Constitutional Courts in Asia

A Comparative Perspective

Albert H. Y. Chen, Andrew Harding

• Publisher: Cambridge University Press
• Year: 2018
• Print ISBN: 9781107195080
• eBook ISBN: 9781108173698
• Topic: Law
• Subtopic: Public Law
• Index: Law

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.

Table of contents

• 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
• 2 Constitutional Review in Asia: A Comparative Perspective
• 3 The Informal Dimension of Constitutional Politics in Asia: Insights from the Philippines and Indonesia
• 4 Towards More Intra-Asian Judicial Cooperation in the Constitutional Sphere
• 5 An Evolving Court with Changing Functions: The Constitutional Court and Judicial Review in Taiwan
• 6 Constitutional Court of Korea: Guardian of the Constitution or Mouthpiece of the Government?
• 7 Avoiding Rights: The Constitutional Tsets of Mongolia
• 8 The Constitutional Court of Thailand: From Activism to Arbitrariness
• 9 Indonesia's Constitutional Court and Indonesia's Electoral Systems
• 10 Constitutional Council of Cambodia at the Age of Majority: A History of Weathering the Rule of Law Storms in Peacetime
• 11 The Short but Turbulent History of Myanmar's Constitutional Tribunal
• 12 The Supreme Court of Japan: A Judicial Court, Not Necessarily a Constitutional Court
• 13 Establishing Judicial Review in China: Impediments and Prospects
• 14 Why Do Countries Decide Not to Adopt Constitutional Review?: The Case of Vietnam
• Index