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Conference Paper: The Evolution of Constitutional Courts in East and Southeast Asia
Title | The Evolution of Constitutional Courts in East and Southeast Asia |
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Authors | |
Issue Date | 2017 |
Publisher | International Society of Public Law. |
Citation | 2017 Annual Conference of the International Society of Public Law (ICON-S): Courts, Power, and Public Law, Copenhagen, Denmark, 5-7 July 2017. In ICON-S Conference, Courts, Power, and Public Law Copenhagen, p. 95 How to Cite? |
Abstract | This paper provides a historical review of the rise and development of constitutional courts in East and Southeast Asia, including those in Taiwan, South Korea, Mongolia, Thailand, and Indonesia (listed here according to the chronological order of their establishment). It provides a comparative perspective on the role and performance of constitutional courts in the political and legal systems of these Asian countries. It also attempts to develop a theoretical framework for the study of constitutional courts in Asia, building upon and refining Bjorn Dressel’s typology of judicial politics which consists of the fourfold categorizations of “judicial muteness”, “judicial restraint”, “judicial activism”, and “politicization of the judiciary”, and applying the typology to the five constitutional courts mentioned above. Finally, it will consider the implications or lessons of the experience of these Asian constitutional courts for other Asian countries that do not have constitutional courts. |
Persistent Identifier | http://hdl.handle.net/10722/264666 |
DC Field | Value | Language |
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dc.contributor.author | Chen, AHY | - |
dc.date.accessioned | 2018-10-22T07:58:39Z | - |
dc.date.available | 2018-10-22T07:58:39Z | - |
dc.date.issued | 2017 | - |
dc.identifier.citation | 2017 Annual Conference of the International Society of Public Law (ICON-S): Courts, Power, and Public Law, Copenhagen, Denmark, 5-7 July 2017. In ICON-S Conference, Courts, Power, and Public Law Copenhagen, p. 95 | - |
dc.identifier.uri | http://hdl.handle.net/10722/264666 | - |
dc.description.abstract | This paper provides a historical review of the rise and development of constitutional courts in East and Southeast Asia, including those in Taiwan, South Korea, Mongolia, Thailand, and Indonesia (listed here according to the chronological order of their establishment). It provides a comparative perspective on the role and performance of constitutional courts in the political and legal systems of these Asian countries. It also attempts to develop a theoretical framework for the study of constitutional courts in Asia, building upon and refining Bjorn Dressel’s typology of judicial politics which consists of the fourfold categorizations of “judicial muteness”, “judicial restraint”, “judicial activism”, and “politicization of the judiciary”, and applying the typology to the five constitutional courts mentioned above. Finally, it will consider the implications or lessons of the experience of these Asian constitutional courts for other Asian countries that do not have constitutional courts. | - |
dc.language | eng | - |
dc.publisher | International Society of Public Law. | - |
dc.relation.ispartof | Annual Conference of the International Society of Public Law (ICON-S): Courts, Power, and Public Law | - |
dc.title | The Evolution of Constitutional Courts in East and Southeast Asia | - |
dc.type | Conference_Paper | - |
dc.identifier.email | Chen, AHY: albert.chen@hku.hk | - |
dc.identifier.authority | Chen, AHY=rp01240 | - |
dc.identifier.hkuros | 295660 | - |
dc.identifier.spage | 95 | - |
dc.identifier.epage | 95 | - |
dc.publisher.place | Copenhagen, Denmark | - |