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Constitutional Dialogue in Common Law Asia

2015-07-16 Law
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Release : 2015-07-16
Genre : Law
Kind : eBook
Book Rating : 948/5 ( reviews)

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Book Synopsis Constitutional Dialogue in Common Law Asia by : Po Jen Yap

Download or read book Constitutional Dialogue in Common Law Asia written by Po Jen Yap. This book was released on 2015-07-16. Available in PDF, EPUB and Kindle. Book excerpt: 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 Convergence in East Asia

2021-11-25 Law
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Release : 2021-11-25
Genre : Law
Kind : eBook
Book Rating : 176/5 ( reviews)

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Book Synopsis Constitutional Convergence in East Asia by : Po Jen Yap

Download or read book Constitutional Convergence in East Asia written by Po Jen Yap. This book was released on 2021-11-25. Available in PDF, EPUB and Kindle. Book excerpt: 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

2019-03-07 Social Science
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Release : 2019-03-07
Genre : Social Science
Kind : eBook
Book Rating : 126/5 ( reviews)

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Book Synopsis Constitutional Remedies in Asia by : Po Jen Yap

Download or read book Constitutional Remedies in Asia written by Po Jen Yap. This book was released on 2019-03-07. Available in PDF, EPUB and Kindle. Book excerpt: 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

2020-08-27 Law
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Release : 2020-08-27
Genre : Law
Kind : eBook
Book Rating : 711/5 ( reviews)

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Book Synopsis Proportionality in Asia by : Po Jen Yap

Download or read book Proportionality in Asia written by Po Jen Yap. This book was released on 2020-08-27. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.

Courts and Democracies in Asia

2017-09-28 Law
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Release : 2017-09-28
Genre : Law
Kind : eBook
Book Rating : 060/5 ( reviews)

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Book Synopsis Courts and Democracies in Asia by : Po Jen Yap

Download or read book Courts and Democracies in Asia written by Po Jen Yap. This book was released on 2017-09-28. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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