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Constitutionalism in Asia
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 regi...
Asian Courts in Context
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
The Functional Transformation of Courts
The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies – Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
Climate Change Liability and Beyond
Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change l...
Asian Discourses of Rule of Law
Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
Constitutionalism in Asia in the Early Twenty-First Century
A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.
Constitutional Convergence in East Asia
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements
Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the com...
Comparative Judicial Review
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
