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Constitutional Statecraft in Asian Courts de Yvonne Tew

Constitutional Statecraft in Asian Courts

Autor Yvonne Tew
en Limba Engleză Hardback – 22 iul 2020
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
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Specificații

ISBN-13: 9780198716839
ISBN-10: 0198716834
Pagini: 272
Dimensiuni: 63 x 240 x 20 mm
Greutate: 0.57 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

This is a work of scholarly statecraft: it aims both to persuade readers globally of the importance and lessons of these Asian cases for theorizing about the relationship between judicial review and democracy globally, and to persuade common law Asian judges to follow the path set out by Tew herself...We can only hope that, like Tew, they are up to the task.
Tew raises questions about western notions of constitutionalism while presenting fresh insights into Southeast Asian judiciaries. It's an insightful work that belongs on the bookshelves of all comparative scholars.
Overall, this book provides a rich account of the judicial role within the broader political and cultural context in these two countries. It will be of great interest to scholars of comparative constitutionalism in Asia and beyond. One can only hope that Tew's optimism for historically passive courts to become 'partners in the enterprise of statecraft' proves correct.
Tew excels in pointing the way forward especially for the Malaysian judiciary since the unexpected loss of the BN regime in 2018. Indeed, her contribution specifically in 'Balancing Security and Liberty' (chapter 8) has been cited with approval by the Malaysian Federal Court in its recent judgment. If anything, this shows that her notion of strategic assertiveness is really happening in Malaysia.
With Constitutional Statecraft in Asian Courts Yvonne Tew has written a book that will be impossible to ignore in any serious discussion about constitutional democracy in the parts of Asia her pen touches. She writes with clarity, sensitivity, and skill as she casts a sharp analytical light into the heart of several common law jurisdictions.
Can law and constitutional institutions shore up the world's new democracies? Professor Yvonne Tew provides the most comprehensive national account of efforts to impose political and legal accountability in one-party states that claim an electoral mandate. A fascinating tale of the transition of Asian courts from constricted constitutionalism to dynamic constitutional statecraft. Not only the definitive work on Malaysia, but an indispensable addition to comparative constitutionalism.
Professor Yvonne Tew's book contains a scintillating and lucid account of how courts in Malaysia and Singapore navigate politically sensitive terrains to buttress the spirit of constitutionalism. An impressive work of scholarship.
Professor Tew's evaluation of judicial contributions to building constitutionalism in Malaysia and Singapore provides a dynamic, richly contextual understanding of contested ideas and institutions. This fascinating, perceptive, timely, and forward-looking study deserves to be read by anyone with an interest in constitutionalism, the interplay of judicial and political statecraft, or constitutional politics in Asia.
Constitutional Statecraft in Asian Courts is a refreshing work of comparative scholarship in which Yvonne Tew offers insights into constitutional development in Singapore and Malaysia. In so doing, she offers important insights into the comparative study of judiciaries and perspectives on the role of courts and notions of the rule of law that westerners in general and Americans in particular will find challenging and enlightening.

Notă biografică

Yvonne Tew is Professor of Law at Georgetown University Law Center. She has expertise in comparative and U.S. constitutional law as well as law and religion. She holds a Ph.D. from the University of Cambridge, where she was a Gates Cambridge Scholar. She received a Master of Laws from Harvard Law School and a B.A. from the University of Cambridge. She has held research fellowships at Columbia Law School and New York University School of Law.