judicial review of elections in asia routledge studies in asian law

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Judicial Review Of Elections In Asia

Author : Po Jen Yap
ISBN : 9781317361480
Genre : Law
File Size : 86. 24 MB
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In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.

Public Law In East Asia

Author : AlbertH.Y. Chen
ISBN : 9781351552578
Genre : Law
File Size : 51. 66 MB
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Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

E Voting Case Law

Author : Ardita Driza Maurer
ISBN : 9781317138198
Genre : Law
File Size : 63. 68 MB
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E-voting is the use of electronic means in the casting of the vote at political elections or referendums. This book provides an overview of e-voting related case-law worldwide and explains how judicial decisions impact e-voting development. With contributions by renowned experts on thirteen countries, the authors discuss e-voting both from controlled environments, such as voting machines in polling stations, and uncontrolled ones, including internet voting. Each chapter examines a group of country-specific leading judicial decisions on e-voting and their likely impact on its future development. Reference is made to emerging standards on e-voting such as the Recommendation Rec(2004)11 of the Council of Europe, the only international instrument on e-voting regulation, and to other countries' case-law. The work provides a broader, informative and easily accessible perspective on the historical, political and legal aspects of an otherwise very technical subject, and contributes to a better understanding of the significance of case law and its impact in shaping e-voting's future development. The book will be significantly useful to anyone with an interest in e-voting, in particular decision makers and officials, researchers and academia, as well as NGOs and providers of e-voting solutions.

Politics And Constitutions In Southeast Asia

Author : Marco Bünte
ISBN : 9781317537663
Genre : Law
File Size : 33. 83 MB
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Asian Law In Disasters

Author : Yuka KANEKO
ISBN : 9781317396840
Genre : Social Science
File Size : 80. 38 MB
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This book is a critical analysis of several of the most disaster-prone regions in Asia. Its unique focus is on the legal issues in the phase of disaster recovery, the most lengthy and difficult stage of disaster response that follows the conclusion of initial emergency stage of humanitarian aid. In the stage of disaster recovery, the law decides the fate of reconstruction for the individual houses and livelihoods of the disaster-affected people and sets the limit of governmental support for them during the lengthy period of suspension of normal living until full recovery is obtained. Researchers who were participant-observers in the difficult recovery phase after the mega-disasters in Asia analyse the reality of the functions of law which often hinder, rather than foster, efforts to restore disaster victims’ lives. The book collects research conducted with an emphasis on empirical approaches to legal sociology, including direct interviews with people affected by the disaster. It offers a holistic approach beyond the traditional sectionalism of legal studies by starting with a historical review and incorporating both spheres of public law and private law, in order to obtain a new perspective that can concurrently achieve disaster risk reductions and human-centered recoveries. With particular emphasis on the unexplored area of law in the post-disaster recovery phase, this book will attract the attention of students and scholars of disaster studies, legal studies, Asian studies, as well as those who work in the practice of disaster management.

Routledge Handbook Of Corruption In Asia

Author : Ting Gong
ISBN : 9781317507871
Genre : Political Science
File Size : 31. 79 MB
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Corruption in Asia ranges from the venal rent-seeking of local officials to the million-dollar bribes received by corrupt politicians; from excessive position-related consumption to future job offers in the private sector for compliant public servants; from money-laundering to ‘white elephant’ projects that do little more than line the pockets of developers and their political partners. The Routledge Handbook of Corruption in Asia addresses the theories, issues and trends in corruption and anticorruption reform that have emerged from this diverse experience. The book is divided into four major parts: corruption and the state; corruption and economic development; corruption and society; and controlling corruption: strategies, successes and failures. Chapters compare and contrast corruption in different social and institutional contexts, examine both successful and unsuccessful attempts to control it, and consider what lessons can be drawn from these Asian experiences. This academically rigorous and insightful book will be of interest to a wide range of students and scholars, particularly those of Asian studies, politics and sociology.

Routledge Handbook Of Democratization In East Asia

Author : Tun-jen Cheng
ISBN : 9781317559245
Genre : Political Science
File Size : 42. 20 MB
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This handbook provides a comprehensive analysis of the dynamics and prospects of democratization in East Asia. A team of leading experts in the field offers discussion at both the country and regional level, including analysis of democratic attitudes and movements in China, Japan, South Korea, and Taiwan. Evaluating all the key components of regime evolution, from citizen politics to democratic institutions, the sections covered include: • Regional Trends and Country Overviews • Institutions, Elections, and Political Parties • Democratic Citizenship • Democratic Governance • The Political Economy of Democratization Examining the challenges that East Asian emerging democracies still face today, as well as the prospects of the region's authoritarian regimes, the Routledge Handbook of Democratization in East Asia will be useful for students and scholars of East Asian Politics, Comparative Politics, and Asian Studies.

Courts And Democracies In Asia

Author : Po Jen Yap
ISBN : 9781108136068
Genre : Law
File Size : 72. 22 MB
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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.

Governance And Constitutionalism

Author : Bogdan Iancu
ISBN : 1138633674
Genre : Administrative agencies
File Size : 76. 73 MB
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This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ¿independent agencies¿ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ¿agentification¿ as a result of internationalisation, and ¿agentification¿ as a reflex and consequence of transnational polity-building within the EU.

Routledge Handbook Of Contemporary Myanmar

Author : Adam Simpson
ISBN : 9781317589839
Genre : Social Science
File Size : 69. 6 MB
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After decades of mismanagement and direct military rule, Myanmar’s contested transition to a more democratic government has rapidly shifted the outlook in this significant Southeast Asian nation. Since 2011, the removal of Western sanctions and new foreign investments have resulted in high rates of economic growth and an expanding middle class, albeit from a very low base. In a result unthinkable a few years earlier, former political prisoner and Nobel laureate Aung San Suu Kyi and her party, the National League for Democracy (NLD), formed a national government in early 2016. However, despite significant political and economic reforms since the liberalisation process commenced, the transition to civilian rule remains constrained by the military’s 2008 Constitution, which guarantees that it operates unfettered by civilian oversight. As a result, although some ethnic conflicts have abated, others continue to fester and new conflicts have erupted. With a daunting task ahead the NLD government has made some progress in removing the vestiges of repressive military-era laws but many remain untouched and some of the practices of the new government provide unwelcome reminders of its authoritarian history. This timely Handbook describes the political, economic, and cultural dimensions of this crucial period of transition in Myanmar. It presents explanations for contradictory trends, including those that defy some of the early narratives about the comprehensive transformation of Myanmar. The Handbook also considers the impact of major environmental, strategic, and demographic trends which help underscore that Myanmar’s development will be an ongoing task. In addition to introductory and concluding chapters by the editors, the body of the Handbook is divided into seven core sections: • Fundamentals • Spaces • Cultures • Living • Governance • International • Challenges Written by an international team of scholars, with a mix of world-leading established academics and talented emerging researchers, the Handbook provides a rigorous scholarly overview of Myanmar’s politics, economics, and society. As Myanmar opens to Western businesses and government agencies, this is an invaluable reference book that will provide a foundation for further research and offer the first port of call for scholars, students, and policy makers working on Myanmar and Asia.

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