Judicial Review of Elections in Asia

Author: Po Jen Yap
Publisher: Routledge
ISBN: 9781138950283
Published In: April 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority.

This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes.

By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.

Introduction

Courts and Elections in Asia

Po Jen Yap

Part I: Common Law Asia

Judicial Review of Elections in Hong Kong: Resolving a Contradiction

Simon N. M. Young

Democracy and Elections in India: Reviewing the Role of the Election Commission and the Courts

Surya Deva

Judicial Review of Elections in Malaysia

Kevin YL Tan

‘Election Disputes’ or Disputed Elections? Judicial (Non-)Review of the Electoral Process in Pakistan

Moeen H. Cheema