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Comparative Constitutional Law in Asia

Edited by Rosalind Dixon, Professor of Law, UNSW Sydney, Australia and Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School, US
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.
Extent: 368 pp
Hardback Price: £105.00 Web: £94.50
Publication Date: 2014
ISBN: 978 1 78100 269 8
Availability: In Stock
Paperback Price: £30.00 Web: £24.00
Publication Date: 2015
ISBN: 978 1 78347 275 8
Availability: In Stock
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  • Asian Studies
  • Asian Law
  • Law - Academic
  • Asian Law
  • Comparative Law
  • Constitutional and Administrative Law
  • Politics and Public Policy
  • Constitutions
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.

The authors – leading comparativists from around the world – illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.

This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.
Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O’Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet
Contents:

1. Introduction
Rosalind Dixon and Tom Ginsburg

PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION
2. Participation in Constitutional Design: Asian Exceptionalism
Justin Blount and Tom Ginsburg

3. Constitutional Courts in East Asia
Tom Ginsburg

4. Judicial Engagement
Cheryl Saunders

5. Weak-form Review and its Constitutional Relatives: an Asian Perspective
Mark Tushnet and Rosalind Dixon

PART II: CONSTITUTIONAL STRUCTURE
6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective
José Antonio Cheibub and Fernando Limongi

7. Classical and Post-Conflict Federalism: Implications for Asia
Sujit Choudhry

8. Constitutions and Emergency Regimes in Asia
Victor V. Ramraj

PART III: CONSTITUTIONAL RIGHTS
9. The Comparative Constitutional Law of Freedom of Expression in Asia
Adrienne Stone, Rishad Chowdhry and Martin Clark

10. The Right to Property in Asia
Tom Allen

11. Equality in Asia
Kate O’Regan and Madhav Khosla

12. Comparative Constitutional Law and Religion in Asia
Ran Hirschl

Index