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Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Examines and compares East Asian and European perspectives of Global Constitutionalism.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Constitutionalism in Asia in the Early Twenty-first Century: The achievement of constitutionalism in Asia: moving beyond 'constitutions without constitutionalism' Albert H.Y. Chen; 2. East Asian constitutionalism in comparative perspective Tom Ginsburg; 3. Major constitutional developments in Japan in the first decade of the twenty-first century Shojiro Sakaguchi; 4. Upgrading constitutionalism: the ups and downs of constitutional developments in South Korea since 2000 Jongcheol Kim; 5. Constitutional change in North Korea Dae-kyu Yoon; 6. Chinese constitutional dynamics: a decennial review Wang Zhenmin and Tu Kai; 7. A decade of changing constitutionalism in Taiwan: transitional and transnational perspectives Jiunn-rong Yeh and Wen-Chen Chang; 8. Hong Kong's constitutional journey: 1997-2011 Johannes Chan; 9. Constitutional developments in Vietnam in the first decade of the twenty-first century Bui Ngoc Son; 10. Constitutionalism in Burma, Cambodia and Thailand: developments in the first decade of the twenty-first century Kevin Y.L. Tan; 11. Constitutional developments in Malaysia in the first decade of the twenty-first century: a nation at the crossroads H.P. Lee; 12. 'We are feeling our way forward, step by step': the continuing Singapore experiment in the construction of communitarian constitutionalism in the twenty-first century's first decade Thio Li-ann; 13. Philippine constitutional law: Republican institutions and populist politics Raul C. Pangalangan; 14. Promoting democracy and finding the right direction: a review of major constitutional developments in Indonesia Nadirsyah Hosen; 15. The Indian constitution in the twenty-first century: the continuing quest for empowerment, good governance and sustainability Surya Deva; 16. The old order is dying, the new order is not yet born: politics of constitution demolishing and constitution building in Nepal Yash Ghai; 17. The impact of internationalisation on national constitutions Cheryl Saunders

Hongyi Chen

Published: 2014

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"Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike"--
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.
This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.