The Law And Politics Of Unconstitutional Constitutional Amendments In Asia
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Author | : Rehan Abeyratne |
Publisher | : Routledge |
Total Pages | : 318 |
Release | : 2021-11-30 |
Genre | : Law |
ISBN | : 1000483738 |
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.
Author | : Yaniv Roznai |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198768796 |
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.
Author | : Ngoc Sn Bùi |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2021 |
Genre | : Constitutional amendments |
ISBN | : 9780367562625 |
"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"--
Author | : Ngoc Son Bui |
Publisher | : Bloomsbury Publishing |
Total Pages | : 534 |
Release | : 2024-08-22 |
Genre | : Law |
ISBN | : 1509949747 |
This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions. Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as: - Who initiates an amendment proposal? - How is the amendment proposal adopted? - How are the amendments codified? and the neo-institutional questions regarding amendment practices such as: - Why is the constitution amended? - Who engages in the amendment process? - How does the amendment affect the political system and the society? Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
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.
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.
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 201 |
Release | : 2019-10-16 |
Genre | : Law |
ISBN | : 1000707970 |
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.
Author | : Wen-Chen Chang |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1172 |
Release | : 2014-02-19 |
Genre | : Law |
ISBN | : 1849469857 |
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.
Author | : Mark Tushnet |
Publisher | : Cambridge University Press |
Total Pages | : 415 |
Release | : 2015-09-17 |
Genre | : Law |
ISBN | : 1107068959 |
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author | : Hongyi Chen |
Publisher | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2014-04-17 |
Genre | : History |
ISBN | : 1107043417 |
A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.