The Law And Politics Of Unconstitutional Constitutional Amendments In Asia

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The Law and Politics of Unconstitutional Constitutional Amendments in Asia

Ngoc Sn Bùi
The Law and Politics of Unconstitutional Constitutional Amendments in Asia Book PDF

Author : Ngoc Sn Bùi
Publisher : Routledge
Page : 0 pages
File Size : 46,9 Mb
Release : 2021
Category : Constitutional amendments
ISBN : 0367562626

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The Law and Politics of Unconstitutional Constitutional Amendments in Asia by Ngoc Sn Bùi Pdf

"This book explores and explains how and why the idea of unconstitutional constitutional amendment informs a range of political activities through diverse forums and by various social and political actors in both formal and informal constitutional amendment processes in Asia. The authors examine the process of, and judicial review of, constitutional amendment. The range of political activities explored include political debate, discourse, and mobilization surrounding the process of constitutional design and adjudication. The various and diverse forums discussed include legislative, judicial, and popular while the various social and political actors include judges, politicians, lawyers, scholars, political parties, and social movement activists"--

Unconstitutional Constitutional Amendments

Yaniv Roznai
Unconstitutional Constitutional Amendments Book PDF

Author : Yaniv Roznai
Publisher : Oxford University Press
Page : 369 pages
File Size : 54,6 Mb
Release : 2017
Category : Law
ISBN : 9780198768791

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Unconstitutional Constitutional Amendments by Yaniv Roznai Pdf

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Constitutions, Religion and Politics in Asia

Dian A. H. Shah
Constitutions Religion and Politics in Asia Book PDF

Author : Dian A. H. Shah
Publisher : Cambridge University Press
Page : 307 pages
File Size : 49,8 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.

Politics and Constitutions in Southeast Asia

Marco Bünte,Björn Dressel
Politics and Constitutions in Southeast Asia Book PDF

Author : Marco Bünte,Björn Dressel
Publisher : Routledge
Page : 342 pages
File Size : 49,5 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.

Constitutionalism in Asia

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

Author : Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Publisher : Bloomsbury Publishing
Page : 1280 pages
File Size : 43,7 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.

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 : 52,8 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, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 55,6 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.

Comparative Constitutional Law in Asia

Rosalind Dixon,Tim Ginsburg
Comparative Constitutional Law in Asia Book PDF

Author : Rosalind Dixon,Tim Ginsburg
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 51,5 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

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 : 41,6 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.

Unstable Constitutionalism

Mark Tushnet,Madhav Khosla
Unstable Constitutionalism Book PDF

Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 44,6 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.

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

Rehan Abeyratne,Ngoc Son Bui
The Law and Politics of Unconstitutional Constitutional Amendments in Asia Book PDF

Author : Rehan Abeyratne,Ngoc Son Bui
Publisher : Routledge
Page : 318 pages
File Size : 55,5 Mb
Release : 2021-11-30
Category : Law
ISBN : 9781000483734

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The Law and Politics of Unconstitutional Constitutional Amendments in Asia by Rehan Abeyratne,Ngoc Son Bui Pdf

This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.

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 : 53,6 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 Amendments

Richard Albert
Constitutional Amendments Book PDF

Author : Richard Albert
Publisher : Oxford University Press
Page : 320 pages
File Size : 46,9 Mb
Release : 2019-07-15
Category : Law
ISBN : 9780190640491

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Constitutional Amendments by Richard Albert Pdf

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

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 : 49,7 Mb
Release : 2015-07-16
Category : Law
ISBN : 9780191055935

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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 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 : 336 pages
File Size : 54,8 Mb
Release : 2020-07-23
Category : Law
ISBN : 9780192592026

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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.