Comparative Constitutional Law in Asia

Comparative Constitutional Law in Asia
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 365
Release: 2014-02-28
Genre: Law
ISBN: 1781002703

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 Dialogue in Common Law Asia

Constitutional Dialogue in Common Law Asia
Author: Po Jen Yap
Publisher: OUP Oxford
Total Pages: 273
Release: 2015-07-16
Genre: Law
ISBN: 019105593X

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.

Administrative Law and Governance in Asia

Administrative Law and Governance in Asia
Author: Tom Ginsburg
Publisher: Routledge
Total Pages: 395
Release: 2008-10-30
Genre: Law
ISBN: 1135970645

This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.

Constitutional Courts in Asia

Constitutional Courts in Asia
Author: Hongyi Chen
Publisher: Cambridge University Press
Total Pages: 407
Release: 2018-09-20
Genre: Law
ISBN: 110719508X

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

Authoritarian Legality in Asia

Authoritarian Legality in Asia
Author: Weitseng Chen
Publisher: Cambridge University Press
Total Pages: 409
Release: 2020-07-16
Genre: Business & Economics
ISBN: 1108496687

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Courts and Democracies in Asia

Courts and Democracies in Asia
Author: Po Jen Yap
Publisher: Cambridge University Press
Total Pages: 251
Release: 2017-09-28
Genre: Law
ISBN: 1107192625

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.

Constitutions, Religion and Politics in Asia

Constitutions, Religion and Politics in Asia
Author: Dian A. H. Shah
Publisher: Cambridge University Press
Total Pages: 307
Release: 2017-10-26
Genre: History
ISBN: 1107183340

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

Law’s Abnegation

Law’s Abnegation
Author: Adrian Vermeule
Publisher: Harvard University Press
Total Pages: 267
Release: 2016-11-14
Genre: Law
ISBN: 0674974719

Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.