Description
Author: John Kidd
Publisher: World Scientific
ISBN: 9789812795397
Category : Political Science
Languages : en
Pages : 424
Get Book Here
Book Description
Fundamental changes within economies are needed to create arm''s-length relations between governments, corporations, and banks. We are taking risks when investing in the future, and risk-taking demands openness and truthfulness from the agents we employ. If investors and accountants can concur on the degree of disclosure that is morally right we may come to some global agreement on what constitutes corruption OCo but to do this we have to bring together those who advocate profit-making with those who see this as usury; and we have to care for the future in novel ways OCo unknown in the past OCo so as to allow firms to be locally inefficient (apparently) while preserving the environment. This book looks widely at the prevailing situation in Asia and considers how little some governments are doing to guide their institutions towards probity and transparency. While fundamental changes are needed around the globe, it is in the developing nations that there is scope for radical change in the near future, as their institutions are re-created to meet the modern world. Once developed and functioning their managers will have the opportunity to facilitate and re-direct the institutions in the developed world, which happen to be more conservative than their own. Contents: The OECD Convention and Asia (E Quinones); The Asian Money Laundering Explosion (P Lilley); Corruption in Context (L Palmier); Monopoly Rights and Wrongs: Two Forms of Intellectual Property Rights Violations in Asia (H-B Cheah); Culture and Level of Industrialization as Determinants of Corruption in Asia (D Sculli); The Economy of Seepage and Leakage in Asia: The Most Dangerous Issue (G Etienne); Combating Corruption in Southeast Asia (C Wescott); The Nature of Corruption Hidden Culture: The Case of Korea (Y-L Moon & G N McLean); Comparative Study of Anti-Corruption Systems, Efforts and Strategies in Asian Countries: Focusing on Hong Kong, Singapore, Malaysia, and Korea (T Kim); and other papers. Readership: Final-year undergraduates, master''s and MBA students in ethics and social science; researchers on Asian topics, managers and policy-makers."
