Constitutional Dialogue In Common Law Asia

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Constitutional Dialogue in Common Law Asia

Po Jen Yap
Constitutional Dialogue in Common Law Asia Book PDF

Author : Po Jen Yap
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 40,8 Mb
Release : 2015
Category : Law
ISBN : 9780198736370

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Constitutional Dialogue in Common Law Asia by Po Jen Yap Pdf

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 have been 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 Convergence in East Asia

Po Jen Yap,Chien-Chih Lin
Constitutional Convergence in East Asia Book PDF

Author : Po Jen Yap,Chien-Chih Lin
Publisher : Cambridge University Press
Page : 213 pages
File Size : 43,5 Mb
Release : 2021-11-25
Category : Law
ISBN : 9781108831178

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Constitutional Convergence in East Asia by Po Jen Yap,Chien-Chih Lin Pdf

Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

Constitutional Remedies in Asia

Po Jen Yap
Constitutional Remedies in Asia Book PDF

Author : Po Jen Yap
Publisher : Routledge
Page : 278 pages
File Size : 45,8 Mb
Release : 2019-03-07
Category : Social Science
ISBN : 9780429788123

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Constitutional Remedies in Asia by Po Jen Yap Pdf

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.

Proportionality in Asia

Po Jen Yap
Proportionality in Asia Book PDF

Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 311 pages
File Size : 40,7 Mb
Release : 2020-08-27
Category : Law
ISBN : 9781108495752

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Proportionality in Asia by Po Jen Yap Pdf

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

Public Law in East Asia

AlbertH.Y. Chen
Public Law in East Asia Book PDF

Author : AlbertH.Y. Chen
Publisher : Routledge
Page : 624 pages
File Size : 54,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351552585

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Public Law in East Asia by AlbertH.Y. Chen Pdf

Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

Courts and Democracies in Asia

Po Jen Yap
Courts and Democracies in Asia Book PDF

Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 251 pages
File Size : 53,5 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781107192621

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Courts and Democracies in Asia by Po Jen Yap Pdf

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.

Religious Offences in Common Law Asia

Li-ann Thio,Jaclyn L Neo
Religious Offences in Common Law Asia Book PDF

Author : Li-ann Thio,Jaclyn L Neo
Publisher : Bloomsbury Publishing
Page : 551 pages
File Size : 54,6 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509937301

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Religious Offences in Common Law Asia by Li-ann Thio,Jaclyn L Neo Pdf

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.

Constitutional Dialogue in Common Law Asia

Po Jen Yap
Constitutional Dialogue in Common Law Asia Book PDF

Author : Po Jen Yap
Publisher : OUP Oxford
Page : 240 pages
File Size : 55,5 Mb
Release : 2015-07-16
Category : Law
ISBN : 9780191055942

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Constitutional Dialogue in Common Law Asia by Po Jen Yap Pdf

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 Dialogue

Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon
Constitutional Dialogue Book PDF

Author : Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon
Publisher : Cambridge University Press
Page : 487 pages
File Size : 45,6 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781108417587

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Constitutional Dialogue by Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon Pdf

Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.

Democratic Dialogue and the Constitution

Alison L. Young
Democratic Dialogue and the Constitution Book PDF

Author : Alison L. Young
Publisher : Oxford University Press
Page : 336 pages
File Size : 43,7 Mb
Release : 2017
Category : Law
ISBN : 9780198783749

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Democratic Dialogue and the Constitution by Alison L. Young Pdf

Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.

Constitutional Change in the Contemporary Socialist World

Ngoc Son Bui
Constitutional Change in the Contemporary Socialist World Book PDF

Author : Ngoc Son Bui
Publisher : Oxford University Press
Page : 385 pages
File Size : 44,5 Mb
Release : 2020-07-24
Category : Law
ISBN : 9780192592033

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Constitutional Change in the Contemporary Socialist World by Ngoc Son Bui Pdf

After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

Constitutional Statecraft in Asian Courts

Yvonne Tew
Constitutional Statecraft in Asian Courts Book PDF

Author : Yvonne Tew
Publisher : Oxford University Press
Page : 273 pages
File Size : 46,7 Mb
Release : 2021-07-23
Category : Law
ISBN : 9780198716839

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Constitutional Statecraft in Asian Courts by Yvonne Tew Pdf

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.

Constitutional Interpretation in Singapore

Jaclyn L Neo
Constitutional Interpretation in Singapore Book PDF

Author : Jaclyn L Neo
Publisher : Routledge
Page : 410 pages
File Size : 55,9 Mb
Release : 2016-06-17
Category : Law
ISBN : 9781317428091

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Constitutional Interpretation in Singapore by Jaclyn L Neo Pdf

At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.

Routledge Handbook of Asian Parliaments

Po Jen Yap,Rehan Abeyratne
Routledge Handbook of Asian Parliaments Book PDF

Author : Po Jen Yap,Rehan Abeyratne
Publisher : Taylor & Francis
Page : 437 pages
File Size : 47,8 Mb
Release : 2023-03-24
Category : Political Science
ISBN : 9781000850604

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Routledge Handbook of Asian Parliaments by Po Jen Yap,Rehan Abeyratne Pdf

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.

Debating Legal Pluralism and Constitutionalism

Guillaume Tusseau
Debating Legal Pluralism and Constitutionalism Book PDF

Author : Guillaume Tusseau
Publisher : Springer Nature
Page : 343 pages
File Size : 44,6 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030344320

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Debating Legal Pluralism and Constitutionalism by Guillaume Tusseau Pdf

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.