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Comparative Constitutional Law in Asia
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.
More Information
Contributors
Contents
More Information
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.
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.
Contributors
Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O’Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet
Contents
Contents:
1. Introduction
Rosalind Dixon and Tom Ginsburg
PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION
2. Participation in Constitutional Design: Asian Exceptionalism
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
José 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
1. Introduction
Rosalind Dixon and Tom Ginsburg
PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION
2. Participation in Constitutional Design: Asian Exceptionalism
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
José 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
