Courts and democracies in Asia
- Responsibility
- Po Jen Yap.
- Publication
- Cambridge ; New York ; Port Melbourne ; Delhi ; Singapore : Cambridge University Press, 2017.
- Copyright notice
- ©2017
- Physical description
- xviii, 232 pages ; 24 cm.
- Series
- Comparative constitutional law and policy
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| Call number | Note | Status |
|---|---|---|
| KNC986 .Y37 2017 |
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Description
Creators/Contributors
- Author/Creator
- Yap, Po Jen author.
Contents/Summary
- Bibliography
- Includes bibliographical references (pages 209-223) and index.
- Contents
-
- Foreword
- Introduction
- Supreme Court of Singapore and the promise of enforceable constitutional conventions
- Malaysian courts and electoral fraud
- Hong Kong courts and constitutional contradictions
- Supreme Court of India and criminality in politics
- The Constitutional Court of Taiwan and calibrated judicial review
- The Constitutional Court of Korea and systemic electoral barriers
- The Constitutional Court of Thailand and partisan judges
- The Supreme Court of Pakistan : accommodation and defiance of military authority
- The Supreme Court of Bangladesh and defensive judicial review
- Democratic values and the conundrum of unconstitutional constitutional amendments
- Conclusion.
- Publisher's summary
-
What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan , and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.
(source: Nielsen Book Data)
Bibliographic information
- Publication date
- 2017
- Copyright date
- 2017
- Series
- Comparative constitutional law and policy
- ISBN
- 9781107192621 (hardcover)
- 1107192625 (hardcover)
- 9781316642559 (paperback)
- 1316642550 (paperback)
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