Constitutional courts in Asia : a comparative perspective.
- UK ; Cambridge University Press : 2018.
- xviii, 387 p. : 23 cm.
Cover; Half-title; Series information; Title page; Copyright information; Contents; List of Figures; List of Tables; List of Contributors; Preface; 1 Constitutional Courts in Asia: Western Origins and Asian Practice; I The Origins, Evolution and Globalization of Constitutional Courts; II The Nature, Functions and Operation of Constitutional Courts; III Constitutional Courts in East Asia; IV Comparative Analysis; V Conclusion: Lessons and Implications; 2 Constitutional Review in Asia: A Comparative Perspective; I Introduction; II Diffuse and Concentrated Review; 1 Dichotomy; 2 Diffuse Review ConceptStructure; Procedure; Function; 3 Concentrated Review; Concept; Structure; Procedure; Functions; 4 Points of Contrast; III Mapping Constitutional Review in Asia; 1 The Setting; 2 Patterns; IV A Distinction with How Much Difference?; 3 The Informal Dimension of Constitutional Politics in Asia: Insights from the Philippines and Indonesia; I Introduction; II Towards a Relational Understanding; 1 Traditional Approaches; 2 A Relational Turn?; III Informal and Relational Dynamics in Action: Indonesia and the Philippines; 1 How Do Networks Form? The Bench and Beyond; 2 The Effects of Networks Networks and AppointmentsThe Eroding Effects of Informal Networks; Informal Networks and Judicial Decision-Making; IV Conclusion; 4 Towards More Intra-Asian Judicial Cooperation in the Constitutional Sphere; I Introduction; II Modes of Transnational Judicial Contact; III The Case for Direct Judge-to-Judge Contact across Borders; 1 Improve the Quality of Domestic Constitutional Adjudication; 2 The 'Brotherhood' of Justices; 3 Raising Asia's Voice on the International Plane; IV Coping with Normative and Practical Challenges; V Final Remarks 5 An Evolving Court with Changing Functions: The Constitutional Court and Judicial Review in TaiwanI Introduction; II The Court's Powers and Procedures; 1 Powers and Jurisdictions; 2 Adjudication Procedure; III The Road to Transformation; 1 The Rubber Stamping Court; 2 The Tipping Point of Change; 3 The Overall Performance; IV Notable Decisions from the Last Decade; 1 Personal Freedom and Due Process Guarantee; 2 Freedom of Expression and Prior Restraint; 3 Press Freedom and the Media; 4 Minority Rights and Women's Rights; 5 Judicial Review of the 2005 Constitutional Revision; V Conclusion 6 Constitutional Court of Korea: Guardian of the Constitution or Mouthpiece of the Government?I Historical Background; II Powers and Composition of the Constitutional Court; III From Democratic Consolidation to Judicialization of Politics; IV Notable Decisions from the Last Decade; 1 Personal Freedom, Family Relations and Confucianism; 2 Civil and Political Rights; 3 Regulation of Political Parties; 4 Impeachment of the President; 5 Transitional Justice; V Conclusion; 7 Avoiding Rights: The Constitutional Tsets of Mongolia; I Introduction
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia
9781316646663
Social Science
347.50 CON 2018
Cover; Half-title; Series information; Title page; Copyright information; Contents; List of Figures; List of Tables; List of Contributors; Preface; 1 Constitutional Courts in Asia: Western Origins and Asian Practice; I The Origins, Evolution and Globalization of Constitutional Courts; II The Nature, Functions and Operation of Constitutional Courts; III Constitutional Courts in East Asia; IV Comparative Analysis; V Conclusion: Lessons and Implications; 2 Constitutional Review in Asia: A Comparative Perspective; I Introduction; II Diffuse and Concentrated Review; 1 Dichotomy; 2 Diffuse Review ConceptStructure; Procedure; Function; 3 Concentrated Review; Concept; Structure; Procedure; Functions; 4 Points of Contrast; III Mapping Constitutional Review in Asia; 1 The Setting; 2 Patterns; IV A Distinction with How Much Difference?; 3 The Informal Dimension of Constitutional Politics in Asia: Insights from the Philippines and Indonesia; I Introduction; II Towards a Relational Understanding; 1 Traditional Approaches; 2 A Relational Turn?; III Informal and Relational Dynamics in Action: Indonesia and the Philippines; 1 How Do Networks Form? The Bench and Beyond; 2 The Effects of Networks Networks and AppointmentsThe Eroding Effects of Informal Networks; Informal Networks and Judicial Decision-Making; IV Conclusion; 4 Towards More Intra-Asian Judicial Cooperation in the Constitutional Sphere; I Introduction; II Modes of Transnational Judicial Contact; III The Case for Direct Judge-to-Judge Contact across Borders; 1 Improve the Quality of Domestic Constitutional Adjudication; 2 The 'Brotherhood' of Justices; 3 Raising Asia's Voice on the International Plane; IV Coping with Normative and Practical Challenges; V Final Remarks 5 An Evolving Court with Changing Functions: The Constitutional Court and Judicial Review in TaiwanI Introduction; II The Court's Powers and Procedures; 1 Powers and Jurisdictions; 2 Adjudication Procedure; III The Road to Transformation; 1 The Rubber Stamping Court; 2 The Tipping Point of Change; 3 The Overall Performance; IV Notable Decisions from the Last Decade; 1 Personal Freedom and Due Process Guarantee; 2 Freedom of Expression and Prior Restraint; 3 Press Freedom and the Media; 4 Minority Rights and Women's Rights; 5 Judicial Review of the 2005 Constitutional Revision; V Conclusion 6 Constitutional Court of Korea: Guardian of the Constitution or Mouthpiece of the Government?I Historical Background; II Powers and Composition of the Constitutional Court; III From Democratic Consolidation to Judicialization of Politics; IV Notable Decisions from the Last Decade; 1 Personal Freedom, Family Relations and Confucianism; 2 Civil and Political Rights; 3 Regulation of Political Parties; 4 Impeachment of the President; 5 Transitional Justice; V Conclusion; 7 Avoiding Rights: The Constitutional Tsets of Mongolia; I Introduction
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia
9781316646663
Social Science
347.50 CON 2018