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Author: Po Jen Yap
Publisher: Routledge
ISBN: 1317361490
Category : Law
Languages : en
Pages : 250
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Book Description
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.
Author: Po Jen Yap
Publisher: Routledge
ISBN: 1317361490
Category : Law
Languages : en
Pages : 250
Get Book Here
Book Description
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.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521520393
Category : Law
Languages : en
Pages : 322
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Book Description
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.
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1107192625
Category : Law
Languages : en
Pages : 251
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Book Description
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.
Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 1108670474
Category : Law
Languages : en
Pages : 389
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Book Description
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.
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.
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108831176
Category : Law
Languages : en
Pages : 213
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Book Description
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Author: Dieter Nohlen
Publisher: Oxford University Press
ISBN: 019924958X
Category : Asia
Languages : en
Pages : 771
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Book Description
This work continues the series of election data handbooks published by OUP. It presents a compendium of electoral data for all the 62 states in Asia, Australia and Oceania from their independence to the beginning of the 21st century.
Author: Dieter Nohlen
Publisher: OUP Oxford
ISBN: 0191530417
Category : Political Science
Languages : en
Pages : 774
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Book Description
This two-volume work continues the series of election data handbooks published by OUP. It presents a first-ever compendium of electoral data for all the 62 states in Asia, Australia and Oceania from their independence to the present. Following the overall structure of the series, an initial comparative introduction on elections and electoral systems is followed by chapters on each state in the region. Written by knowledgeable and renowned scholars, the contributions examine the evolution of institutional and electoral arrangements, and provide systematic surveys of the up-to-date electoral provisions and their historical development. Exhaustive statistics on national elections and referendums are given in each chapter. Together with the other books of this series, Elections in Asia and the Pacific is a highly reliable resource for historical and cross-national comparisons of elections and electoral systems world-wide. The first volume of Elections in Asia and the Pacific includes a total of 32 independent states situated in the three 'western' regions of the Asian continent: the countries of the Middle East (including Turkey); the post-Soviet states of Central Asia and the Caucasus; and the countries situated in South Asia (including Afghanistan and Myanmar).
