Non-Fiction Books:

Constitutional Courts in Asia

A Comparative Perspective
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"'A GLOBAL PHENOMENON’:"
5 stars"

'A GLOBAL PHENOMENON’: CONSTITUTIONAL COURTS IN SOUTH AND SOUTH EAST ASIA ARE PLACED UNDER SCRUTINY IN THIS ABSORBING COMPARATIVE STUDY

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor,

As one of the latest titles from the 'Constitutional Law and Policy’ series published by the Cambridge University Press, this book shines the light of analysis on constitutional courts in South and South East Asia. There are seven of them: Taiwan, South Korea, Mongolia, Cambodia, Thailand, Indonesia, and Myanmar. And in the interests of providing further comparative perspectives, attention is drawn to certain East Asian countries which do not have a constitutional court, namely Japan, the Philippines, China and Viet Nam.

By now you are probably, or possibly, thinking that anyone involved in foreign policy, or in any aspect of global geo-political matters should have a read of this book.

Editors, Albert Chen and Andrew Harding of the University of Hong Kong and the National University of Singapore (NUS) respectively, have brought together in this volume the work of a distinguished international team of scholars, all of whom have contributed essays on specific aspects of this subject, many based on conference papers presented at the Sixth Asian Constitutional Law Forum at the NUS. Read their biographical details and be overwhelmingly impressed.

Commenting on the significance of this book, Professor of Law, Alec Stone Sweet of the NUS refers to one of the key questions which have animated this project, namely: 'why have some constitutional courts succeeded in transforming their political environments…while others have failed-’

The title of the book’s first chapter by Albert Chen – 'Constitutional Courts in Asia: Western Origins and Asian Practice’ – is perhaps indicative. He goes on to point out that in these early decades of the twenty-first century, constitutional courts exist and operate in all corners of the world. 'They are a global phenomenon,’ he adds, 'that deserves scholarly investigation from legal doctrinal, theoretical and comparative perspectives.’

Here then, is an erudite and informative comparative study which illuminates certain contemporary issues raised by the differences and similarities between these more than seven constitutional courts under scrutiny. For practitioners as well as scholars in comparative law, the book also functions as a convenient source of references – via the copious footnotes – for those undertaking detailed research is this area of study. The information and insights therein will certainly make a valuable contribution to the ongoing debate worldwide, on the formidably wide range of issues pertaining to constitutional reform.

The date of publication is cited as at 20th September 2018.

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.

Author Biography:

Albert H. Y. Chen is an LL.B. and LL.M. graduate of The University of Hong Kong (HKU) and Harvard University, Massachusetts, respectively. He began his academic career in 1984 at HKU. He then served as Head of the Department of Law (1993–96), Dean of the Faculty of Law (1996–2002), and is currently the Cheng Chan Lan Yue Professor in Constitutional Law at HKU. His areas of specialization include Hong Kong constitutional law, the study of Chinese law and Asian law from the comparative law perspective, and legal and political theory. He is the author of An Introduction to the Legal System of the People's Republic of China (2011), and co-editor of Human Rights in Asia (2006), Administrative Law and Governance in Asia (2008), Legal Reforms in China and Vietnam (2010), and Public Law in East Asia (2013). He is the editor of Constitutionalism in Asia in the Early Twenty-First Century (Cambridge, 2014). Andrew Harding works in the fields of Asian legal studies and comparative constitutional law. He commenced his academic career at the National University of Singapore (NUS) before moving to the School of Oriental and African Studies, University of London, where he became Head of the Law School and Director of the Centre for South East Asian Studies. In 2012, he joined NUS, as Director of the Centre for Asian Legal Studies and Director of the Asian Law Institute, from the University of Victoria, Canada. He has worked extensively on constitutional law in Malaysia and Thailand, and more recently in Myanmar, and has made extensive contributions to scholarship in Asian comparative law. He is co-founding-editor of the book series Constitutional Systems of the World, a major resource for constitutional law in context, and has authored the books on Malaysia and Thailand in that series (2011, 2012). He has recently edited Constitutionalism and Legal Change in Myanmar (2016).
Release date NZ
September 20th, 2018
Audience
  • Professional & Vocational
Contributors
  • Edited by Albert H.Y. Chen
  • Edited by Andrew Harding
Illustrations
Worked examples or Exercises; 5 Tables, black and white; 7 Line drawings, black and white
Pages
406
Dimensions
160x235x25
ISBN-13
9781107195080
Product ID
27832856

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