Constitutionalism in Asia

Cases and Materials

Wen-Chen Chang, Li-ann Thio, Kevin YL Tan, Jiunn-rong Yeh

• Publisher: Hart Publishing
• Year: 2014
• Print ISBN:
  9781849462341
• Edition: 1
• eBook ISBN:
  9781782252238
• Topic: Law
• Subtopic: Public Law
• Index: Law

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.

Table of contents

• Cover
• Title Page
• Acknowledgements
• Summary Contents
• Contents
• List of Displayed Extracts
• Table of Cases
• Table of Legislation
• Introduction: Asia, Constitutions and Constitutionalism
• 1. Constitution Making and State Building
• 2. Constitutional Cultures in Asia
• 3. Government System and Structures
• 4. Constitutional Change and Amendments
• 5. Judicial Review
• VI. Justiciability and Locus Stanai
• 6. Democracy and the Right to Political Participation
• 7. The Right to Equality and Equal Protection
• 8. Free Speech and Res Publica
• 9. Religion and State
• 10. Socio-Economie Rights
• eCopyright