Constitutionalism In Asia

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Constitutionalism in Asia

Author : Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Publisher : Bloomsbury Publishing
Page : 1170 pages
File Size : 45,9 Mb
Release : 2014-02-19
Category : Law
ISBN : 9781849469852

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Constitutionalism in Asia by Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh Pdf

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Constitutionalism in Asia

Author : Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Publisher : Bloomsbury Publishing
Page : 1280 pages
File Size : 51,7 Mb
Release : 2014-02-19
Category : Law
ISBN : 9781782252238

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Constitutionalism in Asia by Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh Pdf

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Confucian Constitutionalism in East Asia

Author : Bui Ngoc Son
Publisher : Routledge
Page : 234 pages
File Size : 50,6 Mb
Release : 2016-02-12
Category : Law
ISBN : 9781317529064

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Confucian Constitutionalism in East Asia by Bui Ngoc Son Pdf

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

Constitutionalism in Asia in the Early Twenty-First Century

Author : Hongyi Chen
Publisher : Cambridge University Press
Page : 453 pages
File Size : 55,9 Mb
Release : 2014-04-17
Category : History
ISBN : 9781107043411

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Constitutionalism in Asia in the Early Twenty-First Century by Hongyi Chen Pdf

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

Constitutionalism in Asia in the Early Twenty-First Century

Author : Albert Chen
Publisher : Unknown
Page : 454 pages
File Size : 41,7 Mb
Release : 2014-05-10
Category : Constitutional law
ISBN : 1139922653

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Constitutionalism in Asia in the Early Twenty-First Century by Albert Chen Pdf

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

Global Constitutionalism from European and East Asian Perspectives

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 52,9 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.

Constitutions, Religion and Politics in Asia

Author : Dian A. H. Shah
Publisher : Cambridge University Press
Page : 307 pages
File Size : 55,7 Mb
Release : 2017-10-26
Category : History
ISBN : 9781107183346

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Constitutions, Religion and Politics in Asia by Dian A. H. Shah Pdf

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Constitutionalism in Asia in the Early Twenty-first Century: The achievement of constitutionalism in Asia: moving beyond 'constitutions without constitutionalism' Albert H.Y. Chen; 2. East Asian constitutionalism in comparative perspective Tom Ginsburg; 3. Major constitutional developments in Japan in the first decade of the twenty-first century Shojiro Sakaguchi; 4. Upgrading constitutionalism: the ups and downs of constitutional developments in South Korea since 2000 Jongcheol Kim; 5. Constitutional change in North Korea Dae-kyu Yoon; 6. Chinese constitutional dynamics: a decennial review Wang Zhenmin and Tu Kai; 7. A decade of changing constitutionalism in Taiwan: transitional and transnational perspectives Jiunn-rong Yeh and Wen-Chen Chang; 8. Hong Kong's constitutional journey: 1997-2011 Johannes Chan; 9. Constitutional developments in Vietnam in the first decade of the twenty-first century Bui Ngoc Son; 10. Constitutionalism in Burma, Cambodia and Thailand: developments in the first decade of the twenty-first century Kevin Y.L. Tan; 11. Constitutional developments in Malaysia in the first decade of the twenty-first century: a nation at the crossroads H.P. Lee; 12. 'We are feeling our way forward, step by step': the continuing Singapore experiment in the construction of communitarian constitutionalism in the twenty-first century's first decade Thio Li-ann; 13. Philippine constitutional law: Republican institutions and populist politics Raul C. Pangalangan; 14. Promoting democracy and finding the right direction: a review of major constitutional developments in Indonesia Nadirsyah Hosen; 15. The Indian constitution in the twenty-first century: the continuing quest for empowerment, good governance and sustainability Surya Deva; 16. The old order is dying, the new order is not yet born: politics of constitution demolishing and constitution building in Nepal Yash Ghai; 17. The impact of internationalisation on national constitutions Cheryl Saunders

Author : Hongyi Chen
Publisher : Unknown
Page : 128 pages
File Size : 48,6 Mb
Release : 2014
Category : Constitutional law
ISBN : 1139910914

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Constitutionalism in Asia in the Early Twenty-first Century: The achievement of constitutionalism in Asia: moving beyond 'constitutions without constitutionalism' Albert H.Y. Chen; 2. East Asian constitutionalism in comparative perspective Tom Ginsburg; 3. Major constitutional developments in Japan in the first decade of the twenty-first century Shojiro Sakaguchi; 4. Upgrading constitutionalism: the ups and downs of constitutional developments in South Korea since 2000 Jongcheol Kim; 5. Constitutional change in North Korea Dae-kyu Yoon; 6. Chinese constitutional dynamics: a decennial review Wang Zhenmin and Tu Kai; 7. A decade of changing constitutionalism in Taiwan: transitional and transnational perspectives Jiunn-rong Yeh and Wen-Chen Chang; 8. Hong Kong's constitutional journey: 1997-2011 Johannes Chan; 9. Constitutional developments in Vietnam in the first decade of the twenty-first century Bui Ngoc Son; 10. Constitutionalism in Burma, Cambodia and Thailand: developments in the first decade of the twenty-first century Kevin Y.L. Tan; 11. Constitutional developments in Malaysia in the first decade of the twenty-first century: a nation at the crossroads H.P. Lee; 12. 'We are feeling our way forward, step by step': the continuing Singapore experiment in the construction of communitarian constitutionalism in the twenty-first century's first decade Thio Li-ann; 13. Philippine constitutional law: Republican institutions and populist politics Raul C. Pangalangan; 14. Promoting democracy and finding the right direction: a review of major constitutional developments in Indonesia Nadirsyah Hosen; 15. The Indian constitution in the twenty-first century: the continuing quest for empowerment, good governance and sustainability Surya Deva; 16. The old order is dying, the new order is not yet born: politics of constitution demolishing and constitution building in Nepal Yash Ghai; 17. The impact of internationalisation on national constitutions Cheryl Saunders by Hongyi Chen Pdf

"Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike"--

Emergency Powers in Asia

Author : Victor V. Ramraj,Arun K. Thiruvengadam
Publisher : Cambridge University Press
Page : 531 pages
File Size : 51,6 Mb
Release : 2010
Category : Law
ISBN : 9780521768900

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Emergency Powers in Asia by Victor V. Ramraj,Arun K. Thiruvengadam Pdf

What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Unstable Constitutionalism

Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 52,5 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.

Constitutional Courts in Asia

Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 40,7 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.

Comparative Constitutional Law in Asia

Author : Rosalind Dixon,Tim Ginsburg
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 40,5 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781781002704

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Comparative Constitutional Law in Asia by Rosalind Dixon,Tim Ginsburg Pdf

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Constitution-making in Asia

Author : H. Kumarasingham
Publisher : Routledge
Page : 212 pages
File Size : 55,5 Mb
Release : 2016-03-31
Category : History
ISBN : 9781317245100

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Constitution-making in Asia by H. Kumarasingham Pdf

Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Politics and Constitutions in Southeast Asia

Author : Marco Bünte,Björn Dressel
Publisher : Routledge
Page : 342 pages
File Size : 47,8 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781317537656

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Politics and Constitutions in Southeast Asia by Marco Bünte,Björn Dressel Pdf

In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Gender, Sexuality and Constitutionalism in Asia

Author : Wen-Chen Chang,Kelley Loper,Mara Malagodi,Ruth Rubio-Marín
Publisher : Bloomsbury Publishing
Page : 383 pages
File Size : 48,8 Mb
Release : 2023-12-28
Category : Law
ISBN : 9781509941933

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Gender, Sexuality and Constitutionalism in Asia by Wen-Chen Chang,Kelley Loper,Mara Malagodi,Ruth Rubio-Marín Pdf

This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.