Download or read book Constitutional Remedies in Asia written by Po Jen Yap and published by Routledge. This book was released on 2019-03-07 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
Download or read book Constitutional Convergence in East Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2021-11-25 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.
Download or read book Proportionality in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2020-08-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.
Download or read book Human Rights in Asia written by Randall Peerenboom and published by Routledge. This book was released on 2006-09-27 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Download or read book Constitutions Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Download or read book National Human Rights Institutions in Southeast Asia written by James Gomez and published by Springer Nature. This book was released on 2020-01-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Download or read book Comparative Constitutional Law in Asia written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Download or read book A People s Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Download or read book The Oxford Handbook of International Law in Asia and the Pacific written by Simon Chesterman and published by Oxford Handbooks. This book was released on 2019-04-28 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.
Download or read book The Constitutional Systems of the Independent Central Asian States written by Scott Newton and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan, and Tajikistan in their cultural, historical, political, economic and social context. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
Download or read book Emerging Regional Human Rights Systems in Asia written by Tae-Ung Baik and published by Cambridge University Press. This book was released on 2012-11 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.
Download or read book Fighting Corruption in Asia written by John Kidd and published by World Scientific. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamental changes within economies are needed to create arm''s-length relations between governments, corporations, and banks. We are taking risks when investing in the future, and risk-taking demands openness and truthfulness from the agents we employ. If investors and accountants can concur on the degree of disclosure that is morally right we may come to some global agreement on what constitutes corruption OCo but to do this we have to bring together those who advocate profit-making with those who see this as usury; and we have to care for the future in novel ways OCo unknown in the past OCo so as to allow firms to be locally inefficient (apparently) while preserving the environment. This book looks widely at the prevailing situation in Asia and considers how little some governments are doing to guide their institutions towards probity and transparency. While fundamental changes are needed around the globe, it is in the developing nations that there is scope for radical change in the near future, as their institutions are re-created to meet the modern world. Once developed and functioning their managers will have the opportunity to facilitate and re-direct the institutions in the developed world, which happen to be more conservative than their own. Contents: The OECD Convention and Asia (E Quinones); The Asian Money Laundering Explosion (P Lilley); Corruption in Context (L Palmier); Monopoly Rights and Wrongs: Two Forms of Intellectual Property Rights Violations in Asia (H-B Cheah); Culture and Level of Industrialization as Determinants of Corruption in Asia (D Sculli); The Economy of Seepage and Leakage in Asia: The Most Dangerous Issue (G Etienne); Combating Corruption in Southeast Asia (C Wescott); The Nature of Corruption Hidden Culture: The Case of Korea (Y-L Moon & G N McLean); Comparative Study of Anti-Corruption Systems, Efforts and Strategies in Asian Countries: Focusing on Hong Kong, Singapore, Malaysia, and Korea (T Kim); and other papers. Readership: Final-year undergraduates, master''s and MBA students in ethics and social science; researchers on Asian topics, managers and policy-makers."
Download or read book Evolutionary Herbalism written by Sajah Popham and published by North Atlantic Books. This book was released on 2019-04-30 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing a groundbreaking, holistic approach to the practice and philosophy of herbal healing for the body, spirit, and soul. The first-ever herbalism guide to integrate herbal, medical, and esoteric traditions from around the globe—including astrology, Ayurveda, and alchemy—into one cohesive model. Sajah Popham presents an innovative approach to herbalism that considers the holistic relationship among plants, humans, and the underlying archetypal patterns in Nature. Organized in 5 parts, this work explores a unique integration of clinical herbalism, Ayurveda, medical astrology, spagyric alchemy, and medical and esoteric traditions from across the world into a truly holistic system of plant medicine. A balance of the heart and the mind, and the science and spirit of people and plants, Evolutionary Herbalism provides a holistic context for how plants can be used for transformational levels of healing for the body, spirit, and soul. For both the student herbalist and experienced practitioner, Popham’s original perspectives guide readers to a more intimate, synergistic, and intuitive relationship with the plant kingdom, people, and Nature as a whole.
Download or read book Pluralist Constitutions in Southeast Asia written by Jaclyn L Neo and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
