Courts and Democracies in Asia

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Author :
Release : 2017
Genre : LAW
Kind :
Book Rating : 867/5 ( reviews)

Courts and Democracies in Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Courts and Democracies in Asia write by Po Jen Yap. This book was released on 2017. Courts and Democracies in Asia available in PDF, EPUB and Kindle. "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

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Author :
Release : 2017-09-28
Genre : Law
Kind :
Book Rating : 625/5 ( reviews)

Courts and Democracies in Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Courts and Democracies in Asia write by Po Jen Yap. This book was released on 2017-09-28. Courts and Democracies in Asia available in PDF, EPUB and Kindle. 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

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Author :
Release : 2003-07-23
Genre : Law
Kind :
Book Rating : 393/5 ( reviews)

Judicial Review in New Democracies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Review in New Democracies write by Tom Ginsburg. This book was released on 2003-07-23. Judicial Review in New Democracies available in PDF, EPUB and Kindle. 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

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Author :
Release : 2012
Genre : Law
Kind :
Book Rating : 107/5 ( reviews)

The Judicialization of Politics in Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Judicialization of Politics in Asia write by Björn Dressel. This book was released on 2012. The Judicialization of Politics in Asia available in PDF, EPUB and Kindle. 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

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Release : 2018-09-20
Genre : Law
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Book Rating : 876/5 ( reviews)

Constitutional Courts in Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Courts in Asia write by Albert H. Y. Chen. This book was released on 2018-09-20. Constitutional Courts in Asia available in PDF, EPUB and Kindle. 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.