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Author : Po Jen Yap
Release : 2017-09-28
Genre : Law
Kind : eBook
Book Rating : 625/5 ( reviews)
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: 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.
Author : Tom Ginsburg
Release : 2003-07-23
Genre : Law
Kind : eBook
Book Rating : 393/5 ( reviews)
Book Synopsis Judicial Review in New Democracies by : Tom Ginsburg
Download or read book Judicial Review in New Democracies written by Tom Ginsburg. This book was released on 2003-07-23. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Björn Dressel
Release : 2012
Genre : Law
Kind : eBook
Book Rating : 107/5 ( reviews)
Book Synopsis The Judicialization of Politics in Asia by : Björn Dressel
Download or read book The Judicialization of Politics in Asia written by Björn Dressel. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
Author : Albert H. Y. Chen
Release : 2018-09-20
Genre : Law
Kind : eBook
Book Rating : 876/5 ( reviews)
Book Synopsis Constitutional Courts in Asia by : Albert H. Y. Chen
Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen. This book was released on 2018-09-20. Available in PDF, EPUB and Kindle. Book excerpt: The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.
Author : Po Jen Yap
Release : 2021-11-25
Genre : Law
Kind : eBook
Book Rating : 176/5 ( reviews)
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.
