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Constitutional Statecraft in Asian Courts
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.
Comparative Constitutional Law
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Constitutional Dialogue in Common Law Asia
In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.
Law and Politics of Constitutional Courts
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a min...
The Veil of Participation
Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.
Comparative Constitutional Studies
"Every constitution has an interesting story to tell, and for this book [the author] has selected...examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories. This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and [the author's] interdisciplinary approach serves as an...introduction to a new transnational conversation in comparative constitutional law."--
The New British Constitution
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by...
Democracies and International Law
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
The Invisible Constitution in Comparative Perspective
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
The Law and Politics of Unconstitutional Constitutional Amendments in Asia
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.
