Constitutional Statecraft in Asian Courts
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 July 2020
- ISBN 9780198716839
- Binding Hardback
- No. of pages268 pages
- Size 240x63x20 mm
- Weight 566 g
- Language English 23
Categories
Short description:
This book examines constitutional adjudication in Southeast Asia, focusing on the constitutional courts of Malaysia and Singapore. It examines judicial strategies used for statecraft in Asian courts and shows how these courts can protect a nation's constitutional framework.
MoreLong description:
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.
This is a work of scholarly statecraft: it aims both to persuade readers globally of the importance and lessons of these Asian cases for theorizing about the relationship between judicial review and democracy globally, and to persuade common law Asian judges to follow the path set out by Tew herself...We can only hope that, like Tew, they are up to the task.
Table of Contents:
Introduction
Part I: Setting the Scene
Rights Rhetoric
Constitutional Adjudication and Constitutional Politics
Part II: A Framework for Constitutional Adjudication
Constitutional History
The Separation of Powers
The Rule of Law
Courts in Transition
Part III: Applying Constitutional Adjudication in Practice
Judicializing Religion
Balancing Security and Liberty
Conclusion
