Courts and Democracies in Asia

Law

Courts and Democracies in Asia

By Po Jen Yap
Cambridge University Press January 2019

Specifications

ISBN-13
9781316642559
Publisher
Cambridge University Press
Publication
January 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

1. Introduction

Part I. Dominant-Party Democracies:
2. Supreme Court of Singapore and the promise of enforceable constitutional conventions
3. Malaysian courts and electoral fraud
4. Hong Kong Courts and constitutional contradictions

Part II. Dynamic Democracies:
5. Supreme Court of India and criminality in politics
6. Constitutional court of Taiwan and calibrated judicial review
7. Constitutional court of Korea and systemic electoral barriers

Part III. Fragile Democracies:
8. Constitutional court of Thailand and partisan judges
9. Supreme Court of Pakistan: accommodation and defiance of military authority
10. Supreme Court of Bangladesh and defensive judicial review

Part IV. Democratic Values and Courts in Comparative Perspective:
1. Democratic values and the conundrum of unconstitutional constitutional amendments
12. Conclusion
Bibliography
Index.
HKD 428.74 −3%
HKD 442.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Law

View all
The Constitution and Government of Australia, 1788 to 1919
The Federation Press

The Constitution and Government of Australia, 1788 to 1919

William Pitt Cobbett
HKD 1,170.00
Ong on Estoppel
The Federation Press

Ong on Estoppel

Denis S.K. Ong
HKD 1,662.50
Prince's Dictionary of Legal Abbreviations 8th ed
William S. Hein & Co Inc

Prince's Dictionary of Legal Abbreviations 8th ed

Mary Miles Prince
HKD 2,726.50
Freedom of Religion or Belief: An International Law Commentary
Oxford University Press

Freedom of Religion or Belief: An International Law Commentary

Heiner Bielefeldt; Nazila Ghanea; Michael Wiener
HKD 807.04
Australian Courts: Controversies, Challenges and Change
Springer International

Australian Courts: Controversies, Challenges and Change

Marg Camilleri; Alistair Harkness
HKD 1,595.00
Special Protection of Trade Marks with a Reputation under European Union Law
Kluwer Law International

Special Protection of Trade Marks with a Reputation under European Union Law

Michal Bohaczewski
HKD 1,365.61