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Constitutional Courts in Asia: A Comparative Perspective: Comparative Constitutional Law and Policy

Editat de Albert H. y. Chen, Andrew Harding
en Limba Engleză Hardback – 19 sep 2018
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.
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Specificații

ISBN-13: 9781107195080
ISBN-10: 110719508X
Pagini: 406
Ilustrații: 7 b/w illus. 5 tables
Dimensiuni: 160 x 235 x 25 mm
Greutate: 0.69 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Comparative Constitutional Law and Policy

Locul publicării:New York, United States

Cuprins

1. Constitutional courts in Asia: Western origins and Asian practice Albert H. Y. Chen; 2. Constitutional review in Asia: a comparative perspective Cheryl Saunders; 3. The informal dimension of constitutional politics in Asia: insights from the Philippines and Indonesia Björn Dressel; 4. Towards more intra-Asian judicial cooperation in the constitutional sphere Maartje de Visser; 5. An evolving court with changing functions: the constitutional court and judicial review in Taiwan Jiunn-rong Yeh and Wen-Chen Chang; 6. Constitutional Court of Korea: guardian of the constitution or mouthpiece of the government? Chaihark Hahm; 7. Avoiding rights: the constitutional tsets of Mongolia Tom Ginsburg and Chimid Enhbaatar; 8. The Constitutional Court of Thailand: from activism to arbitrariness Khemthong Tonsakulrungruang; 9. Indonesia's Constitutional Court and Indonesia's electoral systems Simon Butt; 10. Constitutional Council of Cambodia at the age of majority: a history of weathering the rule of law storms in peacetime Teilee Kuong; 11. The short but turbulent history of Myanmar's Constitutional Tribunal Andrew Harding; 12. The Supreme Court of Japan: a judicial court, not necessarily a constitutional court Yasuo Hasebe; 13. Establishing judicial review in China: impediments and prospects Qianfan Zhang; 14. Why do countries decide not to adopt constitutional review? The case of Vietnam Ngoc Son Bui.

Recenzii

'We live in an age of constitutional courts. Yet courts around the world differ markedly in their approach to upholding democracy and human rights. This volume provides a timely and fascinating study of how these differences play out in Asia: from the super-strong judicial review practiced in Thailand, to the weak review found in Japan, it explores the social and political context for these differences, and the extent to which they are likely to remain stable over time. Theoretically and factually rich, it draws on insights from scholars around the world who are experts in Asia. It also combines canonical and new cases to provide a wide-ranging exploration of the variation we now find in 'Asian constitutionalism'.' Rosalind Dixon, University of New South Wales, Australia
'This is an excellent book that discusses the design and operation of constitutional review in East and Southeast Asia. It aptly combines a systematic presentation of the seven constitutional courts existing in the region with theoretical and comparative analysis of the problem. Undoubtedly, the book will serve as an essential reference for academic research as well as for debates on constitutional reform in other countries.' Lech Garlicki, University of Warsaw, Judge of the Constitutional Court of Poland (1993–2001) and of the European Court of Human Rights (2002–12)
'For comparative legal scholars and social scientists, this is a rare and precious book: a conceptually sophisticated and empirically rich collection of case studies and comparative reflections on constitutional courts in Asia. The volume directs attention to the variation that matters most - why have some constitutional courts succeeded in transforming their political environments, creating new forms of constitutional law and politics, while others have failed? Everyone engaged in the study of Asian law and politics needs to read this book.' Alec Stone Sweet, Saw Swee Hock Professor of Law, National University of Singapore

Descriere

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