Courts and Democracies in Asia


Book Description

"What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law"--




Courts and Democracies in Asia


Book Description

This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.




Judicial Review in New Democracies


Book Description

New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.




The Judicialization of Politics in Asia


Book Description

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.




Constitutional Courts in Asia


Book Description

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.




Constitutional Statecraft in Asian Courts


Book Description

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.




Constitutional Convergence in East Asia


Book Description

Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.




Courts and Politics in Southeast Asia


Book Description

Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.




Proportionality in Asia


Book Description

This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.




Governance and Democracy in the Asia-Pacific


Book Description

This book explores the theoretical and empirical relationship between democracy and governance in the Asia-Pacific region. Examining a variety of country cases and themes addressing the theoretical tension between governance and democracy, it illuminates how this impacts political and civil societies across the region. Analysing the character, structure and current trajectories of polities in the Asia-Pacific, democratic or otherwise, this book demonstrates that the role of civil society, political society and governance has significantly differed in practice from what has been commonly assumed within the international community. The book includes both theoretical investigations tracing the modern development of the concepts of governance, development and democratization as well as regional and country-specific observations of major issues, presenting comprehensive country-level studies of China, Singapore, Thailand, Cambodia, the Philippines, Myanmar, Fiji and the Solomon Islands. Presenting fascinating insight into non-democratic governance, civil society and the rule of law in illiberal contexts, Governance and Democracy in the Asia-Pacific will prove to be of great use to students and scholars of Asian politics and society, as well as international and comparative politics.