Constitutional Dialogue in Common Law Asia

by Po Jen Yap

Overview

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 the political 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 that offers a compelling alternative to legislative or judicial supremacy.

Product Details

ISBN-13:	9780191055942
Publisher:	OUP Oxford
Publication date:	07/16/2015
Sold by:	Barnes & Noble
Format:	eBook
Pages:	240
File size:	512 KB

About the Author

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 degree from the University of Cambridge. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York (USA).

Table of Contents

1. Introduction
2. Defending Dialogue
3. Overview of the Constitutional Systems
4. Judicial Crises
5. Dialogue and Sub-constitutional Doctrines
6. Freedom of Expression
7. Freedom of Religion
8. Right to Equality
9. Right to Due Process
10. Conclusion

Editorial Reviews

"Constitutional Dialogue in Common Law Asia deserves a place on the shelves of every lawyer who thinks about public law in common law Asia." - Christopher Forsyth, Professor of Public Law and Private International Law, University of Cambridge

"Po Jen Yap's beautifully written book expands the debate on newer, weaker modes of judicial review in at least three important dimensions: geographically, into common law Asia; politically, into dominant ruling party systems; and methodologically, by adding to the range of applicable judicial techniques. A major achievement." - Stephen Gardbaum, MacArthur Foundation Professor of International Justice and Human Rights, UCLA

"Smartly argued and written in a lively and candid style, onstitutional Dialogue in Common Law Asia is a pleasure to read." - David S. Law, Professor of Law and Professor of Political Science, Washington University in St. Louis

"Drawing on a wealth of cases, Dr Yap lucidly explains how the invocation of dialogic judicial review can reshape the constitutional landscape in common law Asia. This impressive work will engender controversy and debates among constitutional scholars and jurists." - HP Lee, Emeritus Professor, Monash University

"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 how sub-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

From the Publisher