Asian Constitutionalism in Transition
Author : Tania Groppi
Publisher : Giuffrè Editore
Page : 391 pages
File Size : 43,24 MB
Release : 2008
Category : Law
ISBN : 8814144303
Author : Tania Groppi
Publisher : Giuffrè Editore
Page : 391 pages
File Size : 43,24 MB
Release : 2008
Category : Law
ISBN : 8814144303
Author : Yvonne Tew
Publisher : Oxford University Press
Page : 273 pages
File Size : 48,84 MB
Release : 2021-07-23
Category : Law
ISBN : 0198716834
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.
Author : Takao Suami
Publisher : Cambridge University Press
Page : 625 pages
File Size : 29,27 MB
Release : 2018-11-29
Category : History
ISBN : 1108417116
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author : Hongyi Chen
Publisher : Cambridge University Press
Page : 407 pages
File Size : 29,62 MB
Release : 2018-09-20
Category : Law
ISBN : 110719508X
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author : Weitseng Chen
Publisher : Cambridge University Press
Page : 409 pages
File Size : 46,61 MB
Release : 2020-07-16
Category : Business & Economics
ISBN : 1108496687
Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
Author : Hongyi Chen
Publisher :
Page : pages
File Size : 34,98 MB
Release : 2014
Category : Constitutional law
ISBN : 9781139910910
"Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike"--
Author : Victor V. Ramraj
Publisher : Cambridge University Press
Page : 531 pages
File Size : 45,15 MB
Release : 2010
Category : Law
ISBN : 052176890X
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Author : Laurel E. Miller
Publisher : US Institute of Peace Press
Page : 737 pages
File Size : 10,22 MB
Release : 2010
Category : History
ISBN : 1601270550
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Author : Wen-Chen Chang
Publisher : Bloomsbury Publishing
Page : 1172 pages
File Size : 18,36 MB
Release : 2014-02-19
Category : Law
ISBN : 1849469857
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.
Author : Andrea Lollini
Publisher : Berghahn Books
Page : 240 pages
File Size : 35,42 MB
Release : 2011
Category : History
ISBN : 1845457641
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.