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Comparative Constitutional Law in Asia

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Edited by: Rosalind Dixon, Tom Ginsburg

ISBN13: 9781781002698
Published: February 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781783472758



Despatched in 3 to 5 days.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.

The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention. This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.

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Subjects:
Constitutional and Administrative Law, Other Jurisdictions , Asia
Contents:
1. Introduction Rosalind Dixon and Tom Ginsburg

PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION
2. Participation in Constitutional Design: Asian Experience in Comparative Perspective Justin Blount and Tom Ginsburg
3. Constitutional Courts in East Asia Tom Ginsburg
4. Judicial Engagement Cheryl Saunders
5. Weak-form Review and its Constitutional Relatives: an Asian Perspective Mark Tushnet and Rosalind Dixon

PART II: CONSTITUTIONAL STRUCTURE
6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective Jose Antonio Cheibub and Fernando Limongi
7. Classical and Post-Conflict Federalism: Implications for Asia Sujit Choudhry
8. Constitutions and Emergency Regimes in Asia Victor V. Ramraj

PART III: CONSTITUTIONAL RIGHTS
9. The Comparative Constitutional Law of Freedom of Expression in Asia Adrienne Stone, Rishad Chowdhry and Martin Clark
10. The Right to Property in Asia Tom Allen
11. Equality in Asia Kate O'Regan and Madhav Khosla
12. Comparative Constitutional Law and Religion in Asia Ran Hirschl

Index