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The Judicialization of Politics in Asia
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.
Courts and Politics in Southeast Asia
Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
Politics and Constitutions in Southeast Asia
In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, ...
Courting Constitutionalism
Presents a deeply contextualized account of public law and judicial review in Pakistan.
From Aquino II to Duterte (2010–2018)
The Duterte administration is often considered a rupture in Philippines’ politics. Yet, how different is Duterte’s programme of change from the past governments, particularly from its predecessor, the Aquino II administration? Is there a shift in regime orientation and policy preferences from Aquino II to Duterte? What will this mean to the future direction of Philippine democracy, its economic development, peace and security, and relations with other countries? This volume focuses on four critical areas—politics and governance; economic governance; Mindanao peace process; and international relations—to illustrate continuities or discontinuities in policies and governance of institut...
Constitutional Courts in Asia
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Routledge Handbook of Asian Parliaments
This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that su...
Abusive Constitutional Borrowing
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Political Legitimacy in Asia
This book explores the challenges and obstacles faced by dissident leaders in Asia seeking to introduce reforms into regimes that are either imperfectly democratic or frankly hostile to democratic practices and institutions.
Thailand: History, Politics and the Rule of Law
This introductory book on Thai politics and the rule of law explains why chronically unstable Thailand struggles to mediate and adjudicate its political disputes. It focuses on the continuities between the pre-1932 and post-1932 periods. Since the shift to constitutional monarchy in 1932, the power of the monarch and military has endured, the legislature, electorate and, until recently, judiciary have been comparatively powerless, and constitutions and laws have been comparatively unimportant. Historical continuities are also evident in the persistence of hierarchical thinking and ethno-nationalism, both of which have inhibited open debates about governance. And the rule of law does not alwa...
