Constitutional Courts in Asia
A Comparative Perspective

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

Albert H. Y. Chen (Edited by), Andrew Harding (Edited by)

9781107195080, Cambridge University Press

Hardback, published 20 September 2018

406 pages, 7 b/w illus. 5 tables
23.5 x 16 x 2.5 cm, 0.7 kg

'For comparative legal scholars and social scientists, this is a rare and precious book: a conceptually sophisticated and empirically rich collection of case studies and comparative reflections on constitutional courts in Asia. The volume directs attention to the variation that matters most - why have some constitutional courts succeeded in transforming their political environments, creating new forms of constitutional law and politics, while others have failed? Everyone engaged in the study of Asian law and politics needs to read this book.' Alec Stone Sweet, Saw Swee Hock Professor of Law, National University of Singapore

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

1. Constitutional courts in Asia: Western origins and Asian practice Albert H. Y. Chen
2. Constitutional review in Asia: a comparative perspective Cheryl Saunders
3. The informal dimension of constitutional politics in Asia: insights from the Philippines and Indonesia Björn Dressel
4. Towards more intra-Asian judicial cooperation in the constitutional sphere Maartje de Visser
5. An evolving court with changing functions: the constitutional court and judicial review in Taiwan Jiunn-rong Yeh and Wen-Chen Chang
6. Constitutional Court of Korea: guardian of the constitution or mouthpiece of the government? Chaihark Hahm
7. Avoiding rights: the constitutional tsets of Mongolia Tom Ginsburg and Chimid Enhbaatar
8. The Constitutional Court of Thailand: from activism to arbitrariness Khemthong Tonsakulrungruang
9. Indonesia's Constitutional Court and Indonesia's electoral systems Simon Butt
10. Constitutional Council of Cambodia at the age of majority: a history of weathering the rule of law storms in peacetime Teilee Kuong
11. The short but turbulent history of Myanmar's Constitutional Tribunal Andrew Harding
12. The Supreme Court of Japan: a judicial court, not necessarily a constitutional court Yasuo Hasebe
13. Establishing judicial review in China: impediments and prospects Qianfan Zhang
14. Why do countries decide not to adopt constitutional review? The case of Vietnam Ngoc Son Bui.

Subject Areas: Judicial review [LNDM], Constitutional & administrative law [LND], Courts & procedure [LNAA], Comparative law [LAM]