Constitutional Dialogue in Common Law Asia

Hardcover | August 16, 2015

byPo Jen Yap

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In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, 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 thepolitical structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review thatoffers a compelling alternative to legislative or judicial supremacy.

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In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, 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 thepolitical structures and traditions that we...

Dr Po Jen Yap is an Associate Professor at The University of Hong Kong, Faculty of Law, where he specializes in Constitutional and Administrative law. He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He also has a PhD...

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Format:HardcoverDimensions:272 pages, 9.21 × 6.14 × 0.89 inPublished:August 16, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198736371

ISBN - 13:9780198736370

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Table of Contents

1. Introduction2. Defending Dialogue3. Overview of the Constitutional Systems4. Judicial Crises5. Dialogue and Sub-constitutional Doctrines6. Freedom of Expression7. Freedom of Religion8. Right to Equality9. Right to Due Process10. Conclusion

Editorial Reviews

"Po Jen Yap's examination of constitutional review in three Asian jurisdictions is an important expansion of our understanding, not only because it extends the discussion of forms of constitutional review to previously understudied jurisdictions but also because its examination shows howsub-constitutional review can do much of what dialogic or weak-form constitutional review does. This is an important contribution." --Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University