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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Judicial Review of Elections in Asia

Edited by: Po Jen Yap

ISBN13: 9781138950283
Published: April 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00

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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.

Judicial Review, Other Jurisdictions , Asia
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
Judicial Review of the Electoral Process in Singapore after Vellama
Po Jen Yap

Part II: Civil Law Asia
The Curious Case of Quasi-Weak-Form Review: Judicial Review of Electoral Process in Indonesia
Stefanus Hendrianto
Election Campaign Regulation and the Supreme Court of Japan
Shigenori Matsui
The Electoral Process and the Judicial Review of Elections in the Republic of Korea
Woo-Young Rhee
Judicial Strategies to Resolving Presidential Election Disputes: The Case of Taiwan
Wen-Chen Chang and Yi-Li Lee
Thailand: An Abuse of Judicial Review
Khemthong Tonsakulrungruang

Part III: Comparative Perspectives
Courts, Judicial Review and the Electoral Process in Australia: An Antipodean Perspective
Sarah Murray
Judicial Review of the Electoral Process in Canada
Yasmin Dawood
Regulation by Charter: Judicial Review of Elections in South Africa
Kareem Crayton