Proportionality in Asia

Explores how proportionality analysis – a legal transplant from the West – is judicially enforced by courts around Asia.

Po Jen Yap (Edited by)

9781108797733, Cambridge University Press

Paperback / softback, published 29 September 2022

309 pages
22.9 x 15.2 x 1.7 cm, 0.418 kg

'Proportionality in Asia is a major contribution to the field of comparative constitutional law. Admirably, contributors address cross-national differences in how Asian judges use proportionality, with what impact on the evolution of their respective legal systems. Required reading for anyone doing comparative research on rights protection, proportionality, or Asian law and politics.' Alec Stone Sweet, Saw Swee Hock Centennial Professor in Law, National University of Singapore

This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.

Introduction: 1. Proportionality in Asia joining the global choir Po Jen Yap
Part I. Structured Proportionality: 2. More structure, more deference proportionality in Hong Kong Rehan Abeyratne
3. Proportionality in Taiwan American-German fusion Chien-Chih Lin
4. Proportionality in South Korea contextualizing the cosmopolitan rights grammar Yoon Jin Shin
Part II. Anemic / Ad Hoc Proportionality: 5. Proportionality doctrine in Malaysia: new dawn or 'Merely Obiter'? Benjamin Joshua Ong
6. Judicial review of restrictions on constitutional rights in Japan highly ad hoc, contextualized, and deferential Shigenori Matsui
7. Against the currents the indonesian constitutional court in an age of proportionality Stefanus Hendrianto
8. Manifest disproportionality and the constitutional court of Thailand Narongdech Srukhosit: Part III. Doctrinal Equivalents of Proportionality: 9. Reasonableness as proportionality more intrusive scrutiny in civil-political matters than socioeconomic ones? Md. Rizwanul Islam
10. Importing proportionality through legislation a Philippine experiment Bryan Dennis, Gabito Tiojanco, Ronald Ray and Katigbak San Juan
Conclusion: 11. Is there a doctrine of proportionality in Asia (or anywhere)? Mark Tushnet.

Subject Areas: Constitutional & administrative law [LND], Legal system: general [LNA], Comparative law [LAM]