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 Constitution making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Download or read book Constitutional Dialogue in Common Law Asia written by Po Jen Yap and published by OUP Oxford. This book was released on 2015-07-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutionalism in Asia written by Lawrence Ward Beer and published by Maryland Series in Contemporary Asian Studies. This book was released on 1988 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Courts in Asia written by Hongyi 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 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 Confucian Constitutionalism in East Asia written by Bui Ngoc Son and published by Routledge. This book was released on 2016-02-12 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

Download or read book Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2014-02-19 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutional Statecraft in Asian Courts written by Yvonne Tew and published by Oxford University Press. This book was released on 2021-07-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutional Remedies in Asia written by Po Jen Yap and published by Routledge. This book was released on 2020-09-30 with total page 182 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 Morality and the Rise of Quasi Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

Download or read book A Confucian Constitutional Order written by Jiang Qing and published by Princeton University Press. This book was released on 2016-11-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.

Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Download or read book Social Difference and Constitutionalism in Pan Asia written by Susan H. Williams and published by Cambridge University Press. This book was released on 2014-02-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Ngoc Sn Bùi and published by Routledge. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores and explains how and why the idea of unconstitutional constitutional amendment informs a range of political activities through diverse forums and by various social and political actors in both formal and informal constitutional amendment processes in Asia. The authors examine the process of, and judicial review of, constitutional amendment. The range of political activities explored include political debate, discourse, and mobilization surrounding the process of constitutional design and adjudication. The various and diverse forums discussed include legislative, judicial, and popular while the various social and political actors include judges, politicians, lawyers, scholars, political parties, and social movement activists"--

Download or read book Fault Lines in the Constitution The Graphic Novel written by Cynthia Levinson and published by First Second. This book was released on 2020-09-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society. In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues—from gerrymandering, to the Electoral College, to presidential impeachment. With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers. Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document—and then they offer possible solutions.