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Constitutional Dialogue in Common Law Asia


ISBN13: 9780198736370
Published: July 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £117.50



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In a comprehensive examination of the constitutional systems of Hong Kong, Singapore, and Malaysia, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions.

Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from a British government and the major constitutional developments since decolonization.

Yap examines the judicial crises that have occurred in each of the three jurisdictions, and the techniques that have been developed to allow courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes.

The book focuses on how these novel judicial techniques have been applied to four core constitutional areas: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Chapters on each of these core topics examine and critique major case law, and develop a model of dialogic judicial review that offers a compelling alternative to legislative and judicial supremacy.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , Asia
Contents:
1. Introduction
2. Defending Dialogue
3. Overview of the Constitutional Systems
4. Judicial Crises
5. Dialogue and Sub-constitutional Doctrines
6. Freedom of Expression
7. Freedom of Religion
8. Right to Equality
9. Right to Due Process
10. Conclusion