Constitutional Statecraft In Asian Courts

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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 : 45,9 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.

Asian Courts in Context

Jiunn-rong Yeh,Wen-Chen Chang
Asian Courts in Context Book PDF

Author : Jiunn-rong Yeh,Wen-Chen Chang
Publisher : Cambridge University Press
Page : 633 pages
File Size : 44,8 Mb
Release : 2014-12-11
Category : Law
ISBN : 9781107066083

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Asian Courts in Context by Jiunn-rong Yeh,Wen-Chen Chang Pdf

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Constitutional Courts in Asia

Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Constitutional Courts in Asia Book PDF

Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 54,9 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781107195080

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Constitutional Courts in Asia by Albert H. Y. Chen,Hongyi Chen,Andrew Harding Pdf

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Judicial Review in New Democracies

Tom Ginsburg
Judicial Review in New Democracies Book PDF

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 322 pages
File Size : 46,7 Mb
Release : 2003-07-23
Category : Law
ISBN : 0521520398

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Judicial Review in New Democracies by Tom Ginsburg Pdf

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.

Constitutions in Times of Financial Crisis

Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Constitutions in Times of Financial Crisis Book PDF

Author : Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Publisher : Cambridge University Press
Page : 342 pages
File Size : 51,9 Mb
Release : 2022-06-30
Category : Law
ISBN : 1108729207

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Constitutions in Times of Financial Crisis by Tom Ginsburg,Mark D. Rosen,Georg Vanberg Pdf

Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

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 : 45,8 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.

Constitutional Transition and the Travail of Judges

Marie Seong-Hak Kim
Constitutional Transition and the Travail of Judges Book PDF

Author : Marie Seong-Hak Kim
Publisher : Cambridge University Press
Page : 363 pages
File Size : 44,8 Mb
Release : 2019-06-27
Category : Law
ISBN : 9781108474894

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Constitutional Transition and the Travail of Judges by Marie Seong-Hak Kim Pdf

Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.

Courting Constitutionalism

Moeen Cheema
Courting Constitutionalism Book PDF

Author : Moeen Cheema
Publisher : Cambridge University Press
Page : 289 pages
File Size : 42,8 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108831888

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Courting Constitutionalism by Moeen Cheema Pdf

Presents a deeply contextualized account of public law and judicial review in Pakistan.

How Constitutional Rights Matter

Adam Chilton,Mila Versteeg
How Constitutional Rights Matter Book PDF

Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press, USA
Page : 397 pages
File Size : 42,7 Mb
Release : 2020
Category : Law
ISBN : 9780190871451

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How Constitutional Rights Matter by Adam Chilton,Mila Versteeg Pdf

Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Hybrid Constitutionalism

Eric C. Ip
Hybrid Constitutionalism Book PDF

Author : Eric C. Ip
Publisher : Cambridge University Press
Page : 301 pages
File Size : 44,6 Mb
Release : 2019-04-25
Category : Law
ISBN : 9781107194922

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Hybrid Constitutionalism by Eric C. Ip Pdf

Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Prince, Pen, and Sword: Eurasian Perspectives

Maaike van Berkel,Jeroen Duindam
Prince Pen and Sword Eurasian Perspectives Book PDF

Author : Maaike van Berkel,Jeroen Duindam
Publisher : BRILL
Page : 668 pages
File Size : 54,8 Mb
Release : 2018-01-22
Category : History
ISBN : 9789004315716

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Prince, Pen, and Sword: Eurasian Perspectives by Maaike van Berkel,Jeroen Duindam Pdf

Prince, Pen, and Sword offers a synoptic interpretation of rulers and elites in Eurasia from the fourteenth to the eighteenth century. Four core chapters zoom in on the tensions and connections at court, on the nexus between rulers and religious authority, on the status, function, and self-perceptions of military and administrative elites respectively. Two additional concise chapters provide a focused analysis of the construction of specific dynasties (the Golden Horde and the Habsburgs) and narratives of kingship found in fiction throughout Eurasia. The contributors and editors, authorities in their fields, systematically bring together specialised literature on numerous Eurasian kingdoms and empires. This book is a careful and thought-provoking experiment in the global, comparative and connected history of rulers and elites.

Courts, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 53,9 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Unstable Constitutionalism

Mark Tushnet,Madhav Khosla
Unstable Constitutionalism Book PDF

Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 45,7 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107068957

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Unstable Constitutionalism by Mark Tushnet,Madhav Khosla Pdf

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

A People's Constitution

Rohit De
A People s Constitution Book PDF

Author : Rohit De
Publisher : Princeton University Press
Page : 308 pages
File Size : 48,6 Mb
Release : 2020-08-04
Category : History
ISBN : 9780691210384

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A People's Constitution by Rohit De Pdf

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.

Comparative Constitutional Law

Tom Ginsburg,Rosalind Dixon
Comparative Constitutional Law Book PDF

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 51,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

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.