The Constitutional Systems of East Asia

The Constitutional Systems of East Asia PDF

Author: Mauro Mazza

Publisher:

Published: 2019

Total Pages: 396

ISBN-13: 9789462368989

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This volume, which is part of the Comparative Public Law Treaties directed by prof. Giuseppe Franco Ferrari, offers the result of a reflection on the characteristics of the constitutional laws of East Asia. In the course of the work, in addition to a deepening of understanding of the legal models considered, investigations were carried out for internal comparison between the Eastern Asian legal systems, as well as for comparison with public legal systems belonging to other, mainly Western, legal traditions. The sectors of the jurisdictions that have been examined concern (a) the constitutional system, with a separate analysis of the legislative, executive and judicial bodies including constitutional justice (in the national experiences that contemplate it), (b) the forms of political-administrative decentralization, and (c) the catalogue of fundamental rights. In accordance with the prevalent trends in international literature on comparative legal methodology (as far as we are concerned, in the area of constitutional law), both diachronic and synchronic profiles of the national legal systems have been examined.

Constitutional Convergence in East Asia

Constitutional Convergence in East Asia PDF

Author: Po Jen Yap

Publisher: Cambridge University Press

Published: 2021-11-25

Total Pages: 213

ISBN-13: 1108924832

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The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.

Confucian Constitutionalism in East Asia

Confucian Constitutionalism in East Asia PDF

Author: Bui Ngoc Son

Publisher: Routledge

Published: 2016-02-12

Total Pages: 226

ISBN-13: 1317529057

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Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

Public Law in East Asia

Public Law in East Asia PDF

Author: AlbertH.Y. Chen

Publisher: Routledge

Published: 2017-07-05

Total Pages: 624

ISBN-13: 1351552589

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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.

Political Systems of East Asia

Political Systems of East Asia PDF

Author: Louis D Hayes

Publisher: Routledge

Published: 2014-12-18

Total Pages: 289

ISBN-13: 1317462564

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This innovative, interdisciplinary introduction to East Asian politics uses a thematic approach to describe the political development of China, Japan, and Koreas since the mid-nineteenth century and analyze the social, cultural, political, and economic features of each country. Unlike standard comparative politics texts which often lack a unifying theme and employ Western conventions of the 'state', "Political Systems of East Asia" avoids these limitations and identifies a common thread running through the histories of China, Korea, and Japan. This common thread is Confucianism, which has shaped East Asian perspectives of the universe and how it operates. The text describes and explains the ways in which each country has employed this shared tradition, and how it has affected the country's internal dynamics, responses to the outside world, and its own political development.

Asia-Pacific Constitutional Systems

Asia-Pacific Constitutional Systems PDF

Author: Graham Hassall

Publisher: Cambridge University Press

Published: 2002-05-07

Total Pages: 328

ISBN-13: 9780521591294

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This book analyzes the formal constitutional changes that have recently taken place in the Asia-Pacific region, embracing the countries of East and South East Asia and the Pacific Island states. In examining the different constitutional systems in the region, it asks several key questions: What constitutional arrangements operate in the region and how can their fundamental differences be explained? How do social, political and economic factors limit the effectiveness of the existing constitution? What lessons are gained for the practice of constitutionalism elsewhere?

Constitutional Courts in Asia

Constitutional Courts in Asia PDF

Author: Albert H. Y. Chen

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 407

ISBN-13: 110719508X

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A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Constitutional Systems in Late Twentieth Century Asia

Constitutional Systems in Late Twentieth Century Asia PDF

Author: Lawrence Ward Beer

Publisher:

Published: 1992-01-01

Total Pages: 740

ISBN-13: 9780295971742

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In introductory and concluding chapters, editor Beer places the development of constitutionalism in Asian countries within its historical and world context and presents an original analysis of the meanings of constitutionalism. The remaining 13 essays are grouped by geographic area: eastern Asia (Ch

Global Constitutionalism from European and East Asian Perspectives

Global Constitutionalism from European and East Asian Perspectives PDF

Author: Takao Suami

Publisher: Cambridge University Press

Published: 2018-11-29

Total Pages: 625

ISBN-13: 1108266290

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Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

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